방송통신 규제 개편 방안

Abstract

Technological and marketplace developments have forced a re-thinking of the premises of communications regulation. Advances in transmission technologies (both wireless and fixed), in computerized switching have fundamentally altered the marketplace. Innovative digital services and broadband networks are radically changing the frontier of the possible, bringing new competitors into the marketplace. The digitalization of transmission and content has had two long- anticipated but now increasingly recognized effects. Communications services long associated with only one transmission technology are now provided over many. The growing success of VoIP is only the most recent and extreme example: broadband platforms can provide the full range of communications services, from voice, to data, to video. Moreover, digitalization is creating increased competition among carriers previously isolated to single services. Those companies previously known as cable television companies are providing voice services to residential customers; those previously known as “telephone companies” are deploying fiber to provide their own “triple play” of voice, video, and high-speed data services. These developments challenge the fundamental underpinnings of broadcasting & communications regulation. The Communications Acts in many countries were principally concerned about control of monopoly power. And under laws, specific regulatory treatment is based on the techno-functional characteristics of the services those carriers are providing. But recognizing the circumstance in technology and marketplace, many have called for a re-write of the Communications Act. It is in service of these calls that The Progress and Freedom Foundation in united states has organized the Digital Age Communications Act(DACA) project. DACA’s paradigm shifts from ‘stove-pipes’ regulation model to ‘layers’ regulation model. The Layers Model is a horizontal regulatory model based on the premise that telecommunications regulatory boundaries should focus on the network characteristics of modern broadband networks, rather than the outdated definitions of the existing Act. Moreover, The overall DACA regulatory framework is rooted in competition policy. The new law-making trends of the communications regulatory system in foreign countries including united states will give us some lessons.