The case in which Shi Yuchen, the user of the Chinese personal access system known as Little Smart, sued China's Ministry of Industry and Information Technology, has been rejected by the court in Beijing.

Shi told local media that on February 24, 2009, he sued the MIIT at the Beijing No.1 Intermediate People's Court, because MIIT had published a notice which stated it had decided to withdraw the 1900-1920MHz frequency band, which was previously allocated to the Little Smart mobile service and Shi believes the notice was a compulsory termination of the telecommunication service contract, which infringed his rights over using the Little Smart service.

In addition, according to the Administrative License Law, a public hearing should be held when deciding major administrative issues. However, MIIT did not inform the users or hold a public hearing, which is an abuse of its market dominating position, said Shi.

Shi said that to protect the rights of himself and other consumers, he asked the court to decide whether the document from MIIT is illegal and if so, to have MIIT withdraw the document. But the case has been rejected by the Beijing No.1 Intermediate People's Court, which says the case fails to meet conditions for a legal claim.

Prior to this, Li Yi, director of MIIT, said if the termination of Little Smart will cause major fee changes to the 70 million Little Smart users, who are expected to switch to other telecommunication networks such as CDMA or GSM, a public hearing should be held to give full consideration of the rights of these users.


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