Is it legal for residential broadband services to be monopolized by property?

Many owners are rushing to move in after taking over the house, and are preparing to surf the internet at home or play an online game, only to find that the internet speed is super slow! I want to change the network service provider, but I was told that the community can only use this service provider's network! I believe that many property buyers have encountered this situation. Why can't I change my favorite Internet service provider at will? This may be because the network service in your community is monopolized by the property!

Let's talk about why the property monopolizes the community network service: A real estate industry insider told reporters that the broadband monopoly behavior of some residential quarters actually laid a curse from the beginning. "Sometimes, in order to save construction costs, real estate developers will sign contracts with telecommunications companies for wiring. According to the principle that whoever builds benefits, only telecom companies with wiring are allowed to settle in after the completion of the community. "

"There is also a situation in which the newly-built residential property company requires broadband service providers to pay the entrance fee before they can enter the residential area. They can even monopolize the broadband service of the community and can't get in without paying. " The above-mentioned insiders said.

Is residential broadband's monopoly legal?

In this regard, Ma Jihua, an expert in the telecommunications industry, said in an interview with reporters that this phenomenon of monopoly operation is widespread, mainly concentrated in new residential quarters and some university campuses. "There are two main sources of this problem. One is that operators are unwilling to lose the broadband operation right of any community because of the pressure of KPI assessment; On the other hand, the real estate industry is now a hot industry, and developers or property companies that master the owners' resources are in a strong position. In the case of competition among many operators, property companies are prone to the phenomenon of' the highest bidder wins'. "

In fact, as far as residential broadband's monopoly is concerned, the State Council, Ministry of Housing and Urban-Rural Development, Ministry of Industry and Information Technology and local governments have all issued relevant regulations prohibiting residential broadband from monopolizing access services.

As early as April of 20 13, the Ministry of Housing and Urban-Rural Development jointly issued the Code for Design of Fiber-to-the-Home Communication Facilities in Residential Areas and Residential Buildings, which clearly requires that "the design of fiber-to-the-home communication facilities in residential areas must meet the fair access of multiple telecom operators, and users can freely choose the requirements of telecom operators."

Guangdong, Henan, Hebei and other provinces have also issued normative conditions or provisional regulations, but the penalties and standards for broadband monopoly are not consistent. For example, the Regulations on the Promotion of Informatization in Guangdong Province, which came into effect on September, 20 14, stipulates that business operators such as telecommunications, internet, radio and television shall not sign exclusive or monopolistic agreements with project construction units, property service enterprises and owners' committees. , or in other ways to implement exclusive or monopolistic behavior.

The Regulation on the Promotion of Informatization in Guangdong Province entrusts the supervision authority to the administrative department for industry and commerce, which stipulates that the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal income, and impose a fine of 6,543,800 yuan to 50,000 yuan.

The Regulations on the Construction and Protection of Telecommunication Facilities in Hebei Province, which came into effect on June 15 and June 1 2065438, confirmed for the first time in the form of legislation that users have the right to choose their own telecommunication operators. "Telecom operators shall not prevent other telecom operators from entering the region to provide services by signing exclusive agreements with project developers, owners, managers and users, and restrict users from choosing other telecom access services according to law."

On March 16 this year, the Interim Measures for the Construction and Management of Residential residential broadband Network Facilities in Henan Province promulgated by the Henan Provincial Government also made clear penalties for the monopolistic behavior of residential residential broadband. The subject of punishment is the communication management department. "Telecom business operators directly or indirectly invest in the construction of network facilities for new residents in residential broadband, resulting in the monopoly of access services for residents in residential broadband; Failing to implement the relevant provisions of the * * * building in the fiber-to-the-home renovation of existing residential areas; Signing exclusive agreements with residential construction units, owners, property service enterprises, etc. If a monopoly resident residential broadband accesses the service, the communication management department shall order it to make corrections, and the relevant responsible subjects shall be blacklisted and notified. "

The lack of deterrent measures against monopoly operation and the low cost of violation by operators or agents are also the reasons for the repeated prohibition of monopoly operation in residential broadband market.

(The above answers were published on 20 17-04- 17. Please refer to the actual situation for the current purchase policy. )

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