미국 통신법 제310조의 특징 및 시사점

Abstract

This paper seeks to analyze the nature and implication of the Section 310 of the US Communication Act in the context of fact-finding for KORUS FTA negotiations, so that we may accurately capture the foreign ownership regulation in US telecommunications services sector. It is a general perception to date that the Section 310 is characterized by the complete market access guarantee to wire-line telecommunications segment and partial guarantee to wireless. Namely, only in the latter, US preserves 20 percent limitation on foreign direct investment, and no limitation on indirect. And foreign indirect investment beyond a certain quantitative benchmark is approved, on the proviso that it justifies US public interests. However, this paper finds that there exists a serious discrepancy between the general perception and the true nature of the Section 310, which seems to contribute to the enhancement of the Korea's negotiating power. In fact, the restriction on foreign direct investment applies to US telecommunications carriers almost in common, regardless of wire-line or wireless. In addition, it is confirmed that foreign ownership cannot be directly up to 20 percent under the current US regulation. As long as the public interest test is concerned, it has some elements to infringe the principle of national treatment, and its activation is basically determined by the very qualitative fact that foreign persons control a US telecommunications carrier, not by the quantitative benchmark.