From Separation to Cooperation---Research on Abuses Prevention and Advantages Promotionfor Facility-based Competition in Telecommunications

• Main Authors: Tsung-Hsiung Wang, 王宗雄
• Other Authors: 黃銘傑
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/72995207108843832740

碩士 === 國立臺灣大學 === 法律學研究所 === 99 === The development of digital convergence and Next Generation Network (NGN) has matured in the recent years. This current State poses a challenge to asymmetric regulations, which are made on the basis of the former State monopolist with dominance position. Therefore, they should be comprehensively examined to see whether still in accordance with the purpose of promoting facility-based competition. The author firstly introduces the Responsibility of Government in consideration of public interest and dynamic innovation. Then, the analyses on the differences between competition law and sector-specific law are conducted. Lastly, the author examines the “Communications Regulator Act” (September, 2007) and the revised draft of Telecommunications Law (May, 2011) according to the experience of reform in telecommunication and the measures of supervision about NGN in each developed country. This study suggests that telecommunication regulations should be established based on the purpose of promoting competition. The definition of market and Essential Facility Theory should be in accordance with the Competition Law. Regulators should review the existing asymmetric regulations for the concerns of legitimacy, necessity, and effectiveness. It can be applied as an exception only when the three-steps rule of EU Commission is passed. Besides, NCC should encourage Chunghwa Telecom, the dominator in the telecom market of Taiwan, to practice functional separation on a voluntary basis. The measure of unbundled access should be suitable for DSL network but not FTTX. As for the FTTX, it could be classified as a contestable market because there is no difference in cost and limitations between incumbents and new competitors. Therefore, NCC should declare that FTTX network is one emerging market with no obliged access, thus offering Chunghwa Telecom incentive to devote to building FTTX infra network without hesitation. At the same time, Chunghwa Telecom still has to coordinate with the functional separation to achieve transparency and equal access by means of unbundling and accounting separation. In conclusion, Chunghwa Telecom should be motivated to build FTTX infra network with no pricing rule and forced-access regulation. The new competitors have two choices. One is to do service-based competition and access the incumbent infra network in a cooperative attitude. The other is to take the business judgment and scope economy into consideration, and then new competitors can decide whether or not to build their own new NGN infra based on the Investment Ladder Theory. Therefore it is hoped that the telecommunication industry would run under the condition of facility-based competition condition to boost the development of telecommunication business and further increase the consumers’ welfare.