Merger Control of Telecom and Broadcasting industries- The Decentralization and Operation under Dual Normal Regulation Structure
Date Issued
2014
Date
2014
Author(s)
Chang, Cheng-Hsien
Abstract
Both Fair Trade Commission for competent authorities of Competition Act and NCC of the industrial competent authority should have regulatory authorities in the combining of national communications industries. Therefore, the dual normal regulation structure is used for the combing of communications industries under the national legal institution. Under this kind of regulation structure, what we have to clarify and confront in subsequence are the right boundary and the division of labor between Fair Trade Commission for competent authorities of Competition Act and NCC of the industrial competent authority. Fair Trade Commission for competent authorities of Competition Act possesses the professional competency of cross-industrial competitive assay in market structure and market competition order maintaining, which could ensure that the market competition won’t be reduced actually or competition order won’t be invaded by monopoly when the communications industries combine. On the other hand, NCC of the industrial competent authority possesses the professional competency of telecommunication regulation, communications policy and involvement in various kinds of non-economic factors which could ensure that the combing policy is suitable for related public profits pursued by the telecommunication and broadcasting law. However, under the division of labor of the two commissions, this paper based on all sorts of problems in the several cases of communications industrial combination happened in Taiwan in recent years, extend consciousness of problems for continue discussing that NCC of the industrial competent authority has endowed rights which were expressly stipulated by laws when telecommunications of the first kind combine only, but what will NCC do if Authorization Act absent in accordance with regulation, except that the two commissions have ambiguity aim at punishment reasons. Article 12 of Fairness Act considers what relationship between the overall economic benefit and the industrial development. The combination of mass communication industries, that is, because media has no world-wide influence and has no function of shaping public opinion, what would NCC do to fulfill its duty, unscramble the judgment of diversification which is abstract but cannot be ignored, and maintain the free opinion flow about the Market for Ideas. And then, involved with the case of cable TV system combination, what will the two commissions do to deal with the affirmation of character, the development of cable TV digitization, cross-media effect under the conglomerate merger and some other issues? Thus, both disparities of the decisions under the dual normal regulation structure and the queries of Incidental Provisions of Administrative Dispositions are the problems to be solved under the national laws. According to the problems mentioned above, under the trend of digital convergence and ideological trend of deregulation in communications industries nowadays, and with the development of IPTV and MOD, it is more significant to delimit responsibilities clearly between two commissions in the future. After referring to some related instances of legislation in US, EU and UK, it was wished to get some inspiration from the comparative law. In some other words, not only the regulations of the two commissions aiming at the combination of the communications industries under the current legal system, such as how to regulate, were proposed, but also the suggestions of official construction in legislation. Going ahead in a monolithic way determines the direction of office so as to promote competition, do good to industrial development, increase consumer benefit and create a public-private win-win situation in the end.
Subjects
數位匯流
多元化
結除管制
雙元規範
多角化結合
行政處分附款
言論市場
跨媒體效應
整體經濟利益
Type
thesis
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