Article 2 These Provisions shall apply to the interconnection between People's Republic of China (PRC) and domestic operators engaged in basic telecommunications services in the following telecommunications networks:
(1) fixed local telephone network;
(2) domestic long-distance telephone network;
(3) International telephone network;
(4) IP telephone network;
(5) terrestrial cellular mobile communication network;
(6) Satellite mobile communication network;
(7) Internet backbone network;
(8) Other telecommunication networks as stipulated by the Ministry of Industry and Information Technology.
Article 3 The interconnection between telecommunication networks shall follow the principles of technical feasibility, economic rationality, fairness and justice, and mutual cooperation.
Article 4 The Ministry of Industry and Information Technology and the communications administrations of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the telecommunications authorities) are the competent authorities for interconnection between telecommunications networks. The Ministry of Industry and Information Technology is responsible for the implementation of these Provisions nationwide; The communications administrations of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the implementation of these Provisions within their respective administrative areas.
Article 5 The meanings of the following terms in these Provisions are:
(1) Interconnection refers to the establishment of effective communication connections between telecommunication networks, so that users of one telecommunication service provider can communicate with users of another telecommunication service provider or use various telecommunication services of another telecommunication service provider. Interconnection includes the way that two telecommunication networks are directly connected to realize business interoperability, and the way that two telecommunication networks realize business interoperability through the network transfer of a third party.
(2) Interconnection point refers to the physical interface point when two telecommunication networks are directly connected.
(3) The dominant telecom operators refer to those who control the necessary basic telecom facilities, and their local fixed telephone services account for more than 50% of the market share of similar services in the local network, which can substantially influence other telecom operators to enter the telecom service market.
(4) Non-dominant telecom operators refer to telecom operators other than dominant telecom operators. Article 6 Telecommunication business operators shall set up interconnection organizations to be responsible for interconnection. Interconnected institutions shall establish a normal working contact system to ensure the smooth working channels between telecom operators and telecommunications authorities and between telecom operators.
Article 7 Major telecom operators shall formulate interconnection rules, including interconnection procedures, time limit, number of interconnection points, office addresses of switches used for interconnection between networks, directories and fees provided or rented by unbound network elements, etc. According to these regulations. Interconnection regulations shall be implemented after approval by the Ministry of Industry and Information Technology. Interconnection rules are binding on the interconnection activities of major telecom operators.
Article 8 A telecom operator shall not refuse the interconnection requirements put forward by other telecom operators, and shall not arbitrarily restrict users from choosing telecom services provided by other telecom operators according to law in violation of relevant state regulations.
Article 9 Leading telecom operators are obliged to provide network function information (including network organization, signaling mode, billing mode, synchronization mode, etc.) to non-leading telecom operators. ) and equipment configuration (optical transceiver, switch, etc. ) Information on the use of communication facilities related to interconnection, such as pipes (holes), poles, cable inlets and slots, optical cables (optical fibers), bandwidth and circuits. Non-dominant telecom operators are obliged to provide leading telecom operators with planning and planning information on network functions and equipment configuration related to interconnection. Both parties shall keep the information provided by the other party confidential and shall not use the information to engage in activities unrelated to interconnection.
Article 10 Where the telecommunication networks of non-dominant telecommunication operators are interconnected with those of leading telecommunication operators, and the interconnected transmission lines must pass through communication facilities such as pipelines (holes), pole roads, cable inlets, trunking, etc. of leading telecommunication operators, the leading telecommunication operators shall provide cooperation and use, and shall not attach any unreasonable conditions.
If the telecommunication networks of two non-dominant telecommunication operators are directly connected, and the interconnection transmission lines must pass through the communication facilities such as the building, pipe (hole), pole road, cable inlet and channel of the leading telecommunication operators, the leading telecommunication operators shall cooperate with each other and shall not attach any unreasonable conditions.
