In 20 17, the Ministry of Industry and Information Technology issued the Notice on Clearing and Regulating the Internet Access Service Market (No.32 document), demanding that illegal self-built backbone networks and metropolitan area networks be severely cracked down. Since then, Circular No.282 has been issued, which clearly lists many enterprises suspected of violating the rules, and many well-known listed companies are on the list.
However, since the launch of the operation, there have been few cases of severe punishment, and many enterprises are still waiting to see, especially the illegal construction in the capital circle, which is still in full swing.
It is said that this punishment will be directly investigated and dealt with by a senior official of the Information Administration Bureau of the Ministry of Industry and Information Technology in various local administrations, or the enterprises suspected of violating the rules in the self-built list will be comprehensively investigated and dealt with. If we can thoroughly clean up the market order of network communication facilities and services and Internet data transmission through this rectification, it will undoubtedly be very beneficial to the healthy development of China telecom market in the future. I just don't know how many companies can afford a fine of four times the revenue (confiscation plus at least three times the fine).
For a long time, large-scale Internet companies have carried out network transmission through self-built networks, although it has promoted the rapid development of China's Internet industry to a certain extent and promoted the realization of the national goal of "speeding up and reducing fees". However, this irregular self-construction behavior is illegal after all, which is not conducive to the national information network security and the standardized development of the industry. How to quickly bring illegal networks into legal supervision without affecting the development of China's Internet industry and harming the legitimate rights and interests of the people is indeed a test of the wisdom of the leaders of the regulatory authorities.
Key violation mode
First, in the name of user's resident network or broadband access network, illegal construction of metropolitan area network or backbone network.
Subscriber premises network (broadband subscriber premises network) refers to the transmission lines and other related facilities between the user network interface and the user terminal. The client network is the transmission and line between the client service concentration point and the user terminal and other related facilities. The user's residence can be a residential area or one or several adjacent office buildings.
Broadband access network can build all or part of wired communication network facilities from user end to network access server, and can rent and sell corresponding network elements. The Internet backbone network of pilot enterprises must be accessed through the metropolitan area network of basic telecommunications enterprises, and business nodes in different cities shall not be directly connected. It is forbidden to sublet and resell the leased access network resources again.
No matter the enterprise holding the pilot license of the user's resident network or broadband access network, it is forbidden to illegally build metropolitan area network and backbone network.
Two, illegal construction and operation in the name of the industry private network.
Some enterprises take advantage of the construction opportunities of expressways, railways and various major projects to build private networks for sale in the name of building private networks for the industry. Industry private network can only be used within the enterprise, not for commercial purposes, nor can it operate within the industry, and charge fees to other enterprises in the industry.
At present, there are only five enterprises that can legally engage in metropolitan area network and backbone network facilities services, namely: China Telecom, China Mobile, China Unicom, China Radio and Television and CITIC Network.
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Notice of the Ministry of Industry and Information Technology on Cleaning up and Regulating the Internet Service Market
Communications administrations of all provinces, autonomous regions and municipalities directly under the Central Government, China Information and Communication Research Institute, China Telecom Group Corporation, China Mobile Communications Group Corporation, China United Network Communications Group Co., Ltd., China Radio and Television Network Co., Ltd., CITIC Network Co., Ltd., Internet data center business operators, Internet access service business operators and content distribution network business operators:
In recent years, network information technology is changing with each passing day, and applications such as cloud computing and big data are booming. China's Internet access service market is facing a rare opportunity for development, but the signs of disorderly development are also emerging, which needs to be rectified and standardized. In order to further standardize the market order, strengthen the management of network information security, and promote the healthy and orderly development of the Internet industry, the Ministry of Industry and Information Technology has decided to clean up and standardize the Internet access service market nationwide from now until March 3, 2065438. The relevant matters are hereby notified as follows:
I. Objectives and tasks
Investigate and deal with illegal activities such as unlicensed operation, out-of-scope operation and "subletting at different levels" in Internet data center (IDC) business, Internet access service (ISP) business and content distribution network (CDN) business market according to law, earnestly implement the main responsibility of enterprises, strengthen the management of business license and access resources, strengthen the management of network information security, maintain a fair and orderly market order, and promote the healthy development of the industry.
Second, the focus of work
(a) to strengthen the qualification management, investigate and deal with illegal business.
