Of Anti-monopoly Law Regulation of the Telecommunications Industry in Our Country
|School||Central South University for Nationalities|
|Keywords||Monopoly The telecoms industry Telecom reform The antitrust laws|
Telecommunications industry as a pillar industry of our country, occupies animportant place in the economy in our country, as a public company, it exists in thenatural monopoly attribute of the original. But with the development of economy andthe progress of communication technology, the natural monopoly attribute constantlyweakening, monopoly management pattern already can not adapt to the development ofthe telecommunications industry, so you have to break the monopoly of telecom, theintroduction of fully effective competition. Several times to split China’stelecommunications industry in the restructuring, the introduction of a competition, butmonopoly has not been broken, there is monopoly behavior. This article will analyzeour country of anti-monopoly regulation of the industry situation and the existence ofmonopoly behavior, analysis to introduce British and American antitrust regulation aswell as the lessons of our country, the two countries finally Suggestions of perfectingour country’s telecom antitrust regulation is put forward, namely, introduced a"telecommunications act" as soon as possible, to perfect the relevant telecom system.Thesis is divided into six parts, the first part is introduction.The second part of telecommunications, telecommunications and telecomsmonopoly concept is defined.The third part introduces the telecommunications industry in China experiencedseveral times of split and restructuring, from1994to1998, the telecommunicationsindustry in our country are asymmetric duopoly competition era, from1998to1998, thetelecom market has formed six operators compete competitive situation, to2008yearslater, again spin-off and restructuring of telecommunication, mobile, telecom, unicommarket competition pattern of the three pillars of.The fourth part introduced our country present stage the anti-monopoly lawregulation of the status quo, pointed out that China’s telecoms monopoly, monopolyagreement include abuse of dominant market position, and administrative monopoly,etc., these behaviors seriously hindered the progress of telecommunication technologyand harm the depending on the rights and interests of consumers, and then analyzes thelegislation of telecommunication, in the final analysis problem of telecom antitrust regulation in our country.Fifth part of the comparative analysis of the foreign antitrust regulation oftelecommunications, represented by Britain and the United States between the twocountries, the two countries anti-monopoly developing course are analyzed in detail,and the two countries telecom reform, summarizes the experiences and lessons. Pointedout that the two countries in the reform legislation is leading, first enacted"telecommunications act", and set up independent telecoms regulator, controls on bothlegal regulation and mechanism, it is very worthy of our reference and study.Last part6through analysis and summary, and put forward the Suggestions ofperfecting our country’s telecom antitrust regulation, first clear telecom antitrustregulation value goal; And then to perfect the legislation of telecommunication,including introduced a telecommunications act as soon as possible, to perfect the relatedtelecommunications system in the telecommunications act, including market accesssystem, system of interconnectivity, telecommunication fees system and telecomregulation system, etc; To perfect our country "antimonopoly law", and to coordinatethe relationship between the telecommunications act and other laws.