The principles and practice of the fusion legislation of the US Communication Network
June 01, 2020 09:57 Source: "China Social Sciences" June 1, 2020, No. 1937, author: Cao Yan

The passing of the "Telecom Law" in 1996 as a sign,The United States has opened the relevant legislative process of network integration in the communication field。After more than 20 years of development,The United States has established a relatively complete legal and institutional system in this field。Not only define the legal principles related to the network integration,and many legislative practice activities have been carried out to achieve specificization of these principles,and provide a series of operable rules。

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Asymmetric supervision refers to the difference in communication operators in different market conditions,Perform stricter supervision of communication operators in the market in the market,And the protection of tilt protection in legal obligations to operators in the weak position,to achieve the purpose of promoting fair competition in related markets。

Considering the monopoly position of local telecommunications operators in the local call service market,The US "Telecom Law" requires local lead operators to undertake additional interconnection obligations。Including a goodwill negotiation with the requestant of the interconnected service service; providing interconnected services to the request party; providing the request party with non -discriminatory access to non -binding -based network elements; When interconnected service,It should be announced to the request party; leading operators should provide the request party with a physical address in the case of technology and space permit。

But in subsequent practice,Some leading operators Bet365 lotto review in the United States to avoid interconnection obligations,Make some behaviors that may cause related negotiations。In view of this,The Federal Communications Commission issued a binding instruction in 2003,It is forbidden to lead operators to make the following behaviors: (1) Requires the interconnected service request to sign a confidentiality agreement; (2) Request to the outside world to confirm that the interconnection agreement complies with all relevant provisions of federal law; As the relevant legal amendments are revised and the interconnected agreement is promised to change accordingly; (4) deliberately hinders、Disposal negotiations and dispute resolution; (5) refusal to assign negotiating representatives authorized in negotiations and can make effective legal acts; (6) misleading or forced the request party to sign an interconnection agreement; Interoperable technology and cost information。The above instructions help provide stricter supervision to the leading operator,Let the relevant parties be in a more equal position in interconnected negotiations。

The United States still establishes the principle of non -discrimination in relevant legislation。According to its requirements,Leading operators should provide various non -discriminatory access services to the interconnected service request,And the quality of such non -discriminatory access services should not be lower than the services provided by the leading operator to themselves; when the lead operator provides services to themselves,In the interconnection and mutual rate、Conditions and service quality, etc.,Can't get more favorable conditions than other request parties when providing the same service。

To protect non -leading operators,Make it avoid discrimination,U.S. Law Requirements to lead operators Bet365 app download to disclose all the interconnection agreements signed。But in practice,Some interconnected service requests will use the sample samples of the interconnection and interconnection agreement with the lead operator,Individual terms involved in the agreement、Service types or network elements, etc.,Delete those clauses that are not good for yourself,Keep favorable clauses。Selective applicable agreement clause allows leading operators to be in a weak position in negotiations,It violates the original intention of establishing the principle of non -discrimination。Therefore,In 2004, the Federal Communications Commission proposed the "All or Nothing" principle to make up for the loopholes。This principle refers to the interconnection and interoperability service request that the lead operator has signed with other operators and approved by the public institutional committee of various states,But the adoption of the agreement must be the overall。

  Principles of Transparent and Non -Bind: Strengthen supervision and meet market demand

To provide a legislative basis for the realization of the information disclosure system、Enhance the confidence of investors in regulatory procedures and market justice、Speed ​​up market open progress and other purposes,The United States has also established the principle of transparency,It is stipulated that all interconnection agreements shall be submitted to the State Public Institutional Committee for approval; the lead operator shall submit a statement at the same time,The provisions of the interconnection agreements meet the relevant regulations of the Telecommunications Law。The State Public Institutional Committee must disclose the content of the agreement and the statement of the lead operator within 10 days after the approval of the interconnection bet365 best casino games agreement。,Leading operators should also openly interconnect and interoperate negotiation procedures。Publicly disclosed related procedures and information,It can make the regulatory authorities discover the improper terms in the agreement with a lower regulatory cost,The benchmark conditions and good business practice that helps to form interconnection。

US law also determined the principle of non -binding。It refers to the network element access service provided by the lead operator.。In the communication industry,Non -binding network elements refer to the functions and functions that support network transmission in a single rather than multiple binding forms。The US "Telecom Law" will provide access services for non -binding network elements as one of the additional obligations leading operators,It is required to lead operators to provide non -bundling access to network elements based on cost prices,At the same time, the seven types of non -binding network elements are listed at the same time as the minimum standard。

In order to meet the needs of the request party of the interconnection service,Solving the requirements of the non -binding principles in the Telecommunications Law,At the same time, for the consideration of promoting competition,between 2005 and 2013,The Federal Communications Commission has further extended and refined the principle of non -binding in the form of instructions。First,On the problem of non -discriminatory access to non -binding elements,The Federal Communications Commission requires the lead operator to provide all the non -binding elements and access services to all requestists with the same quality and conditions,and the service quality should not be at least lower than that of the leading operator provided to them、Services of subsidiaries or branches。Next,On the bet365 live casino games use of non -binding elements,It is required that the lead operator cannot restrict the request party in the purchase and use of non -binding elements。During the contract period。Leading operators shall allow the request party to combine the non -binding network elements provided with and the request party's own network elements。Under the condition of technical feasibility,This leading operator shall provide necessary ways to support and realize the combination of various types of network elements in accordance with the request of the request party。Last,In terms of identification standards for non -binding elements,The Federal Communications Commission has made different regulations on patented and non -specialized network elements。If it determines that a patented network element that dominates the operator,It is the only choice for the request party to provide corresponding communication services,No other alternative solution,Then the Federal Communications Commission can require the leading operator to provide the network element in a non -binding form; for non -specialized network elements,If the US Federal Communications Commission determines that the lack of this element will hinder the request party provides corresponding communication services in the downstream market,may increase the operating cost of the request party,and this element can only be obtained from leading operators,No other alternative solution,So you can ask the lead operator to provide this element。

Under the requirements of non -binding principles,Leading operators must fully classify their network equipment and pricing,enable the request party to select the required network devices or functions in accordance with their actual needs,No need to pay for network devices or functions that have nothing to do with the communication services Bet365 lotto review provided by it。The implementation of the principle of non -binding reduces the unnecessary expenditure of the request party,Save cost,Promoting competition in the communication market,Added social benefits。

  Failure to fully promote the enterprise to innovate

U.S. Using the communications industry laws and regulations on asymmetric supervision、non -discrimination、The principles of legal principles such as transparent and non -binding have been carried out.,The main purpose is to protect the interconnected service requesting partner through legislation,to break the monopoly,Promoting competition。But the development of practical activities is not always based on the wishes of the legislators。Since the 21st century,Some large -scale communication companies in the United States have experienced problems in operations,This is related to some extent related to the provisions of the excessive tendency to protect the request party in related laws in the United States。

other,The principle of non -binding makes the interconnect service request enters the relevant market at a lower cost,and obtained considerable expected profits。On the surface, this promotes competition,But in practice, the request party is more willing to use rules,By providing existing business profit,but unwilling to innovate in technology or service。After 2004,A large number of such companies go bankrupt,The Federal Communications Commission tends to use the principle of non -binding to create greater potential spreads to save them。From the perspective of practice,The current legislation related to non -binding principles does not cultivate meaningful market competition。I think,To make up for the above shortcomings,It should be used more non -binding principles to technology and business innovation。

(Author Unit: School of Law, Zhejiang University Bet365 app download of Finance and Economics)

Editor in charge: Cui Cen
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