The Ministry of Industry and Information Technology, as you are familiar with, released the latest notice on January 22: the notice of the Ministry of Industry and Information Technology on cleaning up and regulating the Internet network access service market, the main purpose of which is to rectify the current Internet access providers, focusing on ISP IDC and CDN's unlicensed operation, however, one of the clauses in it makes everyone pay close attention to: "The problem of illegal cross-border business. Without the approval of the competent telecommunications department, 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. The international special lines leased by basic telecommunication enterprises to users shall establish user files in a centralized manner, and make it clear to users that the purpose of use is only for their internal office use, and shall not be used to connect domestic and overseas data centers or business platforms to carry out telecommunication business operations. " I believe that for some users, they may have to apply to the telecommunications department in the future to establish or rent cross-border special line services.
Attach the relevant documents of the Ministry of Industry and Information Technology And full text:
Ministry of Industry and Information Technology XGH [2017] No. 32
Communications administrations of provinces, autonomous regions and municipalities directly under the Central Government, China Information and Communication Research Institute, China Telecom Corporation, China Mobile Communications Corporation, China United Network Communications Group Co., Ltd., China Radio and Television Network Co., Ltd., CITIC Network Co., Ltd., business operators of interconnection data centers, Internet access services Content distribution network business operator:
In recent years, with the rapid development of network information technology and the vigorous development of cloud computing, big data and other applications, the Internet access service market in China is facing a rare development opportunity, but the signs of disorderly development also appear, and it is urgent to regulate. 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 carry out a nationwide clean-up and standardization of the Internet network access service market from today to March 31, 2018. Relevant matters are hereby notified as follows:
1、 Target Task
Investigate and deal with Internet data center (IDC) business, Internet access service (ISP) business and content distribution network (CDN) according to law Illegal behaviors such as unlicensed operation, out of scope operation and "layer upon layer sublease" exist in the business market. We should earnestly implement the responsibility of enterprises, strengthen the management of business licenses 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.
2、 Priorities
（1） Strengthen qualification management and investigate and deal with illegal business
1. All communication administrations shall conduct a thorough investigation on the enterprises providing IDC, ISP and CDN services within their jurisdiction, and put an end to the following illegal business practices:
(1) Operation without certificate. That is to say, the enterprise carries out IDC, ISP, CDN and other businesses in the local area without obtaining the corresponding telecom business license.
(2) Operating beyond the geographical scope. That is, the enterprise holds the corresponding telecom business license, and the business coverage region does not include the local region, but deploys IDC rooms and servers in the local area to carry out ISP access services.
(3) Operation beyond business scope. That is, the enterprise holds the telecom business license, but carries out IDC, ISP, CDN and other businesses in the local area beyond the licensed business types.
(4) Sublease and transfer the business license. That is to say, the enterprise holding the corresponding telecommunication business operation license provides qualification or resources for unlicensed enterprises to illegally operate telecommunication business in the name of technical cooperation.
2. If an enterprise that has held an IDC license before the implementation of the Classification Catalog of Telecommunication Services (2015 Edition) has actually carried out Internet resource collaboration service or CDN business, it shall, before March 31, 2017, make a written commitment to the original licensing authority to meet the relevant business license requirements by the end of 2017 and obtain a telecommunications business license for the corresponding business.
Those who fail to make commitments on time shall, from April 1, 2017, carry out business activities in strict accordance with the business scope specified in their business licenses, and shall not operate relevant businesses without permission. Those who fail to obtain the corresponding telecommunications business license as promised shall not operate the business from January 1, 2018.
（2） Strictly manage resources and prevent illegal use
All basic telecom enterprises and Internet network access service enterprises conduct a comprehensive self inspection on the use of network infrastructure, IP address, bandwidth and other network access resources, and earnestly rectify the following problems:
1. The management of network access resources is not in place. Each basic telecom enterprise shall strengthen the management of line resources, strictly review the qualification and purpose of the lessee, and shall not provide network infrastructure and network access resources such as IP address and bandwidth for operating IDC, ISP, CDN and other services to enterprises and individuals without corresponding telecom business license.
2. Illegal self construction or use of illegal resources. IDC, ISP, CDN enterprises shall not build communication transmission facilities without permission, and shall not use network infrastructure, IP address, bandwidth and other network access resources provided by units or individuals without corresponding telecommunications business license qualifications.
3. Sublease at different levels. IDC and ISP enterprises shall not sublet the IP address, bandwidth and other network access resources obtained by them to other enterprises to operate IDC, ISP and other businesses.
4. Illegal cross-border business. Without the approval of the competent telecommunications department, 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. The international special lines leased by basic telecommunication enterprises to users shall establish user files in a centralized manner, and clarify to users that the purpose of use is only for their internal office use, and shall not be used to connect domestic and overseas data centers or business platforms to carry out telecommunication business operations.
（3） Implement relevant requirements and consolidate management foundation
Implement the Ministry of Industry and Information Technology's Decision on Further Regulating Internet Data Center (IDC) Services and Internet Access Services (ISP) Notice on Business Market Access (Ministry of Industry and Information Technology DGH [2012] No. 552, hereinafter referred to as the Notice) on the requirements of funds, personnel, sites, facilities, technical solutions and information security management, and strengthen the whole process management before, during and after the event.
1. Enterprises that have obtained IDC and ISP licenses before December 1, 2012 shall refer to the requirements of the Circular on funds, personnel, sites, facilities, technical solutions, information security management, etc., build relevant systems, pass evaluation, and complete system docking.
Enterprises that have not yet met the relevant requirements shall, before March 31, 2017, make a written commitment to the original licensing authority to meet the relevant requirements by the end of 2017, pass the evaluation and complete the system docking work. If they fail to make the commitment on time or fail to complete the system docking through evaluation and testing on time, the communication administrations shall urge the corresponding enterprises to rectify.