If the communication facilities of the leading telecom operators listed in the preceding paragraph are confirmed by the communication administrations of provinces, autonomous regions and municipalities directly under the Central Government to be unusable, the non-leading telecom operators can solve the problem of interconnection transmission lines by overhead and direct burial.
Eleventh leading telecom operators should provide interconnection within the prescribed interconnection time limit, and non-leading telecom operators should implement interconnection within the prescribed interconnection time limit. Neither party shall unreasonably delay the interconnection time.
Article 12 Telecommunication business operators shall implement the relevant technical specifications and regulations for interconnection between networks formulated by the Ministry of Industry and Information Technology.
The quality of inter-network communication should meet the relevant national standards. Telecom business operators shall ensure that the communication quality between networks is not lower than that of similar services within their networks.
Article 13 At the request of the non-dominant telecom operators, the leading telecom operators shall provide telephone number inquiry service to the users of the other network. After consultation between the two parties, they can inquire the searchable user numbers of the other network according to the number inquiry rules. Non-dominant telecom operators should provide the other party with the searchable user number information of this network according to the directory search rules.
At the request of non-dominant telecom operators, leading telecom operators should provide emergency special services such as fire alarm, Fei Jing, medical first aid, traffic accident alarm, etc. to other network users. Non-dominant telecom business operators shall conduct daily dialing tests for emergency special services. Both parties shall guarantee the communication quality of emergency special services.
Article 14 All kinds of telecommunication service access numbers (including short numbers), other special service numbers (including service numbers used by telecommunication service operators, government official service numbers and social service service numbers) and intelligent service numbers opened by telecommunication service operators to this network shall be opened to the other network in time at the request of one party, and the communication quality shall be guaranteed.
Article 15 If the telecommunication networks of two non-dominant telecommunication operators are directly interconnected, it shall be settled by both parties through consultation.
If the telecommunication networks of two non-dominant telecommunication operators are not directly interconnected, their inter-network services shall be exchanged through the fixed local telephone network of a third party or the network transfer of an institution designated by the Ministry of Industry and Information Technology. When a non-dominant telecom operator chooses the fixed local telephone network of the dominant telecom operator as the third party network, the dominant telecom operator shall not refuse to provide the transfer, and shall ensure the communication quality of the transfer. Article 16 When the telecommunication network of a non-dominant telecommunication service operator is interconnected with that of a dominant telecommunication service operator, the interconnection point shall be set at one end of the interconnection transmission line, that is, the end far away from the equipment on the side of the non-dominant telecommunication service operator (if the interconnection transmission line is an optical cable, the interconnection point shall be set outside the optical distribution frame of the dominant telecommunication service operator).
When the telecommunication networks of two non-dominant telecommunication operators are directly interconnected, the specific location of the interconnection point shall be determined by both parties through consultation.
Article 17 The number of interconnection points shall be determined through consultation according to the business development of both parties and the security of inter-network communication. In principle, there should be more than two interconnection points between telecommunication networks in the local network.
The telecommunication equipment on both sides of the interconnection point can be used by each telecommunication network, or can be set separately by each telecommunication network. When telecommunication equipment on both sides of the interconnection point is used by telecommunication networks, if the settlement standards between telecommunication networks are inconsistent, and it is not convenient for both parties to use technical means for billing verification, interconnection relay circuits can be set up in groups.
Article 18 Where the telecommunication networks of non-dominant telecommunication operators are interconnected with those of leading telecommunication operators, the interconnected transmission lines and pipelines shall be borne by both parties in half.
Where the telecommunication networks of two non-dominant telecommunication operators are directly interconnected, the cost sharing of interconnected transmission lines shall be determined by both parties through consultation.
Nineteenth telecommunications equipment on both sides of the interconnection point (including the telecommunications equipment of this network, the same below) construction, expansion and transformation costs (including signaling methods, office data modification, software version upgrade, etc.). ) shall be borne by both parties respectively.
