Legal Analysis On "False Broadband"

“False broadband” has always been a hot issue discussed by public in recentyears. Some articles and discussion related to the “false broadband” become headlineson newspaper, TV, and internet, even CCTV reveals traps inside of “false broadband”.Broadband internet, as a part of people’s life, is becoming worse and worse and mustbe taken seriously.In this paper, the author analyzes the problems reflected by “false broadband”from the angle of law, and on this basis, offers proposals and countermeasures to solvethe issue of “broadband”. There are three parts in this paper.The first part: The meaning of “false broadband” and the debate about “falsebroadband”. This part tells what “false broadband” is and summarizes discussion ofmany fields in society on “false broadband”, and on that basis, determines the centralpoint of this paper, which is analyzing the problems reflected by “false broadband”from the angle of law.The second part: Analyze the “false broadband” from the angle of AntimonopolyAct. Firstly, introduce the market situations of the broadband services. China Mobile,China Unicom, and China Telecom, as the three basic operators, occupy most share ofthe broadband market, dominate the whole broadband industry. Secondly, afteridentify the dominance of the three basic operators, then identify if they abuse theirdominance. The author will make identification mainly from two aspects, that is theoperators’ unfair price behavior and price squeeze behavior. After analyze, the answeris yes,“false broadband” is a result of operators’ monopoly. The operators abuse theirdominance by using unfair price and price squeeze for monopoly, and finally damagethe legitimate rights and interests of consumers.The third part: Analyze the “false broadband” from the angle of Consumers’Rights and Interests Protection Law. After analyze, broadband operators damageconsumers’ many rights, including fair trading right, right of claim, right ofsupervision, and right to be informed.The fourth part: Proposals. This part offers two proposals to deal with “falsebroadband”. Firstly, strengthen the regulations of operators’ behavior. Specificallyincluding increased investment on broadband, pushing in telecom broadband reform; making private capital and foreign capital enter the broadband market to compete withthe three basic broadband operators; government makes good jobs from legislation,enforcement, and supervision to broadband operators. Secondly, find effective ways toprotect consumers’ rights and interests. Specifically including increased investment oninfrastructure construction, establish a small amount court for a small amount suit toreduce costs and improve efficiency; the implementation of punitive damage system;the standard speed-detection software needs to be introduced; consumers can makemore choice on purchasing broadband.