1. All communication administrations should conduct a comprehensive investigation on enterprises providing IDC, ISP and CDN services within their respective jurisdictions, and put an end to the following illegal business practices:
(1) Operating without a license. That is, the enterprise has not obtained the corresponding telecom business license and started IDC, ISP, CDN and other businesses in the local area without authorization.
(2) Operating beyond the geographical scope. That is, the enterprise holds the corresponding telecom business license, and the business coverage area does not include the local area, but the IDC computer room and server are deployed in the local area to carry out ISP access services.
(3) Operating beyond the business scope. That is, the enterprise holds the telecom business license, but the business types beyond the license carry out IDC, ISP, CDN and other businesses in the local area.
(4) sublease or transfer the business license. That is, enterprises with corresponding telecom business licenses provide qualifications or resources to unlicensed enterprises in the name of technical cooperation.
2. Before the implementation of the Telecommunication Business Classification Catalogue (Version 20 15), an enterprise that has held an IDC license shall make a written commitment to the original issuing authority to meet the relevant business license requirements and obtain the corresponding business before March 36, 20 1 20/7.
Those who fail to make commitments on schedule shall conduct business activities in strict accordance with the business scope stipulated in their business licenses from April/July/20 17, and shall not engage in related businesses without permission. If the corresponding telecom business license is not obtained as promised, the business shall not be operated from 20 18 1.
(two) strict resource management, put an end to illegal use.
All basic telecommunications enterprises and Internet access service enterprises conduct a comprehensive self-examination on the use of network access resources such as network infrastructure, IP address and bandwidth, and seriously rectify the following problems:
1. Insufficient management of network access resources. All basic telecommunications enterprises should strengthen the management of line resources, strictly examine the qualifications and uses of the renters, and shall not provide enterprises and individuals with network infrastructure and IP address, bandwidth and other network access resources for IDC, ISP, CDN and other services without corresponding telecommunications business licenses.
2. Illegal self-construction or utilization of illegal resources. IDC, ISP and CDN enterprises shall not build communication transmission facilities without authorization, and shall not use network access resources such as network infrastructure, IP address and bandwidth provided by units or individuals without corresponding telecom business license qualifications.
3. The problem of subletting at different levels. IDC and ISP enterprises shall not sublease the obtained network access resources such as IP address and bandwidth to other enterprises to operate IDC and ISP services.
4. Illegal cross-border operations. Without the approval of the telecommunications authorities, it is not allowed to establish or rent special lines (including virtual private network VPN) and other channels to carry out cross-border business activities. International private lines leased by basic telecommunications enterprises to users should focus on establishing user files, and make it clear to users that they are only used for their internal office use, and shall not be used to connect domestic and foreign data centers or business platforms to carry out telecommunications business activities.
(3) Implement relevant requirements and lay a solid management foundation.
Implement the requirements of the Notice of the Ministry of Industry and Information Technology on Further Standardizing the Market Access of Internet Data Centers (IDC) and Internet Access Services (ISP) (Order No.552 of the Ministry of Industry and Information Technology, hereinafter referred to as the Notice) on the management of funds, personnel, venues, facilities, technical solutions and information security, and strengthen the whole process management before, during and after the event.
Enterprises that have obtained IDC and ISP licenses before1.20121should refer to the requirements of the Notice on funds, personnel, venues, facilities, technical solutions and information security management, build relevant systems, and complete system docking through evaluation.
At present, enterprises that fail to meet the relevant requirements should make a written commitment to the original issuing authority before March 3, 20 17 to meet the relevant requirements and complete the system docking through evaluation. If the system docking work is not completed as promised or promised, the Communications Administration shall urge the corresponding enterprises to rectify.
Among them, all relevant enterprises should finish surfing the Internet on schedule in accordance with the requirements of Notice on Doing a Good Job in Docking the Construction of Internet Information Security Management System, Letter on Doing a Good Job in Docking the Internet Information Security Management System of National Value-added IDC/ISP Enterprises and Administrative Measures for the Use and Operation of Internet Information Security Management System (Trial) (Ministry of Industry and Information Technology 135). If it is not completed on schedule, it will not pass the annual inspection of the 20 17 telecom business license of the enterprise.
2. Enterprises that newly apply for IDC (Internet Resource Collaboration Service) business license need to build an ICP/IP address/domain name information filing system, an enterprise access resource management platform and an information security management system, implement IDC computer room operation security and network information security requirements, and pass relevant assessments.
3. Enterprises newly applying for CDN business license need to build an ICP/IP address/domain name information filing system, an enterprise access resource management platform and an information security management system, implement network information security requirements, and pass relevant assessments.
