The Ministry of Industry and Information Technology (MIIT) issued the Notice on Cleaning Up and Standardizing the Internet Network Access Service Market (Document 32) in 2017, which called for cracking down on violations such as illegal self-builds of backbone networks and metropolitan area networks. Since then, more and more issued No. 282, clearly listed many suspected violations of the enterprise, many well-known listed companies are on the list.
But since the action has been carried out, there are few cases of serious penalties, and many companies are still waiting to see what happens, especially in the field of metro area network construction, which is still in full swing.
It is said that the punishment by the Ministry of Industry and Information Technology Information Management Bureau of a high-level directly in the local bureau of supervision of the investigation, or will be suspected of violating the self-built list of enterprises in a comprehensive inventory of penalties. If you can through this rectification, completely clean up the network communication facilities services and Internet data transmission market order, for the future of China's telecommunications market is undoubtedly very favorable to the healthy development. I just don't know how many companies can carry 4 times the revenue fine (confiscation plus at least 3 times the fine).
For a long time, large Internet companies have built their own networks for network transmission, which has contributed to the rapid development of China's Internet industry and the realization of the country's goal of "speeding up and lowering fees". But this kind of unregulated self-built behavior is a violation of the law, which is not conducive to the security of the national information network and the standard development of the industry. How to bring the illegal network into the legal regulation quickly, and at the same time not to affect the development of China's Internet industry, damage to the legitimate rights and interests of the people, is really the test of wisdom of the leadership of the regulatory authorities.
Key violations of the way
First, in the name of the user premises network or broadband access network illegal construction of the metropolitan area network or backbone network
The user premises network (broadband user premises network) refers to the user's network interface to the user terminals between the transmission and lines and other related facilities. Subscriber premises network is the transmission and lines and other related facilities between the centralized point of service in the subscriber premises and the subscriber terminals. The user premises can be a residential neighborhood, or one or more adjacent office buildings.
Broadband access network can be built from the user end to the network access server within the scope of all or part of the wired communications network facilities, you can carry out the corresponding network elements for rent, sale. Pilot enterprises uplinked to the Internet backbone network must be accessed through the basic telecommunications enterprises of the metropolitan area network, the business nodes of different municipalities shall not be directly connected to the rented access network resources are strictly prohibited again subletting and resale.
Regardless of whether a company holds a license for a user premises network or a pilot broadband access network, it is prohibited to illegally build a metropolitan area network and backbone network.
Second, in the name of industry-specific network for illegal construction and operation
Some companies use highways, railroads and various major projects construction opportunities, in the name of building industry-specific network to build a network of private leasing and sale of business. Industry-specific networks can only be used within the enterprise, not for operational use, the same can not be operated in the industry, charging other enterprises in the industry costs.
At present, there are only five companies that can legally engage in MAN and backbone network facility services, namely: China Telecom, China Mobile, China Unicom, China Radio and Television, and CITIC Networks.
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Notice of the Ministry of Industry and Information Technology on Cleaning up and Regulating the Market for Internet Network Access Services
The Communications Regulatory Bureau of each province, autonomous region and municipality directly under the central government, the China Institute of Information and Communications Research (CIICR), China Telecommunications Corporation (CTCG), China Mobile Communications Corporation (CMCC), China Unicom Network Communications Co. Ltd., China Radio and Television Network Corporation, CITIC Networks Limited, Internet data center business operators, Internet access service business operators, content distribution network business operators:
In recent years, network information technology is rapidly changing, cloud computing, big data and other applications are booming, China's Internet network access services market is facing a rare development opportunity, but the first signs of uncontrolled development have also been seen. The first signs of disorderly development have also emerged, the urgent need to rectify and standardize. In order to further regulate the market order, strengthen network information security management, and promote the healthy and orderly development of the Internet industry, the Ministry of Industry and Information Technology has decided to carry out cleanup and standardization of the Internet network access service market nationwide from now until March 31, 2018. The relevant matters are notified as follows:
I. Objectives and Tasks
Investigate and deal with illegal behaviors such as unlicensed operation, over-scope operation, and "layer-by-layer subletting" in the market of Internet data center (IDC) business, Internet access service (ISP) business, and content distribution network (CDN) business in accordance with the law. Effectively implement the main responsibility of enterprises, strengthen the management of business licenses and access resources, strengthen network information security management, maintain a fair and orderly market order, and promote the healthy development of the industry.
Second, the focus of the work
(a) Strengthen the qualification management, investigate and deal with illegal business
1. The Communications Regulatory Commission to provide IDC, ISP, CDN business in the jurisdiction of the enterprise situation mapping survey, to put an end to the following illegal business behavior:
(1) unlicensed operation. That is, the enterprise did not obtain the appropriate telecommunications business license, unauthorized IDC, ISP, CDN and other businesses in the local area.
