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

e providing telecommunications services, a telecommunications business operator may not carry out any of the following acts:

　　1. limiting, by any means whatsoever, telecommunications subscribers to using the telecommunications services that it has designated;

　　2. limiting telecommunications subscribers to using telecommunications terminal equipment it has designated or refusing telecommunications subscribers' use of self-supplied telecommunications terminal equipment for which they have obtained permission to connect to the network;

　　3. violating State regulations by modifying, or modifying in disguised form, its charge rates, or by increasing, or increasing in disguised form, the items for which it charges fees, without authorization;

　　4. refusing, delaying or terminating the provision of telecommunications services to a telecommunications subscriber without a legitimate reason;

　　5. not performing the undertakings it publicly made to telecommunications subscribers or making false publicity that is likely to cause confusion; or

　　6. making use of improper means to harass telecommunications subscribers or retaliating against telecommunications subscribers who have filed a complaint.

　　Article 42　During the course of telecommunications business operations, a telecommunications business operator may not carry out any of the following acts:

　　1. using any method whatsoever to limit a telecommunications subscriber from selecting telecommunications services legally provided by other telecommunications business operators;

　　2. unreasonably cross-subsidizing other business that it operates; or

　　3. engaging in unfair competition by providing telecommunications business or services below cost, in order to squeeze out competitors.

　　Article 43　The State Council's department in charge of the information industry or the telecommunications administration authority of the provinces, autonomous regions or municipalities directly under the central government shall ex officio supervise and examine the quality of the telecommunications services and the business activities of telecommunications business operators and make public the results of their supervision and spot checks.

　　Article 44　Telecommunications business operators must perform their corresponding obligations to make telecommunications

services universally available, in accordance with relevant State regulations.

　　The State Council's department in charge of the information industry may determine which telecommunications business operators shall assume specific obligations in respect of the universal availability of telecommunications services by designating such operators or by inviting tenders.

　　The procedures for the administration of the compensation for the costs of making telecommunications services universally available shall be formulated by the State Council's department in charge of the information industry in concert with the State Council's financial department and department in charge of pricing, and, after approval by the State Council, be published for implementation.

　　PART FOUR　TELECOMMUNICATIONS-RELATED CONSTRUCTION

　　Section One: Construction of Telecommunications Facilities

　　Article 45　The construction of public telecommunications networks, dedicated telecommunications networks and radio and television transmission networks shall be subject to overall planning and industry administration by the State Council's department in charge of the information industry.

　　Before the construction of a public telecommunications network, dedicated telecommunications network or radio or television transmission network that is a national information network project or a construction project above the limit set by the State is submitted for approval in accordance with the procedures for the examination and approval of State capital construction projects, the consent of the State Council's department in charge of the information industry shall be obtained.

　　Basic telecommunications construction projects shall be incorporated into the urban construction master plans and village and town construction master plans of the various levels of local people's governments.

　　Article 46　The installation of telecommunications facilities shall accompany construction in urban areas and in villages and towns. The telecommunications cables and cable distribution facilities in buildings and the telecommunications cable ducts within the areas used for construction projects shall be incorporated into the design documents for the construction projects and shall be constructed and accepted at the same time as the construction projects. The necessary funds shall be included in the budgets for the construction projects.

　　When relevant work units or authorities plan and construct roads, bridges, tunnels or subways. They shall notify the telecommunications administration authority and the telecommunications business operators of the province, autonomous region or municipality directly under the central government and consult with them on such matters as reserving space for telecommunications cables.

　　Article 47　Operators of basic telecommunications services may attach telecommunications circuits to or install such public telecommunications facilities as small antennae and mobile communications base stations on civilian buildings, provided that they notify the holders of title to or users of the buildings in advance and pay a usage fee to the holders of title to or other rights in the buildings in accordance with the rates set by the people's government of the province, autonomous region or municipality directly under the central government.

　　Article 48　Signs shall be put up in accordance with the relevant State regulations when constructing underground, underwater or other such hidden telecommunications facilities or elevated telecommunications facilities.

　　An operator of basic telecommunications services shall obtain the consent of the State Council's department in charge of the information industry to lay submarine telecommunications cables and shall carry out the relevant procedures in accordance with the law after obtaining the consent of the relevant authorities. The relevan

t department of the State Council shall indicate submarine telecommunications cables on marine charts.

　　Article 49　No work unit or individual may modify or move the telecommunications circuits or other telecommunications facilities of a third party without authorization. If a situation arises where such circuits or facilities must be modified or moved, the consent of the holder of title to such telecommunications facilities shall be obtained, and the work unit or individual that made the request to modify or move the facilities shall bear the expenses necessary for, and compensate for the financial losses caused by, such modification or move.

　　Article 50　Such activities as construction, production and the planting of trees may not compromise the safety of telecommunications circuits or other telecommunications facilities or impede the flow of traffic on the circuits. In the event that telecommunications safety may be compromised, the relevant telecommunications business operator shall be notified in advance, and the work unit or individual engaging in such activity shall be responsible for taking the necessary precautions to protect the safety of such telecommunications facilities.

　　If the provisions of the preceding paragraph are violated, resulting in damage to telecommunications circuits or other telecommunications facilities or impeding the flow of traffic on the circuits, the facilities shall be restored to their original state or repaired and compensation shall be paid for the financial losses incurred.

　　Article 51　When constructing telecommunications circuits, the required safe distance from existing telecommunications circuits shall be maintained. If the existing circuits are difficult to avoid or must be crossed or if it is necessary to use existing telecommunications cable ducts, consultations shall be held with the holder of title to the existing telecommunications circuits and an agreement entered into. If the consultations fail to produce an agreement, 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, depending on the circumstances, shall resolve the matter through mediation.

　　Article 52　No organization or individual may prevent or hinder the construction of telecommunications facilities or the provision of public telecommunications services to telecommunications subscribers by operators of basic telecommunications services in accordance with the law with the exception, however, of areas to which State regulations prohibit or restrict access.

　　Article 53　Telecommunications vehicles that are being used for special or emergency communications, or for emergency repairs or for dealing with emergencies may, subject to the approval of the public security and traffic control authority, be exempted from observing the various restrictions imposed by signs prohibiting the passage of motor vehicles, provided that the safety and free flow of traffic is ensured.

　　Section Two: Connection of Telecommunications Equipment to Networks

　　Article 54　Telecommunications terminal equipment, wireless communication equipment and equipment used in network interconnection shall be subject to a State-implemented permission system for connecting to networks.

　　Telecommun

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