4. If an existing licensed IDC enterprise applies for expanding its business coverage or adding computer rooms and business nodes within the original business coverage, it must meet the requirements of the Notice on the Management of IDC Computer Room Operation Safety and Network Information Security in the Newly Added Scope and pass the relevant assessment.
5. If an existing licensed ISP (including website access) applies for expanding its business coverage, it must meet the requirements of the Notice on the Management of Network Information Security in New Business Coverage Areas and pass the relevant assessment.
6. If an existing certified CDN enterprise applies to expand its business coverage or increase its bandwidth and business nodes within the original business coverage, it must meet the requirements of the Notice on Network Information Security Management within the new scope and pass the relevant assessment.
Third, safeguard measures.
(a) policy propaganda and guidance, do a good job in consulting services.
All communication administrations should make use of various ways to publicize and interpret policies, announce the telephone numbers for accepting relevant reports and answering corporate questions, and guide enterprises to legally carry out business activities as required. China Information and Communication Research Institute should do a good job in supporting relevant assessments, and assist the Ministry and various communication administrations to publicize policies, accept reports, and answer corporate questions.
(two) to carry out a comprehensive self-examination and consciously clean up and rectify.
All basic telecom enterprise groups should organize subordinate enterprises to conduct comprehensive self-inspection, unify business processes and related requirements, and strengthen standardized management from the whole process of contract restraint, use review, and accountability for violations to prevent illegal use of various access resources; The existing problems should be corrected immediately, and the relevant responsible persons should be held accountable.
All IDC, ISP and CDN enterprises should implement the main responsibility, conduct comprehensive self-examination and clean-up according to the requirements of this notice, promptly correct all kinds of violations, ensure legal and compliance of business qualifications, standardize the use of network facilities and line resources, strengthen the construction of various management systems and pass the assessment.
(3) Strengthen supervision and inspection and strictly investigate violations.
All communication administrations should strengthen supervision and inspection of the implementation of enterprises, urge enterprises to rectify in time when violations are found, and severely punish enterprises that refuse to rectify according to law; If the circumstances are serious, it shall be deemed unqualified in the annual inspection, and its behavior shall be included in the bad credit record of the enterprise according to law. When the business license expires, it will not be renewed according to law, and the basic telecommunications enterprises should focus on their credit records when they cooperate with them to provide access services. I will combine letters and visits, reports and public opinions to organize supervision and spot checks in a timely manner.
(4) Improve the exit mechanism and do a good job in the aftermath.
Enterprises that do not meet the relevant licensing conditions or are listed in bad credit records due to violations shall not continue to develop new users. The issuing authority urges relevant enterprises to do a good job in the aftermath of users in accordance with the relevant provisions of the Measures for the Administration of Telecommunication Business Licenses during this period. Where an application for cancellation of business license is filed with the issuing authority, the issuing authority shall cancel the IDC and ISP business licenses of the enterprise according to law.
(5) Improve credit management and strengthen personnel training.
Give full play to the advantages of third-party organizations, study and establish IDC/ISP/CDN enterprise credit evaluation mechanism, comprehensively evaluate infrastructure, service quality, network and information security capabilities, guide enterprises to pay attention to their own credit status, improve management system construction, and standardize market operation. All communication administrations should strengthen skills training for relevant employees and constantly improve their professional quality and ability.
Fourth, the job requirements
Raise awareness and strengthen organizational leadership.
Cleaning up the market norms of Internet access services is an important part of strengthening the management and basic management of the Internet industry, which is of great significance for consolidating the management foundation and promoting the healthy and orderly development of the industry. All relevant units should designate relevant leaders to take the lead, strengthen organizational guarantee and do a good job in implementation.
All communication administrations, basic telecommunications enterprise groups and Internet service enterprises should earnestly perform their responsibilities, formulate work plans in accordance with the requirements of this notice, clarify the division of tasks, work progress and responsibilities, and refine the work and responsibilities to ensure that all tasks of this standardized clean-up work are completed on schedule.
(3) Strengthen communication and summarize and report regularly.
All communication administrations and basic telecommunications enterprise groups should strengthen communication and cooperation, sum up their work experience in a timely manner, and report the work progress to the Ministry (Information and Communication Administration) at the end of each quarter, and report any major problems to the Ministry at any time. Our department (Information and Communication Administration) will establish a notification system to regularly announce the progress of the clean-up work.
Ministry of Industry and Information Technology
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