Calls and emails to the media department of the China Securities Regulatory Commission weren’t immediately returned Tuesday. Cross-provincial licences, on the other hand, cover the provision of nationwide regulated services, and are issued by the MIIT. FTSE Russell declined to comment on Tuesday, while MSCI and S&P Dow Jones couldn’t immediately be reached. Chunghwa Telecom. Where the services are provided to consumers, providers should be mindful that the PRC Law on the Protection of Consumer Rights and Interests will also apply. China Mobile, the largest of the three, jumped 5.1% in Hong Kong on Tuesday. Spokespeople for the White House and the . Petitioner China Telecom (Americas) Corporation (“China Telecom”) provides communications service under the Commission’s blanket authorization for domestic transmission lines and under two international Section 214 authorizations granted by the Commission. Logos of China Telecom, China Mobile and China Unicom seen during the China International Import Expo (CIIE) at the National Exhibition and Convention Center in Shanghai on November 5, 2018. Spokespeople for the U.S. Treasury Department, U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority didn’t immediately reply to requests for comment. The licensing requirements and application process differ depending on the type(s) of licences required. The NYSE’s initial delisting proposal, announced on New Year’s Eve, marked the first time an American exchange had unveiled plans to remove Chinese companies as a direct result of rising geopolitical tensions between the two superpowers. Single province licences are issued by the relevant local authorities to service providers that are only providing regulated services within a single province, municipality or autonomous region. At 11.15am, Bharti … The stakes are high for both Chinese and U.S. companies. VATS licences are further subdivided into single province licences and cross-provincial licences. Telecom operators with less serious violations will go on the “poorly performed” list, and might attract administrative penalties. Telecom stocks are trading mixed this morning after the Telecom Regulatory Authority of India deferred zero IUC for a year to January 2021. San Diego, CA (PRWEB) March 22, 2017 -- Clutch has prepared and published a report that consolidates key policy and enforcement trends from 26 international and domestic regulatory agencies across the U.S., the E.U., and Asia with an introduction by Clutch Regulatory Head and former FCA Supervisor, Charles Hastie. It includes an overview of the regulatory environment, market highlights and comprehensive statistics. The company’s NYSE-listed shares were up 9% at 11.17 a:m. in New York, while China Unicom’s U.S. shares surged 14%. Generally speaking, foreign investment is subject to shareholding restrictions. Wall Street banks, in particular, have been pouring resources into the country after gaining unprecedented scope to operate there last year. In the first quarter of each year, telecoms licence holders must submit their annual operation information to the MIIT and/or the relevant local authorities through an online platform. The Ministry of Industry and Information Technology (MIIT) is the primary telecoms regulatory body in China. This article discusses the telecommunications industry in mainland China. • In line with the extension of special work arrangement announced by the Government on 19 January 2021, except for staff who provide essential services, other staff of the Office of the Communications Authority (OFCA) will continue to work from home up to 27 January 2021 …more; CONSUMER FOCUS China Telecom Americas, China Unicom Americas, and ComNet USA have been operating in the United States since the early 2000s. The NYSE’s reversal was “quite unexpected,” said Jackson Wong, director of asset management at Amber Hill Capital Ltd. in Hong Kong. Santa Clara Valley Transportation Authority (2) Race Technologies Inc. (1) City of San Diego (1) 4Liberty (1) PacketFabric (1) MightyHive (1) City & County of San Francisco (1) University of California Berkeley (1) China Telecom Americas Corporation (1) Experience Level. The New York Stock Exchange has abruptly reversed plans to delist three major Chinese telecommunications companies after consulting regulators about an investment ban ordered by President Donald Trump. “We don’t know as to how the Biden administration will pick up the baton that’s been left by the Trump administration,” said George Magnus, a research associate at Oxford University’s China Centre and author of “Red Flags: Why Xi’s China is in Jeopardy,” speaking on Monday before the NYSE’s reversal. India's mobile phone subscriber base has reached the one billion users' mark, according to data released recently by the Telecom Regulatory Authority of India (TRAI), country's telecom regulator. Regulatory environment of China's telecom and Internet sector 2.1.1. The CSRC had responded to NYSE’s initial plan by calling it groundless and “not a wise move.” Spokespeople