Revealing the broadband monopoly of the community: the exclusion of the agreement into a hidden rule lacks government supervision

"Looking for the property, I said that I signed an agreement with the broadband company for a while, and then said that it is a developer's problem, I can't manage it; I found the Communications Authority and said that I have already referred it to the communication quality supervision station; the mayor's hotline, the district government let us Taking the legal route..." The fact that the Mingming Community property forcibly designated the broadband business is very clear, but Ms. Yang of Shijiazhuang City, Hebei Province, encountered a dilemma in the process of complaints.

The reporter visited several new residential communities in Shijiazhuang City and found that the monopoly of residential telecommunications business is not a case. When the community is under construction, the developer signs the telecom operator to build the pipeline well wiring, and then the operator will exclusively operate the telecommunications business; after the completion of the community, the residential property will charge the “entry fee” to the telecom operators who are willing to settle in. Telecom operators that cannot meet the developer or property charging requirements can only be excluded.

Owner's choice is denied

In June 2015, Tianhai Yutianxia C District, located in Yuhua District, Shijiazhuang City, officially delivered the owner. Many owners found that after the renovation, they could not install the broadband of Telecom, China Unicom and China Mobile. The relevant installers said that The cell service prohibits them from wiring and installing ports in the cell. Shijiazhuang Tianyuan Property Management Co., Ltd., responsible for the property management of the community, told the owners that in addition to using the cable TV port to handle Hebei Radio and Television broadband, the community can only install a broadband called Shentong Kyushu.

I did not have the freedom to choose the rights of telecom operators. This made Tianhai’s owners in Area C extremely dissatisfied. They found property to discuss. Tianyuan Property said that the property company signed an agreement with Shentong Kyushu Co., Ltd., and the telecom operators that did not sign the agreement could not enter the community wiring. Then told the owner that the property was in the case of taking over the Tianhe C area in the world. The line in the pipeline wells belonged to the Shentong Kyushu company. Other telecom operators wanted to enter the community to negotiate with Shentong Kyushu, and the property had no relationship with the property. The previous statement with the Shentong Kyushu company was denied.

The relevant person in charge of a large state-owned telecom operation company Shijiazhuang Branch told reporters that broadband home wiring is generally invested by developers. In order to save construction costs, developers will sign a telecom company to let them wiring, according to who builds the benefit principle, the community Once completed, it will only allow telecommunications companies to enter. After that, the telecommunications company that wants to enter will pay the "entry fee" to the wiring company or property.

"Telecom operators do not have any technical barriers to enter the cell wiring. If there is no entry, the small cell may be due to lower profits. The large cell is completely obstructed by humans. In many cases, large telecom operators will also play the role of 'overlord'. Telecommunications business, this is the unspoken rule of this industry, and there is almost no government department supervision," the official said.

Reflecting complaints

In Tianyuan Property and Shentong Kyushu Company, they were not satisfied with the answer. The owners of Tianhai C World C Zone began to report complaints to relevant regulatory authorities, but the process of defending rights was not easy.

Ms. Yang and her neighbors first called the 12345 Mayor Hotline in Shijiazhuang for help. After waiting for a period of time, the mayor’s hotline customer service staff gave feedback, indicating that the Yuhua District Government of Shijiazhuang City responded to the broadband monopoly problem reflected by the owner of Tianhai’s C Zone, and believed that Tianyuan Property Company signed a contract with Shentong Kyushu Telecom. If there is a contract with legal effect, if the owner does not approve the contract, he can go through legal channels and can go to prosecution.

"If there is such a contract, it is also obviously suspected of improper operation of the 'overlord contract', the Yuhua District government actually admitted, which makes us particularly angry." Ms. Yang told reporters that the reply of the Yuhua District Government of Shijiazhuang City After Meng, the owners began to call the Hebei Provincial Communications Administration 12300 complaint report phone.

The Hebei Provincial Communications Administration subsequently gave a reply indicating that the problem had been referred to the Shijiazhuang Communication Engineering Quality Supervision Station, and the quality supervision station contacted Shentong Kyushu Company to verify the negotiation. However, the bureau also stressed in the reply that because of the lack of law enforcement power, their job function is negotiation rather than coercion.