(2) over the geographical scope of operation. That is, the enterprise holds the corresponding telecommunications business license, business coverage area does not include the region, but in the local deployment of IDC server room and servers, to carry out ISP access services.
(3) over the scope of business operations. That is, the enterprise holds a telecommunications business license, but beyond the licensed business types in the local IDC, ISP, CDN and other businesses.
(4) sublease transfer business license. That is to say, the enterprise holding the corresponding telecommunications business license, in the name of technical cooperation, etc. to the unlicensed enterprise illegal operation of telecommunications business to provide qualifications or resources and other violations.
2. Enterprises that have held IDC licenses before the implementation of the "Classification Catalogue of Telecommunications Businesses (2015 Edition)" and have actually carried out Internet resource collaboration service business or CDN business should, before March 31, 2017, make a written commitment to the original licensing authority to meet the relevant operating license requirements by the end of 2017 and obtain the telecommunications operating license for the corresponding business.
Those who failed to make the commitment on schedule shall, since April 1, 2017, carry out business activities in strict accordance with the business scope stipulated in their operating licenses, and shall not operate unauthorized relevant businesses. If it fails to obtain the corresponding telecommunication business operation license as promised on schedule, since January 1, 2018, it shall not operate the business.
(ii) Strict resource management to eliminate illegal use
Each basic telecom enterprise and Internet network access service enterprise shall conduct a comprehensive self-inspection on the use of network infrastructure and network access resources such as IP addresses and bandwidth, and practically rectify the following problems:
1. Inadequate resource management of network access resources. The basic telecommunication enterprises should strengthen the line resource management, strictly audit the qualification and usage of the renter, and shall not provide network infrastructure and IP address, bandwidth and other network access resources for IDC, ISP, CDN and other businesses to enterprises and individuals without the corresponding telecommunication business license.
2. The problem of illegal self-built or use of illegal resources. IDC, ISP, CDN enterprises shall not privately build communication transmission facilities, shall not use the corresponding telecommunications business license qualification units or individuals to provide network infrastructure and IP addresses, bandwidth and other network access resources.
3. Layers of subletting issues. IDC, ISP enterprises shall not sublet the IP address, bandwidth and other network access resources they have acquired to other enterprises for the operation of IDC, ISP and other businesses.
4. Violations of cross-border business issues. Without the approval of the competent telecommunications department, may not establish or rent their own private line (including virtual private network VPN) and other channels to carry out cross-border business activities. Basic telecom companies to lease the international private line to the user, should be centralized to establish user profiles, to the user clear use of the use of their internal office only, shall not be used to connect the domestic and foreign data centers or business platforms to carry out telecommunications business activities.
(C) the implementation of relevant requirements to strengthen the management foundation
Implement the "Ministry of Industry and Information Technology on further standardizing the Internet data center (IDC) business and Internet access services (ISP) business market access notice" (Ministry of Industry and Information Technology, Electricity Management Letter [2012] No. 552, hereinafter referred to as "Notice") on the funds, personnel, premises, facilities, The requirements of the technical program and information security management, and strengthen the management of the whole process before, during and after the event.
1. Enterprises that obtained IDC and ISP licenses before December 1, 2012, should refer to the requirements of the Circular regarding funds, personnel, sites, facilities, technical solutions and information security management, build relevant systems, pass the evaluation, and complete the system docking work.
Enterprises that currently have not yet met the relevant requirements shall, before March 31, 2017, make a written commitment to the original licensing authority to meet the relevant requirements by the end of 2017, pass the evaluation, and complete the system docking work. Failure to meet the commitment or failure to meet the commitment to complete the system docking work through the evaluation as scheduled, the Communications Authority shall supervise the corresponding enterprises to rectify the situation.
Among other things, the relevant enterprises shall, in accordance with the Notice on Effectively Doing the Construction and Docking Work of the Internet Information Security Management System, the Letter on Notifying the National Value-added IDC/ISP Enterprises of the Docking Situation of the Internet Information Security Management System, and the Measures for the Management of the Use and Operation of the Internet Information Security Management System (for Trial Implementation) (Net Security of the Office of the Industry and Information Technology 〔2016〕 No. 135), be required to , complete the construction, evaluation and system docking of the Internet information security management system on schedule. If it is not completed on schedule, the annual inspection of the enterprise's 2017 telecommunications business license will not be passed.
2. Enterprises newly applying for IDC (Internet Resources Collaboration Service) business license are required to build ICP/IP address/domain name information filing systems, enterprise access resource management platforms, information security management systems, and implement IDC server room operation security and network information security requirements, and pass the relevant evaluation.
3. Newly applying for CDN business license companies need to build ICP/IP address/domain name information filing system, enterprise access resource management platform, information security management system, implementation of network information security requirements, and through the relevant evaluation.