for the U.S. Treasury Department and the Financial Industry Regulatory Authority declined to comment. Any entity or individual who has not obtained the relevant telecoms operating licence is prohibited from providing such telecoms services. The company's New York-listed shares surged 10 per cent before the official open of US exchanges. The move came as a surprise and sparked confusion among officials at the U.S. Treasury and State departments, and National Security Council, according to people familiar with the matter, who asked not to be identified because the conversations were confidential. Travis Lundy, an Asia markets veteran and independent analyst who publishes on the Smartkarma platform, said in a tweet that the U-turn reflected “rank ineptitude” by the exchange and “weak leadership” by the Treasury Department. The PRC Telecommunications Regulations (the “Telecoms Regulations”), first issued by the State Council on 25 September 2000 (and subsequently revised on 29 July 2014 and 6 February 2016), covers licensing, fee collection, interconnectivity, operation and regulation of telecoms services in the Prc. The company’s NYSE-listed shares were up 9% at 11.17 a:m. in New York, while China Unicom’s U.S. shares surged 14%. China has been a member of the WTO since December 10, 2001, and has made commitments under the GATS regarding telecommunications as set forth in Annex 9 (Schedule of Specific Commitments on Services) of the Protocol of Accession of the PRC, which includes the … China Mobile, the largest of the three, rose 5.1 per cent in Hong Kong on Tuesday. Foreign ownership limits for BTS is 49% for BTS and 50% for VATS. For Hong Kong and Macau, see Communications in Hong Kong and Communications in Macau. The about-face, described as “bizarre” by a Jefferies Financial Group Inc. analyst, also whipsawed investors who on Monday had sold shares of the Chinese telecom companies and raced to bet on which stocks might be delisted next. Foreign investors may only operate limited types of telecoms services in China. © 2021 DLA Piper. The telecom authorities will then perform a random inspection on selected telecoms operators. “There will certainly be a transition cost to China if the mood in the U.S. remains sour.”, — With assistance by Benjamin Bain, Tracy Alloway, Sofia Horta e Costa, Lananh Nguyen, Lucille Liu, Jeanny Yu, Ishika Mookerjee, Gregor Stuart Hunter, Nick Wadhams, Jennifer Jacobs, and Saleha Mohsin, Exchange’s reversal whipsaws investors after Monday selloff, China Mobile, China Telecom, Unicom rally in Hong Kong trading. Updates with reaction among officials in 4th paragraph, Finra official declining to comment in 10th, shares in 12th. The former have long turned to America’s stock market for capital and international prestige, raising at least $144 billion over more than two decades. American depositary shares in the companies — China Telecom Corp. Ltd., China Mobile Ltd. and China Unicom Hong Kong Ltd. — had been slated to … While the authorities have the ability to levy fines against organisations who are operating without a licence, this method is not commonly used by the China authorities (or if any fines are levied these are seldom disclosed publicly). Order ¶ 8 (Mot. The episode has added to a sense of confusion surrounding implementation of Trump’s order in the waning days of his administration. In separate statements, China Mobile, China Telecom and Unicom said they will continue to monitor developments. In other words, such reseller will require a VATS licence. China Telecom China Unicom State Regulatory Commission of The People’s Republic of China (SRRC) National Radio Spectrum Management Center. China Telecom. ... Financial Industry Regulatory Authority declined to comment. “To implement the decision, and then four days later to backtrack -- that’s just odd.”, This is a sign of... a) weak leadership by Treasury and OFAC to allow misunderstandings 6+ weeks post-EO.b) rank ineptitude by the NYSE (it was premature to announce the delistings in any case b/c FAQ 857 noted OFAC would add subs to the list later, starting the 60d countdown) https://t.co/SOXGZ6wJpI. Some industry sources expect closer scrutiny of "gray area" operations of foreign companies that had been tolerated when the regulatory authority was unified. Telecommunications operators shall provide telecommunications subscribers with telecommunications services that are fast, accurate, secure, convenient and reasonably-priced. The Telecoms Regulations do not differentiate between the provision of services to businesses and consumers. China Unicom Hong Kong Ltd. all rallied on Tuesday. ... U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority didn't immediately reply … A look at the key features of the regulatory framework for the telecoms sector in China, including licensing regimes, spectrum use, universal service obligations, data protection and much more. A BTS licence is valid for either five or ten years (depending on the type of telecom service involved) and a VATS licence is valid