t
WEDNESDAY, SEPTEMBER 28, 1994
THE CONTROL OF TELECOMMUNICATIONS IN HONG KONG IS AT PRESENT PROVIDED FOR UNDER THE TELECOMMUNICATION ORDINANCE AND ITS SUBSIDIARY LEGISLATION ENACTED IN 1963.
THE SUPPLY AND OPERATION OF PUBLIC LOCAL TELEPHONIC COMMUNICATIONS IS REGULATED UNDER THE TELEPHONE ORDINANCE ENACTED
1951.
IN
AMENDMENTS TO THE LEGISLATION HAVE BEEN MADE FROM TIME TO TIME TO KEEP PACE WITH THE RAPID DEVELOPMENTS IN TELECOMMUNICATIONS TECHNOLOGY, THE AVAILABILITY OF AN INCREASING RANGE OF NEW PUBLIC SERVICES, AND THE EMERGENCE OF NEW REGULATORY
TELECOMMUNICATION
CONCEPTS.
EVEN SO THERE IS AN URGENT NEED TO RATIONALISE AND, WHERE NECESSARY, REVAMP THE LEGISLATIVE FRAMEWORK TO TAKE ACCOUNT OF RECENT TECHNOLOGICAL CHANGES AND FUTURE REGULATORY NEEDS, MRS BOSHER SAID.
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'MOREOVER, THE EXCLUSIVE FRANCHISE GRANTED TO HONG KONG TELEPHONE COMPANY UNDER THE TELEPHONE ORDINANCE WILL EXPIRE IN 1995 AND WILL BE REPLACED WITH A NON-EXCLUSIVE LICENCE TO BE ISSUED UNDER THE TELECOMMUNICATIONS ORDINANCE.
"AS A RESULT, THE TELEPHONE ORDINANCE WILL NEED TO BE REPEALED AND THE OPPORTUNITY WILL BE TAKEN TO REPLACE THE TWO ORDINANCES WITH A SINGLE PIECE OF LEGISLATION,"
MRS BOSHER SAID A NEW FEATURE IN THE NEW BILL WOULD BE A RANGE OF PROVISIONS TO PROHIBIT ANTI-COMPETITIVE PRACTICES ENGAGED BY PROVIDERS OF PUBLIC TELECOM SERVICES, ESPECIALLY FIXED NETWORK OPERATORS WHEN LOCAL NETWORK SERVICES ARE OPEN TO COMPETITION NEXT YEAR.
ENTRANTS DOMINANT
"TO CREATE A LEVEL PLAYING FIELD WHICH WILL ENABLE THE NEW TO CHALLENGE AND COMPETE FAIRLY AND EffectiveLY WITH THE OPERATOR, A COMPREHENSIVE SET OF COMPETITIVE SAFEGUARDS THOSE AREAS WHICH ARE MOST SUSCEPTIBLE TO ABUSE BY THE DOMINANT OPERATOR WILL BE INCLUDED IN THE NEW ORDINANCE SUCH AS INTERCONNECTION ARRANGEMENTS, PRICING AND NUMBERING."
COVERING
MRS
BOSHER SAID ANOTHER IMPORTANT FEATURE IN THE NEW BILL WAS
RELATED TO THE PROTECTION OF CONSUMER INTEREST.
THE NEW BILL WILL REQUIRE THAT THE TARIFFS OF ANY OPERATOR IN A DOMINANT POSITION TO SUPPLY THAT SERVICE BE SUBJECT TO TARIFF CONTROL BY THE TELECOMMUNICATIONS AUTHORITY.
"SUCH CONTROL IS NECESSARY TO DISCOURAGE AND PROHIBIT THE DOMINANT SUPPLIER FROM ABUSING ITS MARKET POSITION AND CUSTOMERS,
OVERCHARGING
**THERE WILL ALSO BE A NON-DISCRIMINATION PROVISION IN THE BILL PROHIBITING A DOMINANT OPERATOR FROM DISCRIMINATING IN FAVOUR AGAINST ANY OF ITS CUSTOMERS IN THE SUPPLY OF SERVICES.
"
NEW
OR
/ON THE