Ministry of Information Industry, Handling of Disputes Over the Interconnection of Telecommunications Networks Measures

Promulgated: 19 November 2001
Effective: 1 January 2002
Applicability: These Procedures apply to disputes between basic telecommunications carriers and between these carriers and their dedicated network users in respect of or arising from interconnection technology, interconnection-related network functions, restriction on interconnection time, telecommunications quality, charges relating to interconnection and other interconnection disputes that the Ministry of Information Industry requires to be handled pursuant to these Procedures (Article 2).

Main contents: According to the Procedures, interconnection disputes between national basic telecommunications carriers and those between such carriers and cross-province dedicated network users shall be handled by the Ministry of Information Industry, and lower level disputes shall be handled by provincial level telecommunications administrations (Article 3). In the event of an interconnection dispute, the parties shall endeavour to resolve it through mutual consultation (Article 6). If the dispute cannot be resolved through mutual consultation, either party may apply to the relevant telecommunications authority for mediation (a copy of the mediation application is attached to the Procedures) (Article 7). If the application is accepted, the relevant telecommunications authority will hear the claims of each party and issue a mediation opinion at the end of the mediation process (a copy of the form for a mediation opinion is attached to the Procedures) (Articles 9 and 10). If the mediation fails to bring the parties to an agreement, the telecommunications authority shall organize a public hearing with the participation of relevant technical, economic and legal experts (Article 11). On the basis of the expert opinion provided after the hearing and the mediation opinion issued before the hearing, the telecommunications authority will make an administrative decision. This decision must be complied with by the disputing parties even during the period when a dissatisfied party is applying for an administrative review of the decision (Articles 15, 17 and 18).

Related legislation: PRC, Telecommunications Regulations, Sep 25 2000, CLP 2000 No.9 p28