Chương V Luật Viễn thông 2023: Kết nối và chia sẻ cơ sở hạ tầng viễn thông

Chapter V

CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE

Article 44. Principles of telecommunications connection

1. Telecommunications enterprises may connect their telecommunications networks to telecommunications networks and services of other telecommunications enterprises and shall allow other telecommunications enterprises to be connected to their telecommunications networks and services.

2. The connection of telecommunications networks and services shall adhere to the following principles:

a) Ensuring equality, rationality and guarantee for rights and interests of involved parties by negotiation;

b) Efficiently using telecommunications resources and infrastructure;

c) Satisfying technical requirements for the telecommunications connection and ensuing safety and uniformity of telecommunications networks;

d) Protecting legitimate rights and interests of telecommunications service users and relevant organizations and individuals.

Article 45. Connection to public telecommunications networks

1. When connecting to a public telecommunications network, a service provider with network infrastructure shall:

a) Provide connection at any point which is technically feasible on its public telecommunications network;

b) Ensure prompt, rational, public and transparent connection;

c) Ensure non-discrimination on the grounds of service prices, telecommunications technical regulations and standards and quality of telecommunications network and services.

2. When connecting to a public telecommunications network, a telecommunications enterprise owning essential devices shall:

a) Facilitate negotiation and connection by other telecommunications enterprises;

b) Carry out establishment and registration with a state regulatory authority in charge of telecommunications, and publish a standard-form connection agreement;

c) Comply with regulations in Clause 1 of this Article.

3. Telecommunications connection service prices shall be set on the basis of price determinants, and rationally divided according to network components or service stages, regardless of service types.

4. The Minister of Information and Communications shall provide for criteria for identification and announcement about the list of telecommunications enterprises owning essential devices from time to time; and issue regulations on the connection of public telecommunications networks, negotiation and resolution of connection disputes among telecommunications enterprises.

Article 46. Connection to private telecommunications networks

1. Private telecommunications networks may be connected to public telecommunications networks on the basis of satisfaction of technical standards and regulations of these public telecommunications networks and compliance with regulations of this Law on connection to public telecommunications networks.

2. Private telecommunications networks shall be connected to public telecommunications networks according to written connection contracts signed by telecommunications enterprises and organizations having private telecommunications networks.

3. Private telecommunications networks may not be directly connected unless they obtain written approval from the Ministry of Information and Communications.

Article 47. Sharing of telecommunications infrastructure

1. Sharing of telecommunications infrastructure mean common use of a portion of telecommunications networks, works and devices. To be specific:

a) Telecommunications enterprises share telecommunications infrastructure with each other to facilitate the establishment of telecommunications networks and the effective, convenient, and rapid provision of telecommunications services or ensure the compliance with landscape and environmental protection requirements and relevant plannings; and serve public-utility telecommunications activities, search and rescue operations, salvage missions, and prevention and control of natural disasters, fires, epidemics and diseases and other calamities;

b) Telecommunications enterprises share telecommunications infrastructure with authorities and organizations directly responsible for national defense and security to ensure the fulfillment of requirements for national defense and security tasks, search and rescue operations, salvage missions, and prevention and control of natural disasters, fires, epidemics and diseases, and other disasters.

2. The telecommunications infrastructure shall be shared under contracts on the basis of protection of legitimate rights and interests of relevant parties.

3. If the parties cannot agree on the price of shared telecommunications infrastructure, negotiation shall be conducted in accordance with regulations of the law on prices.

If the parties cannot agree on other contents of sharing of telecommunications infrastructure, the competent state agency will make decision.

4. The Government shall elaborate sharing of telecommunications infrastructure.