1. What are the object and range of Basic Telecommunications Law (Law No.14/2001)?
Basic Telecommunications Law (Law No.14/2001) defines the bases of the telecommunications policy of the Special Administrative Region of Macao, as well as the general frame which regulates the establishment, management and exploration of telecommunications networks and the telecommunications services rendered. However, it does not apply to the services of terrestrial or satellite telediffusion, namely the television and radio broadcasting.
2. What are the objectives of telecommunications policy?
The telecommunications policy has the following objectives:
1) To liberalize gradually the installation of public telecommunications networks and the public telecommunications services rendered, increase the public benefit and create opportunities for investment, in order to reinforce the competitiveness and continuous social and economic development;
2) To guarantee, to the whole population and to the social and economic activities, the access to telecommunications, with reasonable tariffs and prices, in an indiscriminate way and provided with qualified and efficient services corresponding to their necessity;
3) To ensure the existence and availability of the universal telecommunications service;
4) To ensure the equality and transparency of the conditions of competition and promote diversified services, in order to increase offers and qualified standard corresponding to the demands of users;
5) To ensure the interoperability of public telecommunications networks, as well as the number portability of clients;
6) To promote the utilization of telecommunications networks and services by public administrations, public institutes and other public entities, in a way to elevate the equality and efficiency of the services rendered;
7) To promote the scientific and technological investigation in the field of telecommunications.
3. What are the rights guaranteed to the telecommunications services users given by Basic Telecom Law?
1) Of the inviolable and secret communications in terms of law;
2) Of the privacy respected in the charge documents and in the use of their personal data by the service provider;
3) Of the access and use of public telecommunications services, with due quality, availability and constancy in the whole area of the Special Administrative Region of Macao;
4) Of the liberty of selecting a provider of public telecommunications services, as well as of the respective number portability of customer;
5) Of the non-discrimination as to the conditions of accessing and enjoying the services;
6) Of being informed of the tariffs, prices and conditions of the services rendered;
7) Of the non-suspension of public telecommunications services, except for the occasions of non-fulfillment of the respective contractual conditions and of unavoidable circumstances;
8) Of knowing previously the conditions of suspension and cancellation of the service;
9) Of receiving responses, in valid time, to their claims from the service provider.
4. How to ensure fair competition in the telecommunications industry through Basic Telecommunications Law?
According to Articles 8 of Basic Telecommunications Law, the operators of public telecommunications service should assure all the telecommunications operators to use their networks equally under the conditions of competition and permit the interconnection of telecommunications networks used by other operators, so as to guarantee the access and communications among the users of the services provided by different operators. And it prohibits the anti-competitive behavior or any behavior that constitute to abuse of dominant position by telecommunications operators.
5. According to the Basic Telecommunications Law, what particular factors should be considered when measuring whether a telecommunications service operator is in a dominant position in a market?
1) The possessed quota of market;
2) The capability of influencing the conditions of market, namely the prices and the access to the market by other operators;
3) The control of the media of the access to the services by the users;
4) The financial resources and the commercial profitability;
5) The degree of the diversity of products and offered services.
6. Who can operate public telecommunications service?
According to paragraph 2 of article 11 of Basic Telecommunications Law, the public telecommunications service can be operated:
1) Directly by the Government of the Special Administrative Region of Macao;
2) By collective persons of public right;
3) By licensed collective persons of private right.
7. Shall tariffs and prices of public telecommunications services subject to the approval of the Government?
According to paragraph 4 of article 11 of Basic Telecommunications Law, tariffs and prices of public telecommunications service are subject to the approval of the Government.
8. Which entity is responsible for the establishment, management and exploration of basic telecommunications network?
According to paragraph 3 of article 12 of Basic Telecommunications Law, those entites referred to paragraph 2 of article 11 are responsible for the establishment, management and exploration of basic telecommunications network.(Please refer to above question 6)
In case of any discrepancy, the printed version in the Government Gazette shall prevail.