中华人民共和国电信条例 PRC, Telecommunications Regulations

　When allocating telecommunications resources, consideration shall be given to telecommunications Resource planning, the purposes for which such resources will be used and projected service capabilities.

　　Telecommunications resources may be allocated through allotment

or auction.

　　Entities that have obtained the right to use telecommunication resources shall, within the specified time limit, commence using the resources allocated to them and attain the minimum specified scale of use. Telecommunications resources may not be used, assigned or leased nor the purpose for which they are used changed without the approval of the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government.

　　Article 30　After a user of telecommunications resources legally obtains numeric resources for a telecommunications network, leading telecommunications business operators and other relevant work units shall be under obligation to adopt the necessary technical measures to cooperate with the user of the telecommunications resources in enabling such user's numeric resources to function.

　　If laws or administrative regulations contain special provisions concerning the administration of telecommunications resources, such provisions shall govern.

　　PART THREE　TELECOMMUNICATIONS SERVICES

　　Article 31　Telecommunications business operators shall provide services to telecommunications subscribers in accordance with the telecommunications service rates specified by the State. The types and scopes of, and the charge rates and time limits for, the services provided by a telecommunications business operator shall be made public and filed with the telecommunications administration authority of the province, autonomous region or municipality directly under the central government for the record.

　　Telecommunications subscribers have the right to select at their own discretion the various types of legally operated telecommunications service that they wish to use.

　　Article 32　When a telecommunications subscriber applies for telecommunications terminal equipment to be installed, or to be reinstalled in a new location, the telecommunications business operator shall ensure that the equipment is installed and functioning within the operator's published time limit. If the equipment is not installed and functioning within the time limit due to a reason attributable to the telecommunications business operator, such operator shall pay the telecommunications subscriber liquidated damages at the rate of 1% per day of the fee for the installation, the fee for the reinstallation in a new location or other fee charged.

　　Article 33　If a telecommunications subscriber reports an interruption of telecommunications services, the telecommunications business operator shall make repairs or tune the connection within 48 hours, if in an urban area, or 72 hours, if in a rural area, from the date of receipt of the report. If the operator is unable to make the repairs or tune the connection on schedule, it shall promptly notify the telecommunications subscriber and exempt him from the payment of the monthly rental fee for the period when service is interrupted. However, interruptions of telecommunications services arising from a reason attributable to the telecommunications terminal equipment shall not be covered hereby.

　　Article 34　Telecommunications business operators shall facilitate telecommunications subscribers' payment of fees and making of inquiries. If a telecommunications subscriber requests a list of charges for domestic long distance communications, international communications, mobile communications and information services, etc., the telecommunications business operator shall provide such list free of charge.

　　The moment that a telecommunications business operator discovers that a telecommunications subscriber has incurred unusually huge telecommunications charges, it shall notify the telecommunications subscriber as quickly as possible and take appropriate measures.

　　For the purposes of the preceding paragr

aph, the term "huge telecommunications charges" means charges that arise suddenly and exceed by more than five times the telecommunications subscriber's average monthly telecommunications charges for the preceding three months.

　　Article 35　Telecommunications subscribers shall pay timely and in full their telecommunications charges to the telecommunications business operator by the agreed time and by the agreed method. If a telecommunications subscriber fails to pay his telecommunications charges on time, the telecommunications business operator has the right to demand that he pay the telecommunications charges and may charge him liquidated damages at the rate of 0.3% of the unpaid charges per day.

　　If a telecommunications subscriber has still failed to pay his telecommunications charges 30 days after the agreed time limit for payment, the telecommunications business operator may suspend the provision of telecommunications services to him. If the telecommunications subscriber has still failed to pay his telecommunications charges and liquidated damages within 60 days after the telecommunications business operator has suspended the provision of telecommunications services to him, such operator may terminate the provision of services to him and pursue the payment of the charges owed and the liquidated damages in accordance with the law.

　　An operator of mobile telecommunications services may agree upon the time limit for, and method of payment of, telecommunications charges with telecommunications subscribers, and, in doing so, it shall not be bound by the time limits specified in the preceding paragraph.

　　The telecommunications business operator shall restore suspended telecommunications services within 48 hours of the payment of the overdue telecommunications charges and the liquidated damages by a telecommunications subscriber who had failed to pay his telecommunications charges on time.

　　Article 36　If normal telecommunications services will or, may be, affected by a telecommunications business operator's engineering work, network construction, etc., the operator must promptly inform subscribers within the specified time limit and make a report to the telecommunications administration authority of the province, autonomous region or municipality directly under the central government.

　　If telecommunications services are interrupted due to a reason as specified in the preceding paragraph, the telecommunications business operator shall reduce or exempt the subscribers' payment of the charges for the corresponding period during which telecommunications services were interrupted.

　　If a circumstance as specified in the first paragraph of this Article arises and the telecommunications business operator fails to promptly notify subscribers, it shall indemnify subscribers for losses incurred as a result thereof.

　　Article 37　Telecommunications business operators that operate local telephone services or mobile telephone services shall provide to subscribers free of charge such public service telecommunications services as hot lines for reporting fire, crime and traffic accidents and for medical emergencies and ensure that traffic flows freely on such communications lines.

　　Article 38　A telecommunications business operator shall provide equal and reasonable access services in a timely manner to group subscribers that require access to the operator's telecommunications network through a trunk line.

　　The telecommunications business operator may not discontinue the access services without approval.

　　Article 39　Telecommunications business operators shall establish a sound internal service quality management system and may formulate, publish and implement enterprise standards that exceed the telecommunications service standards fixed by the State.

　　Telecommunications business operators shall adopt various methods to listen to the opinions

of telecommunications subscribers, subject themselves to supervision by the public and continuously improve the quality of their telecommunications services.

　　Article 40　If a telecommunications business operator's telecommunications services do not meet State standards for telecommunications services or the enterprise standards published by the operator, or a telecommunication subscriber has objections to the telecommunications charges he is paying, the subscriber has the right to require the telecommunications business operator to resolve the problem. If the telecommunications business operator refuses to resolve the problem or if the telecommunications subscriber is not satisfied with the results of the resolution, the subscriber has the right to appeal to the State Council's department in charge of the information industry or the telecommunications administration authority of the province, autonomous region or municipality directly under the central government. The authority that receives the appeal must deal with it in a timely manner and respond to the appellant within 30 days of the date of receipt of the appeal.

　　If a telecommunications subscriber has an objection to the local telephone charges he is paying, the telecommunications business operator shall provide free of charge, at the telecommunications subscriber's request, the basis on which local telephone charges are billed and be under obligation to take the necessary measures to assist the telecommunications subscriber in investigating the cause.

　　Article 41　Whil

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