4. Existing licensed IDC enterprises applying for expansion of business coverage or in the original scope of business coverage of the new server room, business nodes, the need to meet the new scope of the "Circular" on the IDC server room operation security and network information security management requirements, and through the relevant assessment.
5. Existing licensed ISP (including website access) enterprises applying for expansion of business coverage, the need to meet the "Notice" on network information security management requirements within the new business coverage area, and through the relevant evaluation.
6. Existing licensed CDN enterprises applying to expand business coverage or increase bandwidth and business nodes in the original business coverage area need to meet the requirements of the Circular on network information security management within the new scope and pass the relevant evaluation.
Third, safeguard measures
(a) policy guidance, good consulting services
The Communications Regulatory Commission should make use of a variety of ways to do a good job of policy dissemination and interpretation of the work, publish a telephone number to receive relevant reports and answer business questions and consulting to guide the enterprise in accordance with the requirements of legitimate business activities. The China Institute of Information and Communications Technology (CICT) should do a good job of evaluating the support work and assisting the Ministry and the Communications Authority to do a good job of publicizing the policy, accepting the report, and answering the questions of the enterprises.
(B) comprehensive self-examination, consciously clean up and rectify
The basic telecommunications enterprise group companies to organize a comprehensive self-examination of subordinate enterprises, unified business procedures and related requirements, from the contractual constraints, the use of the review, accountability for violations of the whole process to strengthen the normative management, and to strictly prevent all kinds of access to resources used in violation of the law; on the existence of the problem should be immediately corrected, and the person in charge responsible for the responsibility of the investigation.
The IDC, ISP, CDN enterprises to implement the main responsibility, in accordance with the requirements of this notice comprehensive self-examination and clean-up, timely correction of various types of violations, to ensure that the operating qualifications of legal compliance, network facilities and line resources to use standardized to strengthen the construction of the management system and through the evaluation.
(C) strengthen supervision and inspection, investigate violations
The Communications Authority to strengthen the implementation of the supervision and inspection of enterprises, found that the violation of the problem should be urged to rectify the enterprise in a timely manner, the refusal to rectify the enterprise should be seriously investigated and dealt with in accordance with the law; the circumstances are serious, should be identified in the annual inspection of the work of the annual inspection is unqualified, will be included in the behavior of the enterprise according to law, bad credit record, the business license is not renewed according to law, and basic telecommunications license expires! When the business license expires, the license shall not be renewed, and the basic telecommunication enterprises shall focus on their credit records when cooperating with them and providing access services. The Ministry will organize and carry out supervision and spot checks in a timely manner in conjunction with the reports of letters and visits, public opinion and other situations.
(4) Improve the exit mechanism and do a good job
For enterprises that do not meet the relevant licensing requirements or are listed in the adverse credit record due to irregularities, they are not allowed to continue to develop new subscribers. The licensing authority urges the relevant enterprises to do a good job in the aftermath of the user in accordance with the relevant provisions of the Administrative Measures for the Licensing of Telecommunications Business. To the licensing authority to submit an application for cancellation of the business license, the licensing authority shall cancel the IDC, ISP business license according to law.
(E) Improve credit management, strengthen personnel training
Actively play the advantages of third-party institutions, study the establishment of IDC / ISP / CDN enterprise credit evaluation mechanism, from the infrastructure, quality of service, network and information security capabilities and other multi-dimensional comprehensive assessment, to guide the enterprise to pay attention to their own credit status, improve the construction of the management system, standardize the market operating behavior. The Communications Regulatory Commission (CRC) should strengthen the skills training of the relevant practitioners and continuously improve the practitioners' business quality and competence level.
Fourth, the work requirements
(a) Awareness-raising, strengthen the organizational leadership
Carrying out the Internet network access services market standardization and clean-up work is to strengthen the management of the Internet industry and an important part of the basic management of the management of the solid management basis for the promotion of the industry is of great significance to the healthy and orderly development. The relevant units should designate the relevant leaders to take the lead, strengthen organizational safeguards, and properly implement and enforce.
The Communications Regulatory Commission, the basic telecommunications enterprise group companies, Internet network access service enterprises to implement the responsibility, in accordance with the requirements of this notice, to develop a work program, a clear division of labor, work progress and responsibility, refinement of the work, the responsibility of people to ensure that the standardization of cleaning up the work of the tasks completed on schedule.
(C) strengthen communication, regular summaries and briefings
The Communications Regulatory Commission, the basic telecommunications enterprise group companies to strengthen communication and collaboration, summarize the work experience in a timely manner, at the end of each quarter to the Ministry (Information and Communications Regulatory Commission) to report on the progress of the work, the occurrence of major problems at any time to report to the Ministry. The Ministry (Information and Communication Administration) will establish a briefing system and regularly publicize the progress of the work to regulate the cleanup.
Ministry of Industry and Information Technology
January 17, 2017