Are there any regulations covering interconnection between operators? If so are these different for operators with market power?
Technology (second edition)
As regards fixed line services, TSPs with a dominant position in the market must give other providers access to their facilities (technical co-use of locations related to network access) and services. They must provide access in a transparent and non-discriminatory manner and at reasonable prices including, among other things, as regards fully unbundled access to the local loop, rebilling for fixed network local loops, interconnection, access to leased lines and cable ducts (provided they have sufficient capacity). If two providers do not agree on the access conditions, one party can request that ComCom decides. Providers of services forming part of the universal service (such as mobile and fixed line services) must ensure that communication is possible between all users of these services and networks (interoperability). The provisions for fixed line services also apply to mobile services providers. However, in practice only interconnection is relevant to mobile services, meaning that mobile services providers must ensure interoperability between each other and with providers of fixed line networks.
Dominant providers are subject to the Federal Act on Cartels and other Restraints of Competition (LCart) and the Federal Act on Price Surveillance, and may have limits imposed on their freedom to determine prices.
The Chapter 3 of the Telecommunications Regulations (2016 Revision) and the Provisions on the Management of Interconnection between Public Telecommunication Networks (2014 Revision) are the major regulations governing the interconnection between operators. China adopts the ‘asymmetric regulation’ management mode to dominant telecommunication operators and non-dominant operators. In aligning with the Telecommunications Regulations, the Provisions on the Management of Interconnection between Public Telecommunication Networks specifically provide obligations for dominant operators, such as the dominant operator shall provide the non-dominant operator with the information of network functions and equipment allocations which are related to the interconnection, and shall facilitate the non-dominant operator to use its facilities and shall not attach any unreasonable conditions, to facilitate non-dominant operators in the interconnection.