Is it illegal to stipulate that only mobile broadband can be installed in the community?

On April 20 13, the Ministry of Housing and Urban-Rural Development and the General Administration of Quality Supervision, Inspection and Quarantine issued the General Code for Design of Fiber-to-the-Home Communication Facilities in Residential Areas and Residential Buildings (1.0.3).

The design of fiber-to-the-home communication facilities in residential areas and residential buildings must meet the requirements of equal access of multiple telecom operators and users' free choice of telecom operators.

1.0.4? In the county-level and above urban areas where the public telecommunication network has realized optical fiber transmission, the communication facilities of newly-built residential areas and residential buildings should be built by means of optical fiber to the home.

Guangdong, Henan, Hebei and other provinces have also introduced normative conditions or interim provisions, but the punishment subjects 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."

The Interim Measures for the Construction and Management of Residential residential broadband Network Facilities in Henan Province issued by the Henan Provincial Government also clearly stipulates the punishment 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; If an exclusive agreement is signed with the residential area construction unit, the owner or the property service enterprise to monopolize the broadband access service in the residential area, the communication management department shall order it to make corrections, and the relevant responsible subjects shall be blacklisted and notified. "

Extended data:

The Property Management Regulations stipulate that owners shall enjoy the following rights in property management activities:

1. Accept the services provided by the realty service enterprise according to the stipulations of the realty service contract;

2. Propose to convene a meeting of the owners' congress to make suggestions on matters related to property management;

3. Put forward suggestions on formulating and amending the management regulations and the rules of procedure of the owners' congress;

4. Participate in the owners' meeting and exercise the right to vote;

5. Elect members of the owners' committee and enjoy the right to be elected;

6. Supervise the work of the owners' committee;

7, supervise the realty service enterprise to perform the realty service contract;

8. Enjoy the right to know and supervise the parts, facilities and equipment used in the property and the use of related sites;

9. Supervise the management of special maintenance funds for * * * parts and facilities of the property (hereinafter referred to as special maintenance funds).