Legal Analysis of Cable TV Routing Conflicts

• Main Authors: Shu-yuan Han, 韓淑媛
• Other Authors: yachee
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/03022776672976405445

碩士 === 國立中山大學 === 傳播管理研究所 === 94 === Cable TV refers to the transmission of visual and audio signals to the public by laying cables. Article 5 of the Cable Radio and Television Law says: “System operators installing the networks themselves shall apply to the roads authority for approval if the networks are to be laid underground…” The roads authority on the regional level is the Township Office. Road right granted by the roads authority is usually valid for one year. Cable TV is a licensed business; business licenses issued by the Government Information Office, Executive Yuan are in 9-year term. Although it is subject to the restrictions and regulations of the same laws as public utilities, the business does not enjoy the deserved protection. Hence, system operators often come across setbacks in their operation, which are undoubtedly potential threats to their survival and development. However, contrasting this to the development history of Taiwan’s cable TV industry, it seems from the result that the government institution has played a critical role. Importance of the government’s initiative to moderately liberalize the public goods for creation of an open environment, and to put more emphasis on the overall system planning for the industry development at different stages is beyond words. This study not only analyzes the impact of the Cable Radio and Television Law and regional laws on the system, but also takes real-life examples into consideration, to explain the importance of public interest and freedom of speech for liberalization of routing rights. The question is tackled in different approaches and from different viewpoints, in order to understand the problems and difficulties that system operators face when applying for routing rights from the Township Office. The study expects to provide some positive assistance and suggestions to the industry and the government, for avoidance of improper market intervention.