关于进一步加强电信业务市场管理意见的通知

国发（1993）55号
（August 3， 1993）
颁布日期：19930803 　实施日期：19930803 　颁布单位：国务院

　　The State Council has endorsed¹ the “Views on Further Enhancing Telecom Service Market Management” by the Ministry² of Posts and Telecommunications， which is hereby transmitted to you for conscientious³ implementation⁴.

　　VIEWS ON FURTHER ENHANCING TELECOM SERVICE MARKET MANAGEMENT

　　To adapt to the needs of reform， openness and socialist⁵ modernization⁶ drive， facilitate and serve the central task of economic construction， the Ministry of Posts and Telecommunications （MPT） must work hard to build a unified⁷， complete and advanced national communications network， while fully⁸ tapping the potential of all the dedicated⁹ networks and bringing into play the initiative of all sectors¹¹， in an effort to expedite the development of communications.

　　China has in recent years opened to public some of the telecom services which include radio paging， 800 MHz trunking telephone service， 450 MHz radio mobile communications， domestic VSAT communications， telephone information service， computer information service， E-mail， electronic data interchange， video tex and other telecom services approved by the State Council or the MPT.

　　It is necessary to enhance the management over the market of the telecom services opened to competitive operation， in order to safeguard the normal order of communications， ensure the communications security and service quality of the state and users and create an environment of fair competition. For this purpose， the following views are proposed：

　　1. Application and operation license¹² systems shall be introduced for the deregulated telecom services. All the applications for services operated within provinces， autonomous¹³ regions and municipalities directly under the Central Government shall be handled and approved by the local P T administrations which will verify and issue operation licenses¹⁴ and enter them into the records of the MPT. The MPT is responsible for the application handling and approval as well as license issuance for the inter-provincial operations， inter-autonomous regional， inter-municipality operations directly under the Central Government. No institutions and individuals are permitted to operate the above services on their own without verification and authorization¹⁵. The MPT will formulate¹⁶ and promulgate¹⁷ detailed¹⁸ regulations governing the enforcement of the application and operation license systems in accordance with the above views. The institutions already engaged in the operations of the above-mentioned services shall retroactively go through relevant formalities as stipulated¹⁹.

　　2. The institutions applying for the operation of radio communications services shall apply to the MPT or the local P T administrations within the terms of reference whichever is appropriate as stipulated， for the operation licenses with which they will obtain the frequencies from the radio administrations before the start of operation.

　　3. Not permitted to establish regional blockade， the departments and institutions with permission to operate above services shall abide²⁰ by the state policies and regulations on communications and be subject to the sector¹⁰ management， supervision²¹ and examination exercised by the state communications administration to ensure service quality. They should strictly²² follow the state tariff²³ policies and relevant standard on charges， pay taxes according to law and safeguard the legitimate²⁴ rights and interests of the users. Their operations shall not impede²⁵ the normal operations of the state public telecom networks and communications construction， nor shall they hamper²⁶ the normal operations of other dedicated communications networks.

　　4. The state communications administration shall create an environment of fair competition between the P T enterprises and other enterprises also engaged in communications services. Following the principle of use on a paid and mutually beneficial and reciprocal basis， the P T enterprises at all levels should cooperate with each other in the light of supply and demand， providing the institutions with telecom service operation licenses approved and issued by the state communications administration with the basic trunking equipment， lines， etc. necessary for service provision， in a bid to ensure that they supply good telecom services to society at large.

　　5. Foreign enterprises are not allowed to operate or participate in the operation of communications services within China. No organizations， enterprises and individuals outside China nor the enterprises operating solely²⁷ with foreign investment， Sino-foreign joint²⁸ ventures and cooperative enterprises inside China are permitted to operate and participate in the operation of wired and wireless²⁹ communications services on the public and dedicated communications networks within China. Neither shall foreign capital be introduced in any way into the operation on a shareholding³⁰ basis.

　　6. Supervision and inspection³¹ shall be conducted by the MPT and the P T administrations of all provinces， autonomous regions and municipalities directly under the Central Government. The P T enterprises and other telecom service operators which violate the above regulations shall be given such punishment as a warning， a notice of criticism， a deadline to correct the wrong doing， an order to suspend operation， confiscation³² of the income from illegal operations， an administrative³³ fine and finally revocation³⁴ of operation licenses. The P T administrations at all levels are by no means allowed to take advantage of the right of license issuance for private gains and back-door dealings which will result in stern punishment once discovered.