for five years. Category 1 services (whether BTS or VATS) are more heavily regulated than Category 2 services, the reason being Category 1 services generally have more national economic or social impacts. The Subcommittee’s report documents how Team Telecom had little engagement with China Telecom Americas and ComNet USA, until recently. China Mobile Ltd., China Telecom Corp. and China Unicom Hong Kong Ltd. all rallied on Tuesday. Other forms of sanctions include rectification orders, warnings, fines, confiscation of illegal gains or criminal liabilities. Exh. The Administrative Measures for the Licensing of Telecommunication Business (effective from 1 September 2017) further sets out the eligibility criteria for applying a telecoms licence. China Mobile, the largest of the three, jumped 5.1% in Hong Kong on Tuesday. The telecom authorities maintain a list “poorly performed” and “dishonest” companies and such list is made available to the public. By adhering to the core philosophy of "comprehensive innovation, pursuing truth and pragmatism, people-oriented approach and creating shared value", China Telecom persists to incorporate corporate responsibilities into development strategy, daily operation and management activities. Coming days before the companies were to be delisted -- and just over two weeks before Trump is to leave the White House -- the U-turn avoids a step that threatened to heighten U.S.-China tensions further. DLA Piper is a global law firm operating through various separate and distinct legal entities. A at 5–6). However, in practice, this is much more restrictive than the rules would suggest. Team Telecom has only visited the two carriers twice in more than a decade. Their U.S. counterparts, meanwhile, are keen to avoid any ratcheting up of tensions that might curb their access to China’s vast economy. The main responsibilities of MIIT in respect of the telecoms industry include: Formulating plans, policies, laws, regulations, and technical criteria for the information and telecoms … In general, an entity must obtain a telecoms operation licence in order to engage in telecoms business activities. His presentation discussed the telecommunications industry of East Asia. WATCH: The NYSE says it no longer plans to delist Chinese telco giants. Daniel Ray Telecom. VATS refers to the telecoms and information services provided through public network infrastructure. The provision of telecommunications services in the PRC is subject to a complex licensing regime depending on the type(s) of telecoms services offered. China Mobile, China Telecom and China Unicom Hong Kong all rallied Tuesday. China Telecom and its affiliates, including its U.S. affiliate, China Telecom Americas, denies the public reports. In his executive order, Trump said the three telcos were among those directly supporting the Chinese military, intelligence and security apparatuses and aiding in their development and modernization. Article 6. The tax rate for BTS is 9% and 6% for VATS. He also met with GPS students where he drew upon his military background to discusses terrorism in Pakistan at an informal luncheon. The FCC regulates foreign carriers seeking to provide international telecommunications services between the United States and foreign points, but historically relied on Team Telecom to assess the national security and law enforcement risks associated with a foreign … Trump has imposed tariffs on imports from China and carried out an aggressive campaign against Chinese technology firms such as Huawei Technologies Co., measures that have often elicited retaliation from Beijing. The telecommunications industry, like most other industries, is also subject to administrative charges, namely an education fee of 3% and a local education surcharge of 2%. CMHK (China Mobile Hong Kong) ... TRA (Telecommunications Regulatory Authority, UAE) TSDSI (Telecommunications Standards … An entity is required to have a permanent establishment in China prior to commencing the provision of telecoms services. BTS refers to the business of providing public network infrastructure, public data transmission and basic voice communications services. Application for a BTS or VATS licence is free of charge. In a December article, Secretary of State Michael Pompeo discussed how U.S. investors are funding “malign PRC companies” whose shares are included in major indexes. Read more: China Mobile May Dodge Index Exclusion After NYSE U-Turn. Regulatory authority. A lack of clarity on why NYSE changed course left investors to speculate over whether it was simply a result of the exchange initially misinterpreting the November executive order, or something with broader geopolitical implications. Chinese businesses without military links are also potentially vulnerable to delisting after Trump signed legislation with bipartisan support last month that could kick firms off U.S. exchanges unless American regulators can review their financial audits. Each of BTS and VATS is further divided into a Category 1 and a Category 2 under the Telecoms Catalogue. China Telecom is a wholly owned subsidiary of China Biography. In separate statements, China Mobile, China Telecom and China Unicom said they will continue to monitor developments. A day after Sweden’s telecom regulatory authority banned Huawei and ZTE equipment in Sweden’s 5G networks on soon-to-be-auctioned spectrum, China… The Telecoms Catalogue sets out the relevant regulated services that fall within the different categories of BTS and VATS. The Classified Catalogue of Telecommunications Services (the “Telecoms Catalogue”) (effective from 1 March 2016) sets out the specifics and sub-categories of services that are regulated under the telecoms licensing regime. Read more: TikTok, Hong Kong and More U.S.