China began drafting the Telecommunications Law as early as 1980. After nearly three decades, the government has yet to officially promulgate the Law, though several draft versions have been available to the public. 

To study the probably most controversial law in China, it is essential to understanding the complicated and multifaceted internal mechanisms of Chinese telecommunications business scenario, such as the former public monopoly has given way to state-controlled competition: three telecom carriers now operate with full telecom licenses; state-run cable carriers and broadband carriers are expanding their networks; private telecom businesses are blossoming, and so forth. It makes authorities increasingly difficult to justify telecom services and creates fair play problems like turf battles, interconnection, and higher barriers for overseas players. 

China entered the World Trade Organization (WTO) in late 2001, which demanded the country to accord to world practices in the telecom sector. Though the government promulgated the People's Republic of China (PRC)'s Telecommunications Regulations in 2000 and the Regulations on Foreign Investment in Telecom Enterprises in 2001, those temporary and transitional policies were almost impossible to address the ever-growing complicated issues.

Now we have got the latest 2009 version of China's Telecom Law draft (members please login here to download the Chinese version, the English Translation). Under the guidance of one of our parent associations the U.S. Telecommunications Industry Association (TIA), USITO plans to submit a joint comment paper with TIA to relevant Chinese authorities on the industry's concerns about the draft Law. For instance, the first glance over the draft gives the industry an impression that the Law appears somewhat biased since it always attempts to protect the current regulators and dominant state-owned companies' interests. As we need our first draft comments done early next week, you are welcome to provide us (wenjie@usito.org) your initial points before Monday October 19 close of business.