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In recent years, under the correct leadership of the Central Committee of the Chinese Communist Party and the State Council, the reform on the telecommunications system has made great achievements, with measures such as breaking monopoly, introducing competition, recomposing the industry, getting listed on the stock market after being re-organized according to the modern corporate system, which have effectively accelerated the development of the telecommunications industry. But recently, some telecommunications operating enterprises (hereinafter referred to the telecom enterprises) which, in violation of the relevant laws and regulations of the State, set obstacles on purpose, interfere with and prevent the linkup between networks by taking illegal means, and there even occurs incidents such as causing the collective complaints and visits of consumers, cutting cables, destroying telecommunications facilities, and charging phone calls in violation of laws and regulations, which have seriously affected the security of the telecommunications networks, disturbed the telecommunications market order, and impaired the communication rights of the vast consumers. The main reasons for producing the preceding problems are: Firstly, some of the telecom enterprises don't have much law awareness, and turn a deaf ear to, overtly agree to but covertly oppose, or even publicly violate the relevant laws and regulations of the State, or clash with the administration act of the supervision department according to law. Secondly, the existing settlement measures and standards between the networks fail to become an effective stimulation to have the enterprise guarantee quality communication. Thirdly, the telecommunications supervision department has no effective supervision measures. In order to solve the above-mentioned problems and maintain the telecommunications market order, priorities for comprehensive treatment shall be given to aspects such as the law, economics, technology and administration, both on the surface and at the root. Therefore, we bring forward the following suggestions: I. STRENGTHENING CONSTRUCTION OF THE LEGAL SYSTEM, INTENSIFYING LAW ENFORCEMENT, AND SEVERELY PUNISHING ACTS IN VIOLATION OF LAWS AND REGULATIONS The relevant departments shall strictly implement the Telecommunications Regulation of the People's Republic of China and other relevant laws and regulations, intensify the administrative law enforcement, and impose severe punishment on acts of the entities or individuals such as destroying communication facilities, interrupting or cumbering communication between the telecommunications networks, and other acts in violation of the laws and regulations. If such act constitutes a crime, the entities or the individuals shall be subject to criminal liability. At the same time, the drafting of the Telecommunications Law of the People's Republic of China and other relevant laws and regulations shall be speeded up in accordance with the Legislation Law of the People's Republic of China, and the relevant laws and regulations shall be formulated and perfected, and the publicity and education of the laws and regulations shall be strengthened. Great efforts shall be made to establish legal environment such as lawful administration by the supervision departments, managing the telecom enterprises according to law, and the vast consumers protecting their rights according to law, so as to push forward the establishment of a fair, effective and orderly competition order and safeguard the prosperity and development in respect of the telecommunications market. II. IMPROVING THE TECHNOLOGICAL AND ECONOMIC MEANS, INTENSIFYING FORCE IN SUPERVISION AND INSPECTION, AND PROMOTING THE LINKUP BETWEEN TELECOMMUNICATIONS NETWORKS The telecommunications supervision department shall make research on and formulate standards and testing measures on the quality of communication between the telecommunications networks, organize all telecom enterprises to test on the quality of communication between telecommunications networks, supervise the telecom enterprises to report the testing result timely, and solve the problems on the quality of communication between telecommunications networks found in the tests, and have the Ministry of Information Industry announce to the public timely the linkup conditions between the telecom enterprises and the quality of communication between telecommunications networks. Meanwhile, the system on monitoring the quality of communication between telecommunications networks shall be set up as soon as possible so as to make real time monitoring on conditions of the linkup between telecommunications networks and the quality of communication, so as to strengthen the investigation and evidence collection capability of the telecom supervision department and that of the judicial departments. The business accounting of the cost of telecommunications networks shall be actively pushed forward upon the need of linkup, taking into consideration comprehensively factors such as the technological progress, market development, the affordability of the consumers, etc. The scientific, reasonable settlement measures for the cost of phone calls between telecommunications networks shall be formulated as soon as possible, the settlement standards between telecommunications networks shall be reasonably adjusted on the basis of careful measurement and