주파수재할당 제도의 법적 문제 - 특히 재할당대가에 관한 쟁점을 중심으로 -

Abstract

When viewed largely, there are three points of disagreement between the government and operators regarding frequency reassignment price. The first is whether frequency reassignment is a binding act. Second, should the frequency reassignment price be calculated differently from the new frequency assignment price? Third is whether the frequency assignment price can be returned if the operator gives up the business. In this regard, frequency reassignment is a discretionary act, and frequency reassignment price must be calculated in the same manner as the new frequency reassignment price, and it is a principle that the frequency reassignment price cannot be returned if the business operator gives up the business, but the conclusion of this study is that it is exceptionally possible by the conditional administrative act in certain cases. In recent years, in the process of promoting frequency reassignment, the positions between the government and business operators were sharply opposed to whether it was appropriate to calculate the frequency reassignment price based on the past auction price, but fortunately, a reasonable solution was reached by mutual concessions. Based on this experience, it is important to institutionalize how to properly calculate the economic value of frequency in the future.