Among them, all relevant enterprises shall, in accordance with the requirements of the Notice on Doing a Good Job in the Construction and Docking of Internet Information Security Management System, the Letter on Reporting the Docking of Internet Information Security Management System for National Value added IDC/ISP Enterprises, and the Measures for the Use and Operation Management of Internet Information Security Management System (Trial) (GXTNA [2016] No. 135), Complete the construction, evaluation and system docking of the Internet information security management system on schedule. If it is not completed on schedule, the annual inspection of the business license of telecom business in 2017 will not be passed.
2. Enterprises newly applying for IDC (Internet Resource Cooperation Service) business operation license need to build ICP/IP address/domain name information filing system, enterprise access resource management platform, information security management system, implement IDC machine room operation security and network information security requirements, and pass relevant evaluation.
3. Enterprises newly applying for CDN business license need to build ICP/IP address/domain name information filing system, enterprise access resource management platform, information security management system, implement network information security requirements, and pass relevant evaluation.
4. If an existing licensed IDC enterprise applies to expand its business coverage or add new computer rooms and business nodes within the original business coverage, it needs to meet the requirements of the Notice on IDC computer room operation security and network information security management within the new scope, and pass the relevant evaluation.
5. If the existing licensed ISP (including website access) enterprises apply for expanding business coverage, they need to meet the requirements of the Circular on network information security management in the new business coverage areas, and pass the relevant evaluation.
6. Existing licensed CDN enterprises applying for expanding business coverage or increasing bandwidth and business nodes in the original business coverage need to meet the requirements of the Notice on network information security management within the new scope, and pass the relevant evaluation.
3、 Safeguard measures
（1） Policy publicity, implementation and guidance, and good consulting services
All communication administration bureaus should make use of various ways to publicize, implement and interpret the policies, publish telephone calls to accept relevant reports and answer enterprise questions, and guide enterprises to carry out business activities legally as required. China Information and Communication Research Institute should do a good job in supporting relevant evaluation, and assist the Ministry and communication administrations in policy promotion and implementation, report acceptance, enterprise question answering, etc.
（2） Fully carry out self-examination and conscientiously clean up and rectify
Each basic telecom enterprise group company should organize its subordinate enterprises to conduct comprehensive self inspection, unify business procedures and relevant requirements, strengthen standardized management from the whole process of contract constraints, purpose review, accountability for violations, and strictly prevent the illegal use of various access resources; The existing problems shall be corrected immediately, and the relevant person in charge shall be held accountable.
All IDC, ISP and CDN enterprises shall implement their main responsibilities, conduct comprehensive self inspection and clearing according to the requirements of this notice, correct all kinds of violations in a timely manner, ensure the legality and compliance of business qualifications, standardize the use of network facilities and line resources, strengthen the construction of various management systems and pass the evaluation.
（3） Strengthen supervision and inspection, and strictly investigate violations
All communication administration bureaus strengthen the supervision and inspection of the implementation of enterprises, urge enterprises to rectify in time when finding violations, and seriously investigate and deal with enterprises that refuse to rectify in accordance with the law; If the circumstances are serious, it shall be deemed as unqualified in the annual inspection, and its behavior shall be listed in the bad credit record of the enterprise according to law. When the business license expires, it shall not be renewed according to law, and the basic telecommunications enterprise shall focus on its credit record when cooperating with it and providing access services. The Ministry will organize timely supervision and spot check in combination with complaint reporting and public opinion reflection.
（4） Perfect the exit mechanism and do a good job in dealing with the aftermath
Enterprises that fail to meet the relevant licensing requirements or are listed as having bad credit records due to violations shall not continue to develop new users. The license issuing authority urges the relevant enterprises to do a good job in dealing with the aftermath of users in accordance with the relevant provisions of the Measures for the Administration of Telecommunications Business License during this period. If an application for cancellation of business license is submitted to the license issuing authority, the license issuing authority shall cancel the IDC and ISP business license of the enterprise according to law.
（5） Improve credit management and strengthen personnel training
Actively give play to the advantages of third-party institutions, study and establish a credit evaluation mechanism for IDC/ISP/CDN enterprises, comprehensively evaluate from multiple dimensions such as infrastructure, service quality, network and information security assurance capabilities, and guide enterprises to attach importance to their own credit status, improve management system construction, and standardize market operation. All communication administrations should strengthen the skill training of relevant employees and constantly improve their professional quality and ability level.
4、 Job requirements
（1） Raise awareness and strengthen organizational leadership
It is an important part of strengthening the management and basic management of the Internet industry to carry out the standardized cleaning up of the Internet network access service market, which is of great significance to consolidate the management foundation and promote the healthy and orderly development of the industry. All relevant units shall designate relevant leaders to take the lead, strengthen organizational guarantee and implement it.
All communication administrations, basic telecom enterprise groups, and Internet network access service enterprises shall implement their responsibilities, formulate work plans according to the requirements of this circular, clarify the division of tasks, work progress, and responsibilities, detail the work and assign responsibilities to specific people, and ensure that all tasks of this standardized clean-up work are completed on schedule.
（3） Strengthen communication, summarize and report regularly
All communication administrations and basic telecom enterprise groups should strengthen communication and cooperation, summarize work experience in time, report work progress to the Ministry (Information and Communication Administration) at the end of each quarter, and report major problems to the Ministry at any time. The Ministry (Information and Communication Administration Bureau) will establish a system for reporting the situation and regularly publicize the progress of standardization and clean-up work to the society.
Ministry of Industry and Information Technology
January 17, 2017
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