-China Flashpoints. China’s Foreign Ministry spokeswoman Hua Chunying said Tuesday that Beijing hopes the U.S. will respect the market and rule of law, and do things conducive to upholding order in the global financial markets. Read more: NYSE Just Gave China Inc. One More Reason to Leave: Shuli Ren. Importantly, the categorisation of services which fall within the scope of the licensing regime is particularly wide and covers traditional telecommunication service offerings, as well as extending to other types of technologies and services provided via the Internet. All rights reserved. “Some funds that had an obligation to unload these shares will now need to buy them back. Telecommunications regulatory authorities across the globe have launched innovative frameworks to facilitate the coordinated sharing of licensed spectrum, most … Mid Level (8) Senior Level (2) Entry Level (1) Under the Telecoms Regulations, interconnection of telecoms networks should be effected on the basis of the principles of technical feasibility, economic sense, fairness, impartiality and mutual complementation. Attorney Advertising. India currently has a smartphone user base of over 300 million. In separate statements, China Telecom and Unicom said they will continue to monitor the developments, while China Mobile didn’t respond to requests for comment. While the impact on China Mobile and its two peers was always likely to be minimal given the bulk of their shares trade in Hong Kong, the delisting plan had heightened concerns about tit-for-tat sanctions between China and the U.S. as tensions between the superpowers simmer. 113 West of Chang An Street, Beijing, 100804, China. Before it's here, it's on the Bloomberg Terminal. The NYSE has faced criticism from some market watchers over the way it handled the situation. The telecommunications industry is subject to Value Added Tax. Index providers FTSE Russell, MSCI Inc. and S&P Dow Jones Indices have all said in the past month they would remove some Chinese companies from equity gauges to comply with the order, but their lists of affected stocks have sometimes differed markedly. Until his retirement in July 2008, Malik headed Pakistan’s telecom regulatory body as chair of the Pakistan Telecom Authority. For VATS operators, the minimum registered capital is RMB 1 million for single province providers and RMB 10 million for nationwide providers. For further information about these entities and DLA Piper's structure, please refer to our Legal Notices. China Unicom. The holder of a telecoms licence is only permitted to carry out the activities specified in the licence. For example, business operators are required to disclose all information related to the services to consumers, and consumers have the right to privacy and to have their personal information protected when receiving a service. Cisco Systems. CITEL (Inter-American Telecommunication Commission) Claro Brasil. Have a confidential tip for our reporters? By way of an example, operating regulated telecoms services without licences or providing regulated services beyond the permitted scope will be considered as serious violations. Bloomberg LP, the parent of Bloomberg News, also compiles stock and bond indexes. “They’ve had seven weeks to talk to Treasury about this,” Lundy said, adding that the department had published lengthy supplemental FAQs as well. In separate statements, China Mobile, China Telecom and Unicom said they will continue to monitor developments. The subcommitte called on Congress to mandate periodic review and renewal of licences granted to non-domestic operators, and provide new regulatory authority to a telecom security review committee created by President Trump in April.. China: 2017 : August : Telecom Regulatory Authority of India : The Telecom Regulatory Authority of India releases a PDF that outlines the 5G standard draft and shows a timeframe for when 5G should be deployed around the world. The main responsibilities of MIIT in respect of the telecoms industry include: The Ministry of Industry and Information Technology, Address: No. This report presents key aspects of the China telecom market as it enters 2019. Sanctions include revocation of telecoms licences, shutdown of business and blacklisted by the authorities for (at least) three years. It’s unclear