Chương VI Luật viễn thông năm 2009: Kết nối và chia sẻ cơ sở hạ tầng viễn thông

Chapter VI

CONNECTION AND SHARING OF TELECOMMUNICATIONS INFRASTRUCTURE

Article 42. Principles for telecommunications connection

1. Telecommunications businesses may connect their telecommunications networks to telecommunications networks or services of other telecommunications businesses and shall let other telecommunications businesses be connected to their telecommunications networks and services.

2. The connection of telecommunications networks and services shall be conducted on the following principles:

a/ Connection is based on negotiations to ensure equality, rationality and guarantee for rights and interests of involved parties;

b/ Efficient use of telecommunications resources and infrastructure;

c/ .Satisfaction of technical requirements of the telecommunications connection and safety and uniformity of telecommunications networks;

d/ Assurance of legitimate rights and interests of telecommunications service users and relevant organizations and individuals.

Article 43. Connection to public telecom­munications networks

1. When connecting to public telecommunications networks, service providers with network
infrastructure shall:

a/ Provide connection at any point which is technically feasible on their telecommunications networks;

b/ Ensure timely, rational, public and transparent connection:

c/ Refrain from practicing the discriminatory treatment in terms of charge rates, telecom­munications technical standards and regulations, telecommunications network and service quality.

2. When connecting to public telecommunications networks, telecommunications
businesses possessing essential devices shall:

a/Create favorable conditions for negotiation on and performance of connection by other telecommunications businesses;

b/ Establish, register with the specialized management agency in charge of telecommuni­cations, and publicize model connection agreements;

c/ Comply with Clause 1 of this Article.

3. Telecommunications connection charge rates shall be set on the basis of connection costs, rationally divided to network components or service stages, regardless of service types.

4. The Ministry of Information and Communications shall specify procedures for signing and implementation of agreements on connection of public telecommunications networks: assume the prime responsibility for consultation and settlement of connection disputes between telecommunications businesses.

Article 44. Connection of exclusive-use telecommunications networks

1. Exclusive-use telecommunications networks may connect to public telecommunications networks if satisfying technical standards and regulations of these public telecommunications networks and complying with regulations on connection of exclusive-use telecommunications networks to public ones.

The connection between exclusive-use and public telecommunications networks shall be conducted under written connection contracts between telecommunications businesses and organizations having exclusive-use telecommunications networks.

3. Exclusive-use telecommunications networks may not be directly interconnected, unless they obtain a written approval of the specialized management agency in charge of telecommunications.

4. The Ministry of Information and Communications shall specify the connection of exclusive-use telecommunications networks to public ones.

Article 45. Sharing of telecommunications infrastructure

1. The sharing of telecommunications infrastructure means the common use of part of a telecommunications network, work or equipment by telecommunications businesses in order to establish a telecommunications network and provision of telecommunications services in an effective, convenient and quick manner or satisfy requirements on landscape, environment and urban planning.

2. The sharing of telecommunications infrastructure shall be effected under contracts on the basis of guaranteeing legitimate rights and interests of telecommunications businesses.

3. The specialized management agency in charge of telecommunications shall decide on the sharing of telecommunications infrastructure in the following cases:

a/ Common use of essential devices in case telecommunications businesses fail to reach an agreement;

b/ Common use of inactive telecommuni­cations technical infrastructure to satisfy requirements on landscape, environment and urban planning;

c/ Common use of telecommunications infrastructure in service of public-utility telecommunications activities.

4. The Ministry of Information and Communications shall specify the sharing of telecommunications infrastructure.