• Title, Summary, Keyword: Horizontal Regulatory Framework

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Establishment Method of the Regulatory Framework for Communications Reflecting the Ecosystem Elements (생태계 요소를 반영한 방송통신 규제체계의 정립 방안)

  • Hong, Dae-Sik;Choe, Dong-Uk
    • Journal of Legislation Research
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    • no.41
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    • pp.401-434
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    • 2011
  • The discussion on the adoption of the horizontal regulatory framework is underway to overcome the problems regarding the vertical regulatory framework resulting from a convergence of broadcasting and telecommunications services. Recently, however, the horizontal regulatory framework shows its limitation to regulate the ecosystem established mainly by Google and Apple. The existing horizontal regulatory framework does not fully reflect the characteristics of the two-sided market and the change in the competition structure in the broadcasting and telecommunications sector. What is important to note is that if the existing horizontal regulatory framework is simply applied to the ecosystem, a regulatory imbalance can be caused among ecosystems. The existing horizontal regulatory framework, which is subject to a value chain structure, categorizes business entities into either contents layer or transmission layer and applies the same regulation to all business entities in the same category. However, in the ecosystem, a keystone-player can be categorized into different layers depending on its strategy. Therefore, if the existing horizontal regulatory framework is applied as it is, the regulatory imbalance between keystone-players located in less regulated areas and keystone-players located in more regulated areas occurs resulting in a distortion of competition. There are two possible ways to establish a new regulatory framework to prevent the distortion of competition likely to be caused by the adoption of a horizontal regulatory system. First, a new ecosystem regulatory framework different from the existing one can be established. Second, the horizontal regulatory framework can be modified to reflect the ecosystem elements. The first approach is hard to adopt given the current situation as the approach requires the analysis of all broadcasting and telecommunications ecosystems including mobile and wired services; currently research and study on the competition conditions in the ecosystems is not enough. Therefore, this paper supports the second approach proposing a modified horizontal regulatory framework through the improvement of institutions and remedies suitable for accommodating the ecosystem elements. This paper intends to propose a way to regulate broadcasting and telecommunications ecosystems taking into consideration the ecosystem elements on top of the Telecommunications Business Act, Broadcasting Act, IPTV Act, the competition condition evaluation system of the Basic Act on Broadcasting and Telecommunications Development, and regulation on common carriers under the Telecommunications Business Act.

An Amendment Suggestion on the Radio Wave Act for Horizontal Regulatory Framework Based on a Master Plan for Radio Wave Promotion of 2019 (제3차 전파진흥기본계획에 따른 수평적 규제체계로의 전파법 개정 제안)

  • Oh, Byoung-Cheol
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.30 no.6
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    • pp.427-437
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    • 2019
  • In January, 2019, the Ministry of Science and ICT announced the third edition of Master Plans for Radio Wave Promotion, effective from 2019 to 2023. The focus of this plan is to implement market based radio wave policy and horizontal regulatory framework. Although it appears to be past due, such change in the radio wave policy is not only fair and structured, but also unprecedented and ground breaking in legality. In order to successfully implement market based radio wave policy and horizontal regulatory framework, we must implement identical radio wave license based on license with consideration and time-limited usage. Through this, efficient distribution of finite radio wave resource may come to reality. Furthermore, there must be an effort to include life style regulation on license into radio wave act in the future.

The Evaluation on EU′s Info-Communication Regulatory Policy in Preparation for Media Convergence (미디어 융합에 대응한 EU의 통신규제정책에 대한 평가)

  • Kim Pang-Ryong
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.29 no.11B
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    • pp.1001-1011
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    • 2004
  • The structure of info-communications industry has been changing from vertical integration to horizontal layered disintegration as the Internet technology has been rapidly developed. Considering with this background, EU has decided to introduce new regulatory framework called 2003 framework and asked member states to shift to new framework by July 2003. The key words of the new framework is to be denoted by the following three characteristics: Introduction of cross-media regulatory framework Alleviation of entry regulation by general authorization, Transition from ex ante regulation to ex post regulation.