calculation, and the settlement connections shall be straightened out, so as to establish an effective stimulation mechanism which is beneficial to the mutual benefits of all the telecom enterprises and the development thereof, and achieve a better linkup between telecom enterprises. III. REINFORCING THE EXAMINATION AND ADMINISTRATION ON THE LEADERS AND CADRES OF THE TELECOM ENTERPRISES, PROMOTING THE TELECOM ENTERPRISES TO LEGALLY CARRY OUT BUSINESS, AND ESTABLISH FAVORABLE TELECOMMUNICATIONS MARKET ORDER The department for the administration of persons in charge of the enterprises under the Central Government shall strengthen examination on the leading group of all the telecom enterprise groups (limited companies, the same hereinafter), and shall listen to the opinions of the major persons in charge of the Ministry of Information Industry when selecting and appointing members of the leading group, taking into consideration whether the leading group and the members thereof have earnestly implemented the State laws and regulations and policies, or have safeguarded the telecommunications market order, which shall be regarded as the major coverage and appointment basis for examining and evaluating comprehensively the outstanding achievements of the leading group and the members thereof. All the telecom company groups shall, when appointing or removing members of the leading group of the branches at the provincial level, take into consideration the opinions of the organization department of the party committee of the telecommunication administration of the corresponding provinces (districts or municipalities) as the major basis for examining and regulating the leaders. In case any of the members of the leading group who are liable for acts such as violation of the provisions of the State policies, vicious competition, destroying linkup, the members who disturb or obstruct the law enforcement of the telecommunications supervision department by means of buckpassing or wrangling, the telecommunications supervision department shall, according to the affiliation of administrative subordination, report to the department for the administration of the persons in charge of the enterprises under the Central Government or the telecom enterprise groups. For those members of the leading group of the telecom enterprises, who are negligent in management, which result in serious economic losses or serious incidents, shall be prosecuted the leader's liability by the supervision departments in accordance with the relevant provisions. Where any person other than the members of the leading group of all telecom enterprise groups and their branches at the provincial level, who commit acts in violation of any law or regulation, such as conniving with or even taking part in acts of violating State policies, destroying the linkup between telecommunications networks or destroying telecommunications facilities, the telecommunications supervision department shall bring forward suggestions on addressing the act, and the relevant telecom enterprises shall seriously deal with it accordingly. The person who is removed from his position or deposed due to the above-mentioned reasons shall not be appointed again within three years; if such act constitutes a crime, he shall be subject to criminal liability. In order to promote the healthy development of the state-owned telecom enterprises, the major persons in charge of the enterprises shall be exchanged among all the telecom enterprise groups and the companies at the provincial level thereof upon the needs of work in the future. IV. STRENGTHENING SUPERVISION AND EXAMINATION ON THE OPERATING EFFICIENCY OF THE TELECOM ENTERPRISES SO AS TO HAVE THE STATE-OWNED CAPITALS OF THE TELECOM ENTERPRISES INSURED AND APPRECIATED IN VALUE The department for the supervision and administration of state-owned assets shall strengthen supervision over the maintenance and increment of value of the state-owned assets of the telecom enterprises. The examination and evaluation on the outstanding achievements of the telecom enterprises shall, in addition to evaluating the achievements of the enterprises, make inspection on whether the enterprise has any operating act in violation of the regulations or any vicious competition that impair the national interests. In case any operating act of the enterprise is found to be likely to endanger the safety of the state-owned assets, and result in the loss of the state-owned assets or infringe upon the rights and interests of the owner of the state-owned assets, it shall be reported to the State Council in time. The result of the examination and evaluation shall be circulated a report within a certain scope. It is a very important task to reinforce the supervision over the telecommunications and maintain the telecommunications market order at present. The telecommunications supervision department shall earnestly perform the supervision functions and duties invested by the State, further improve the supervision system, strengthen the self-construction of the telecommunications supervision group, and improve the level of telecommunications supervision. All districts and relevant departments shall earnestly put into effect all kinds of measures of the State Council, coordinate and cooperate tightly, so as to promote the sustainable, rapid and healthy development of the telecom industry of our country. |
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