| Summary: | 碩士 === 國立清華大學 === 科技法律研究所 === 102 === Since the features of telecommunication and broadcasting industry, most countries restrict foreign investments or ownership. The reasons include national security, protecting local culture, public interests, price, spectrum scarcity, and pluralism. Taiwan is no exception. However, Taiwan did not have strong reasons to restrict it, and foreign capital such as private fund is easy to find a loophole in law, therefore, it is not easy to regulate foreign investor in communication market.
This paper examines other countries’ regulating history and experience; we found that structural regulation is not the unique solution. For example, UK and German has no restrictions on foreign ownership but apply behavior regulation to promote competition and speed up the development of communication industry which is worth learning. Besides, America, Singapore, South Korea and Canada also loosen restrictions of foreign ownership of communications industry, which all shows the trend of deregulation. Furthermore, in the future of digital convergence, it is necessary to remove structural regulation and change into behavior regulation. Therefore, we conclude that Taiwan should get rid of structural regulation, and use behavior regulation in order to bringing positive effects by stimulating Taiwan’s communications and broadcasting market.
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