The expenses of supporting facilities for telecommunication equipment on both sides of the interconnection point (including equipment room, air conditioner, power supply, test instruments, billing equipment and other supporting facilities) shall be borne by both parties.
Article 20 Where the interconnection transmission line passes through the communication facilities such as pipelines (holes), pole roads, cable inlets, trunking, etc. of the leading telecommunication business operators, the leading telecommunication business operators shall collect the rental fees according to the prescribed standards. If there is no standard for the time being, the relevant expenses shall be settled by both parties through consultation according to the project cost.
Twenty-first telecom operators should implement the "Measures for Telephone Settlement between Telecommunications Networks" in interconnection, and shall not charge extra fees beyond the prescribed standards.
Telecom business operators shall conduct inter-network settlement according to the settlement period agreed in the interconnection agreement, and shall not delay the fees that should be settled with the other party without reason.
Article 22 Telecom operators shall calculate the income and expenditure related to the interconnection cost of this network in accordance with the relevant provisions of the state, and report the data of the previous year to the Ministry of Industry and Information Technology before March 3 1 every year after being audited by relevant intermediaries.
Internet settlement standards should be approved on the basis of cost. Before the interconnection cost of telecom operators is determined, the inter-network settlement standard is temporarily approved on the basis of tariffs. Twenty-third telecommunications business operators at or above the provincial level shall sign (including revision) interconnection agreements. Telecom operators and institutions below the provincial level will no longer sign separate interconnection agreements. The two parties to the interconnection shall negotiate the interconnection agreement on the principle of friendly cooperation and mutual cooperation.
Article 24 The main contents of the interconnection negotiation include: the basis for signing the agreement, the progress of the interconnection project, the interconnection business, and the interconnection technical scheme (including interconnection point setting, equipment setting at both sides of the interconnection point, dialing mode, routing organization, relay capacity, signaling, billing, synchronization, transmission quality, etc.). ), the provision of network functions and communication facilities related to interconnection, the configuration of interconnection related equipment, the allocation of interconnection costs, and the network management after interconnection (including the maintenance scope of interconnection parties, the mutual notification system of inter-network communication quality, the handling system of inter-network communication obstacles, the reporting system of major obstacles in inter-network communication, and the emergency plan of inter-network communication, etc.). ), inter-network settlement, liability for breach of contract, etc.
Twenty-fifth interconnection institutions at or above the provincial level shall sign interconnection agreements in accordance with the People's Republic of China (PRC) Contract Law and the relevant provisions of the state, and the interconnection agreements shall not contain discriminatory contents or harm the interests of third parties.
Article 26 Interconnected institutions at or above the provincial level shall, within/0/5 days from the date of signing the agreement, send the agreement to their respective affiliated institutions and submit it to the competent telecommunications authorities.
Twenty-seventh interconnection parties shall, within the prescribed interconnection time limit, organize construction within their respective construction scope according to the agreed interconnection project schedule and interconnection technical scheme, and cooperate with each other to organize interconnection tests. After all the projects have passed the preliminary examination, they can start business. Article 28 When interconnection between networks is implemented simultaneously in the whole country (across provinces, autonomous regions and municipalities directly under the Central Government), non-leading telecom operators shall personally submit written interconnection requirements to leading telecom operators according to the progress of this network project or the operation of the network, and start interconnection work after being filed by the Ministry of Industry and Information Technology.
Both parties to the interconnection shall sign an interconnection agreement within two months from the date of interconnection.
Where it is necessary to set up a new interconnection point for interconnection between networks involved in the simultaneous implementation of the whole country, the business shall be opened within seven months from the date of interconnection.
The interconnection between networks involved in the simultaneous implementation of the whole country does not need to set up new interconnection points, but only needs to expand and transform the network, and start business within four months from the date of interconnection.
Internet interconnection involving national synchronization only involves local data modification, and shall be opened within two months from the date of interconnection.