Improving the Ownership Regulation in the Broadcasting Industry (방송사업의 소유겸영규제 개선)

  • LEE, Suil
    • KDI Journal of Economic Policy
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    • v.33 no.4
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    • pp.85-118
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    • 2011
  • This paper uses the horizontal regulation system as the base analysis framework. The study clearly defines the regulatory goals of the followings: the horizontal cross-ownership regulations on program provider (PP) and platform provider, the vertical regulation on cross-ownership between PP and platform operator, the regulation on cross-ownership of program provider by terrestrial broadcasting company, and the regulation on cross-ownership between terrestrial broadcasting company and platform provider. Then, by analyzing the conformity between goals and criteria of regulations and the adequacy of the regulation level according to regulatory purposes, this paper examines the justifiability of each regulation and extracts improvement measures that suite regulatory purposes. This analysis finds following appropriate measures: replacing the horizontal cross-ownership regulation on PP with conduct regulations, such as designating major broadcasting programs or replacing the current criterion of cross-ownership regulation from sales to the audience market share; reshaping the horizontal cross-ownership regulation on platform provider so that system operator (SO), satellite broadcaster and Internet protocol television (IPTV) operator would be applied by the same regulation based on the number of subscribers of pay television services; and discontinuing other cross-ownership regulation. In this way, the study shows that with appropriate regulations on cross-ownership of PP, there would be no need for additional regulation on vertical integration between PP and platform operator. On the other hand, given that the regulation on terrestrial broadcasting cross-ownership of PP could be justified only by regulatory purpose of the protection of the diversity of public opinions, it would be desirable to replace the current criteria of the number of PPs with the criteria of the audience market share. Lastly, the study shows that when platform operator is targeted by the cross-ownership regulation based on the number of subscribers of pay television services, the regulation on cross-ownership between terrestrial broadcasting company and platform provider should be replaced with conduct regulations, such as designating must-offer channels and major broadcasting programs.

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Content Regulation: Meeting the Regulatory Challenge in the Age of Media Convergence (미디어 융합시대 콘텐츠 규제방안과 과제 - 심의제도를 중심으로 -)

  • Ahn, Jung-Mihn
    • Journal of Legislation Research
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    • no.44
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    • pp.155-184
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    • 2013
  • This study takes a critical perspective that current vertical regulatory framework for broadcasting, telecommunications, films and games cannot cope with media development in the age of convergence. Changes in media environment mitigate the uniqueness of terrestrial television causing doubts as to why television contents should be treated more strictly than the rest of media contents. Consensus is being reached that horizontal regulation would be the appropriate regulatory measure for media contents. However, which content should be aligned to what level of regulations have not been fully dealt with. The paper shows that the current regulatory framework which is established according to each delivery platform is no longer valid in convergent media environment. It shows why all content regulation should be applied in platform neutral manner. Then it also suggests both short and long term regulatory changes that need to be made in order to meet the future challenges in media convergence era.

Future IPTV Service's Shift and Policy Issues in Convergence Environments (컨버전스 관점에서 미래 IPTV 서비스 변화와 정책이슈 전망)

  • Lee, Myung-Soon;Lee, Young-Hee;Kim, Moon-Sun
    • Journal of Digital Convergence
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    • v.11 no.5
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    • pp.13-21
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    • 2013
  • IPTV Service, a convergence service of broadcasting, seems to have great potential as a nation's future growth driver for the 21st century. As IPTV service is future-oriented industry, adopting IPTV policy by freeing oneself from shortsighted policy and considering long-term strategy and rapidly changing convergence environment would be desirable. Therefore, the purpose of this research is to deduct future IPTV service under convergence environment by applying T.A.I.D.A, which is strategy planning tool effective for planning mid-long strategy, under uncertain environment among scenario method and offer new policy direction in order to realize future IPTV service.