All Three “crimes” When The Cell Phone Monthly Fee From The Historical Stage
After six months, the Beijing lawyer Zhou Ze and China Mobile Between the battle over the legality of the monthly fee eventually ended in reconciliation. Ze China Mobile to make 1,000 yuan compensation, and not to charge the monthly fee.
Zhou Ze recently told reporters that China Mobile is not known to provide any new service is standard, but many consumers have been looking for home to prepare for the defenders the same way.
Industry experts point out that the case ended in settlement, not only allows us to see hope, but also reflects the current lack of telecom tariff system for the field.
Monthly fee three “crimes”
This year’s “3? 15” Consumer Rights Day on the eve of the Beijing law firm asked the days of a lawsuit filed lawyer Zhou Ze, the China Mobile and China Mobile, Beijing successfully sued the company. Zhou Ze told reporters, according to the relevant provisions of anti-monopoly law, currently in the market strong Communicate Operators to charge the customers “monthly fee” with the abuse of dominant market position has been suspected, it was decided to discuss a statement.
7 30, Beijing Second Intermediate People’s Court official to monopolize the dispute to be placed on file for the cause of action, and on Sept. 7, Oct. 19 hearing to hear twice. In the suit, said Zhou Ze, a long time, China Mobile to its users a monthly fee of 50 January Ze basic fee, commonly known as the monthly fee. With the anti-monopoly law, which consumers are accustomed to the monthly fee, at least in three areas in conflict with existing laws and regulations.
First of all, Mobile Between the user and the operator does not exist Lease Relations, the so-called monthly fee and no real services; Secondly, the implementation of the various operators Mobile Tariff products, some monthly fees, some do not accept, provided Communicate Basically the same services, which are obviously different treatment and price discrimination; Third, the minimum monthly fee equivalent to one month consumption in fact 50 of the package, while the lowest consumption itself has violated the provisions of consumer law, fair consumer rights.
Zhou Ze that the special nature of mobile communications services and mobile phone numbers for the unique value of the user, the consumer can not resist the three, accounting for China Mobile Communications market 70% of the share of China Mobile, apparently suspected of abuse of dominant market position.
Fate of the monthly fee determined by whom?
If not call, communication resources, there is the cost of the occupation, this is the first country the existence of the base monthly fee. Some consumers believe that water companies, gas companies, bus company never received “monthly fee” to maintain the water plant, power station and a bus schedule, carriers now have a huge stable of customers, economies of scale have already covered the so-called “monthly cost”, the monthly fee is more like a market economy environment, the monopoly fees.
In fact, in the weeks before Ze has been questioned on the monthly fee. Anti-monopoly law on August 1 last year, the implementation date, the Bank of Beijing lawyer Dong Zhengwei law firm immediately suspected of the State Development and Reform Commission raised the monthly fee monopoly law enforcement request. Reply, said the NDRC, will combine the reform of telecommunications cancel telephone rental.
Zhou Ze told reporters in the court argued, the two sides over the legitimacy of the monthly fees start confrontation. China Mobile area show the “Ministry of Posts and Telecommunications on mobile phones to enhance the management and adjustment of mobile phone rates, notice” (1994) more than “ancient” documents as evidence, arguing that a government price monthly fee.
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