whether NYSE’s reversal will have any impact on index providers, which help guide investments worth trillions of dollars. China approves 24.75-27.5 GHz and 37-42.5 GHz trials in the millimeter wave frequencies. This article is a list of the legal regulatory bodies that govern telecommunications systems … While China’s President Xi Jinping said in a congratulatory message to Biden in November that he hopes to “manage differences” and focus on cooperation, few expect tensions to ease anytime soon. DLA Piper Intelligence brings together knowledge sites that answer legal questions from our clients around the globe. U.S. Surpasses 25 Million Covid-19 Infections, Merck Shuts Down Covid Vaccine Program After Lackluster Data, Travel Bans and Lockdowns Spurred by Variants: Virus Update, Tech Futures Rally; European Stocks Retreat: Markets Wrap, Germany Buys Covid Treatment Used by Donald Trump. Spokespeople for the White House and the U.S. Securities and Exchange Commission didn’t immediately reply to requests for comment. Liberia; The outlook may depend in large part on how U.S.-China relations evolve after president-elect Joe Biden enters the White House later this month. The Ministry of Industry and Information Technology (MIIT) is the primary telecoms regulatory body in China. Telecoms business activities in China are divided into Basic Telecom Services (“BTS”) and Value-added Telecom Services (“VATS”). The developments have unfolded in the last few weeks of the Trump administration, which for years has railed against China for what the U.S. president calls unfair trading practices. It is worth noting that where a reseller purchases cellular mobile communications services from a BTS provider (who owns a mobile network), and repackages such services under its own brand and sells such services to end users, such activity will be captured by the VATS licensing regime. China Telecom Corp. and . The Internet Society of China is a leading self-regulatory body in China, whose mission is to promote the development of the internet in China and make efforts to construct an advanced information society, which has more than 1,200 members engaged in various activities related to the internet. Leading telecoms service operators, which refer to operators that control vital telecoms infrastructure, have a relatively large share of the telecoms market and can materially influence the market entry of other telecoms business operators, may not refuse interconnection requests from other telecoms business operators and operators of dedicated networks. The biggest risk of all is shutdown of services, which may also bring significant contractual liabilities to such telecom operator. The telecoms sector in the People's Republic of China (PRC or China) is heavily regulated. In a recent report released by the Telecom Regulatory Authority, Reliance Jio continued to be the largest player in the country with a subscriber market share of 35.2% in September and a revenue market share of 38.2% in the second quarter. The Big Board gave no reason for its decision in a statement released during Asian hours, saying only that it had consulted “relevant regulatory authorities” about Trump’s executive order, signed in November as part of his administration’s push to check China’s growing economic power. Who should govern the Internet in China? Some investors are also starting to price in a scenario that the decision to halt delistings could be the start of a de-escalation in tensions between China and the U.S.”. Formulating plans, policies, laws, regulations, and technical criteria for the information and telecoms industry, Managing public information and the telecoms network, in addition to the Internet, Supervising the telecoms and information services market, Coordinating with other government departments to formulate policies and standards for telecoms service fees, Allocating and managing radio frequency spectrum resources, Overseeing the security of the telecoms network. For BTS operators, the minimum registered capital is RMB 100 million for single province providers and RMB 1 billion for nationwide providers. Spokespeople for the U.S. Treasury Department and the Financial Industry Regulatory Authority declined to comment. Nevertheless, some Hong Kong and Macau investors, although technically treated as foreign investors by Chinese authorities, have been granted a VATS licence due to their special eligibility granted under the Closer Economic Partnership Agreements entered into between China and Hong Kong / Macau. Like other countries in the world, China is experiencing an administrative dilemma because of technological convergence. Lesotho Lesotho Communications Authority. ... Telecommunications Regulatory Authority Digital migration strategy for TV Broadcasting, Nov. 2008. Telecom operators with more serious violations will be listed as “dishonest’. Telecoms operators must also meet the minimum registered capital requirements in order to be granted licences. 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