When necessary, the Ministry of Industry and Information Technology puts forward specific business opening time requirements for interconnection between networks involving national synchronization.
Article 29 If the national interconnection is not involved, the non-leading telecom operators at or above the provincial level shall personally submit a written request for interconnection to the leading telecom operators at the provincial level according to the progress of this network project or the operation of the network, and file it with the communication administrations of provinces, autonomous regions and municipalities directly under the Central Government, and the interconnection work will be started. Provincial institutions leading telecom business operators shall not refuse written interconnection requests submitted by the other party.
The interconnection parties shall sign an engineering agreement before the implementation of the interconnection project, and the signing of the engineering agreement shall not affect the progress of the whole interconnection project. Both parties shall sign an agreement on inter-network business interoperability, network management and inter-network settlement after interconnection before the business is opened. The negotiation of the agreement can be carried out simultaneously with the implementation of the project.
Internet interconnection needs to add new interconnection points, and the business shall be opened within seven months from the date of interconnection.
Internet interconnection does not need to set up new interconnection points, but only needs network expansion and transformation, and it will be opened within four months from the date of interconnection.
Internet interconnection only involves the modification of office data, and shall be opened within one month from the date of interconnection.
When necessary, the communication administrations of provinces, autonomous regions and municipalities directly under the Central Government shall put forward specific business opening time requirements for interconnection between networks.
Article 30 In the implementation of interconnection, if interconnection cannot be completed within the specified interconnection time limit due to objective reasons, the interconnection time can be extended after the consent of both interconnection parties and filing with the competent telecommunications department.
Thirty-first interconnection parties shall, within 30 days after the opening of business, report in writing to the competent telecommunications department the interconnection start date, the opening date of business and the quality of inter-network communication within 3 days after the opening of business. The competent telecommunications department shall, according to the specific circumstances, publish it in an appropriate way.
Thirty-second telecommunications authorities shall regularly or irregularly convene interconnection coordination meetings of relevant telecommunications business operators to urge and solve the problems existing in the implementation of interconnection.
The Telecommunications Administration of the Ministry of Industry and Information Technology shall inform the communication administrations of provinces, autonomous regions and municipalities directly under the Central Government and relevant telecommunications business operators of the interconnection work. Article 33 Internet interconnection shall be implemented at the address of the exchange office determined by the Ministry of Industry and Information Technology, and the interconnection points shall remain relatively stable, and the existing interconnection points shall not be changed in principle.
Where the leading telecom business operator unilaterally requests to change the existing interconnection point, it shall submit the proposed change plan to the relevant telecom business operator in advance, and the transformation project can be started only after consultation with the other party. The renovation project should be completed within seven months. In principle, the cost of the renovation project shall be borne by the leading telecom operators.
Thirty-fourth network expansion and transformation may affect the communication of the other network users, and the interconnected party shall notify the other party in writing three months in advance.
If the adjustment of routing organization, relay circuit, signaling mode, office data and software version in the network may affect the communication of users in the other network, the interconnected party shall notify the other party in writing 15 days in advance.
Thirty-fifth telecom operators should cooperate in the adjustment of inter-network routing organization, relay circuit, signaling mode, office data and software version. To ensure that the quality of inter-network communication meets the requirements.
Thirty-sixth telecom operators should clarify the responsibility of inter-network operation and maintenance, regularly analyze the quality of inter-network communication, establish a system of mutual notification of inter-network communication quality, and report to the competent telecommunications authorities regularly. The competent telecommunications department shall organize a communication quality coordination meeting according to the specific circumstances.
Thirty-seventh telecom operators should establish a system to deal with communication obstacles between networks. When an interconnected party discovers the communication obstacle between networks, it shall notify the other party in time, and both parties shall cooperate to deal with the communication obstacle between networks. The time limit for dealing with communication obstacles between networks is the same as that for dealing with similar obstacles in this network.