Mr. Li, the owner of Shangdongcheng Community, who also complained about the monopoly of the residential area, found relevant documents to support himself. In April 2013, the Ministry of Housing and Urban-Rural Development, the Ministry of Industry and Information Technology and other departments issued the "Code for Design of Fiber-to-the-Home Communication Facilities in Residential Areas and Residential Buildings" and the "Code for Construction and Acceptance of Fiber-to-the-Home Communication Facilities in Residential Areas and Residential Buildings". The national standard stipulates that communication facilities such as communication pipes, optical fibers and equipment rooms involved in newly built residential areas and residential buildings shall meet the needs of sharing and use by a number of telecom operators, and guarantee the right of users to freely choose.

"The problem of broadband is more complicated. The documents you mentioned, we asked the Bureau of Industry and Information Technology, and asked the Housing and Construction Bureau. Some people said that there seems to be this document, and some said that there may be no such document." In Shijiazhuang 12345 After the Mayor’s hotline complaint, Mr. Li received such a reply.

When Mr. Li consulted the Shijiazhuang City Bureau of Industry and Information Technology and the Hebei Provincial Communications Administration on the contents of the documents, the former staff said that the documents were only issued to the Hebei Provincial Communications Administration, and no further delivery was made. Go to this file; the latter staff directly said that they don't know much.

There is a law that does not comply with law enforcement

For the monopoly of residential telecommunications services, it is not impossible to rely on.

The Regulations on the Construction and Protection of Telecommunication Facilities in Hebei Province, which came into effect on December 1, 2015, clarify that managers of urban residential quarters and qualified rural residential quarters should provide equal access to telecommunications facilities for telecommunications operators. The use conditions shall not charge related fees such as entrance fees, access fees, and usage fees; telecommunication operators shall not obstruct other telecommunication services by signing exclusive agreements with project developers, owners and managers, and users. Operators enter the area to provide services and restrict users from selecting other telecommunications access services that are legally operated.

The broadband home line is the “last mile” for residents to use the network, but due to conflicts of interest, this kilometer has not been flat. The person in charge of a telecommunications branch in Shijiazhuang said that the monopoly of telecommunications companies behind the business is the interest chain between developers, property and telecommunications companies.

Chen Jiangtao, a lawyer of Zhong Lun Wende Law Firm, believes that the monopoly of the telecommunications business in the community involves many departments such as industrial credit, housing construction, industry and commerce, and the supervisory responsibilities between the various departments are cross-cutting and separate, and it will be difficult to “consciously”. It is outside the scope of its own supervision, which is closely related to the long-standing law enforcement traditions of various departments, and is also closely related to the lack of refinement and rigidity of relevant laws and regulations.

Chen Jiangtao said that even if the developer signed a monopoly agreement with the telecom operator, with the sale of the real estate, the affiliated communication facilities of the house have been owned by the community owner, and the agreement between the developer and the telecom operator does not of course change. To the community owners.

When the reporter consulted the Hebei Provincial Communications Administration on the broadband monopoly of the community, the relevant staff of the bureau said that if it is a violation of the law of the telecommunications company, it will be punished according to relevant regulations; if it involves a property or developer, it can only adopt a joint law enforcement form. All departments jointly curbed the monopoly of residential telecommunications services.

In late May, Ms. Yang learned from a friend of China Unicom that Tianhai’s C Zone in the world could install Unicom broadband in the near future. Due to lack of business, Shentong Kyushu Company actively found Unicom to negotiate and make concessions. A few days later, Ms. Yang received feedback from the 12345 Mayor's hotline, indicating that the Yuhua District Housing and Construction Bureau and the local street office in Shijiazhuang City responded that they could install broadband. At this time, the first complaint from the owner of the community has been passed for one year.

"Broadband network construction has certain public service nature and needs to be combined with market regulation and government regulation and control. In order to form a positive interaction between developers and property, communication operators and owners, we can only hope to continue to improve legislation and strengthen law enforcement. Chen Jiangtao said.