AbstractThe current regulation on communication in Taiwan adopts the “ the regulation based on the category of the communication media ” principle. In other words, the current regulation system on communication is enacting professional law in accordance with the category of communication media and the distinction of the communication content. As time goes by, the phenomenon of “ digital convergence” occurs on account of the development of digital compress technologies and the progress of the communication technologies. Digital convergence means that different carriers can carry the same content and service. Hence, there is a problem about whether “ the regulation based on the category of the communication media ” principle can be adopted? Moreover, the condition of cross-ownership taking by digital convergence also cause the crux concerning the maintenance of the cultural diversity and the fair and competitive market order. For instance, Significant Market Power will make use of their dominant position to destroy fair and square competition.
The Judicial Yuan’s Interpretation No. 613 has mentioned that the freedom of communication is protected by Constitution. However, the concrete content of the freedom of communication is vague. This paper will build up the content of the freedom of communication through the functional construction of the freedom of communication. And by way of content, the article indicates some aspect to cope with the problem caused by digital convergence. In addition, this paper will introduce the regulative methods of telecommunications sector. For example, asymmetric regulation, essential facilities doctrine, structure regulation, behavior regulation, and interconnection will be introduced in this paper.
|Date of Award||2009 Jan 23|
|Supervisor||Yue-Dian Hsu (Supervisor)|