Thirty-eighth telecom operators should ensure the smooth communication between networks and shall not interrupt the interconnection without authorization. Telecom business operators shall establish a reporting system for major obstacles in inter-network communication. When the inter-network communication is interrupted or seriously blocked, the telecom business operator shall immediately take effective measures to restore communication and report to the competent telecommunications department in time.
The serious bad communication between networks mentioned in the preceding paragraph means that the connection rate between networks (call answering ratio) is less than 20%, and users have obvious perceptual delay, call disconnection and noise. Article 39 The competent telecommunications authorities shall solve the interconnection disputes between telecommunications operators in accordance with the Measures for Solving the Disputes over Interconnection between Telecommunications Networks formulated by the Ministry of Industry and Information Technology.
Article 40 In the process of interconnection, any party may apply to the competent telecommunications authority for coordination after the following disputes occur between telecom operators, which make interconnection impossible or interconnection impossible:
(1) Interconnection technical scheme;
(2) Providing network functions and communication facilities related to interconnection;
(3) interconnection time limit;
(4) Providing telecommunication services;
(5) Quality of inter-network communication;
(6) Costs related to interconnection;
(seven) other issues that need coordination.
Article 41 After receiving the application for coordination, the competent telecommunications department shall conduct a preliminary examination of the application. After examination, it is found that the application content obviously does not conform to the relevant provisions of the state or exceeds the responsibilities and authority of the competent telecommunications department, and it shall be rejected in writing. After examination, the application content meets the requirements, and the competent telecommunications department officially began to coordinate the work.
Forty-second telecommunications authorities organize relevant personnel to coordinate the interconnection disputes of telecommunications business operators.
Coordination shall be completed within 45 days from the date of coordination.
Forty-third after the end of the coordination, the two parties to the dispute can not reach an agreement, the telecommunications authorities should randomly invite experts in telecommunications technology, economy, law and other aspects to conduct public demonstrations. The competent telecommunications department shall make a decision on the interconnection dispute according to the argumentation opinions or suggestions, and force both parties to the dispute to implement it.
Forty-fourth decisions shall be made within 45 days from the date of completion of coordination. Decisions made by communication administrations of provinces, autonomous regions and municipalities directly under the Central Government shall be filed with the Ministry of Industry and Information Technology. The decision made by the competent telecommunications department shall be announced to the public in an appropriate way.
Article 45 After an award is made, both parties to the dispute shall implement it within the time limit specified in the award.
If one or both parties to the dispute are dissatisfied with the decision, they may apply for administrative reconsideration or bring an administrative lawsuit according to law. During the period of reconsideration or litigation, it is decided not to stop execution. Article 46 Whoever violates the provisions of Article 9, Article 10, Article 11, Article 12, Paragraph 1, Article 13, Article 14, Article 15, Article 21, Paragraph 2, Article 33, Article 35, Article 36 and Article 37 of these Provisions shall be ordered by the competent telecommunications authorities to make corrections according to their functions and powers, and be fined between 5,000 yuan and 30,000 yuan.
Anyone who violates the provisions of the preceding paragraph and causes direct economic losses to other telecom operators shall be given economic compensation.
Forty-seventh in violation of the provisions of article eighth, the second paragraph of article twelfth, the provisions of article forty-fifth, the telecommunications authorities shall be ordered to make corrections according to their functions and powers, and shall be fined according to the relevant provisions of the People's Republic of China (PRC) Telecommunications Regulations.
Forty-eighth in violation of the provisions of the first paragraph of article twenty-first, the provisions of article thirty-eighth, the telecommunications authorities shall be ordered to make corrections according to their functions and powers. Illegal income, confiscate the illegal income, and impose a fine according to the relevant provisions of the "Regulations" of People's Republic of China (PRC) Telecom. Article 49 These Provisions shall come into force as of the date of promulgation. 1On September 7, 999, the Interim Provisions on the Administration of Interconnection between Telecommunications Networks issued by the Ministry of Information Industry shall be abolished at the same time.