Legislative outlook for the Telecom Law

When the first draft of the Telecom Law was circulated in 1980, there was substantial interest surrounding this would-be bedrock telecom legislation. Although never finalized in the decades since, this piece of legislation was included in the legislative plans of the Standing Committee of the National People’s Congress in 2006 and 2014. This year, the Telecom Law was included as a “project under research” in the State Counsel’s annual legislative work plan, indicating that no substantial developments have occurred.

Telecom industry regulations. Key regulations in the PRC telecom industry include the following: (1) Telecom Regulations (2000, amended in 2014), often referred to as the “mini Telecom Law”; (2) Catalogue of Classification of Telecom Services (2003, amended in 2015) – key guidance in the categorization, approval and administration of the telecom industry; (3) Administrative Provisions on Foreign-Invested Telecom Enterprises (2002, amended 2008) – fundamental provisions for the approval regime and review standards for foreign-invested telecom enterprises; and (4) Measures for the Administration of Telecom Business Licensing (2009) – regulations on the approval process and documentation requirements for telecom licences.

Many telecom industry-related issues are also dealt with through other rules and regulations, including the Measures on Settlement of Disputes on the Interconnection between Telecom Networks (2001), Telecom Services Standards (2005), Mechanism on Adjustment of Telecom Rates (2015), and Administrative Measures for the Network Access of Telecom Equipment (2001, amended 2015).

Ben Chai and Cloud Li are associates at DaHui Lawyers