A Preliminary Study of the Institutional and Operational Issues on the Sharable Telecom Facilities under the Policy of Telecom Liberalization
|關鍵字:||共用性電信設施;公設地上權;路權;事物之本質;類型;類推適用;公益;管理課題;the sharable telecom facilities;public property right;road right;essential qualities of objects;Type;applicability of analogy;public interest;operational issues|
In response to the liberalization of global telecommunications and observance of undertakings for accession to World Trade Organization (WTO), a national telecommunication company was established to replace the government controlled telecommunication monopoly by referring to the experiences of industrialized countries. The liberalization of telecommunications was phased in 1997 in relaxation of the wireless mobile telecommunications businesses till 2000 for relaxation of investment in facilities-based service, which is called the fix network operator at present stage. The business triggers the redistribution of these very few resources by taking advantage of natural resources, such as radio frequency and operation on very few lands, in the process of government controlled monopoly through to oligopoly that relaxes the market territory. The conflict of interests cannot be avoided growing, yet the dilemma of redistributing resources is even more difficult to handle, comparing to that of resource distribution. For instance, the facilities based channels are monopoly that the business owners have to build up their own channel facilities with zero albeit the relaxation of fix network operation. Each business is required to establish with paid-up capital of forty billion new Taiwan dollars and with a minimum system capacity of a million phone’s numbers or ports, and to start business with 150 thousand phone’s numbers at the threshold of operation in order to achieve the goal set by the government that broadband network shall be widely established. Under such circumstances, the business owner shall finish the layout of facilities channel and broadband networks within the specified time frame. At this stage, the incumbent business owners who own the majority of infrastructure become the market dominator, while the entrants encounter the challenge of establishing new infrastructure and fail to cross the threshold of market possession, therefore, the disputes arise. The specifications for the telecommunication infrastructure in the Republic of China are established in accordance with the EU network and operation on sharable facilities. With a view of the uniqueness concerning the time frame and adopted measures for liberalization of telecommunications industry in this country, and in consideration of nationalization of foreign laws, it is required to conduct study in-depth and widely on local telecommunication market and its environment. So, the study to explore this issue. The study is conducted based on analysis and argument in four areas and come to conclusion as follows: 1. Induction in the disputes on operation in “telecommunication facilities” (construction, use and maintenance): the study attempts to discover the essential qualities of “telecommunication facilities” based on its “originality”, the causes that the issues incur, and classification of various “sharable” basic and changeable type telecommunication facilities according to “Type” methodology. 2. Assumption and analysis on major operational issues of sharable “telecommunication facilities” in the process of telecommunication liberalization. The management issues are set in respect of: (1) property right; (2) scarcity of resources; (3) public interest; (4) operational efficiency; (5) fair play. 3. Proposition of principles for recognition and review: based on the five operational issues as mentioned in previous paragraph, the following four principles for recognition and review will be induced and proved: (1) absolutely sharable; (2) flexibly sharable; (3) non-declinable sharable; (4) non-sharable. 4. Based on the recognition of “Type” specified in previous paragraph, a system of perational structure for “sharable telecommunication facilities” will be proposed: such as a sharable infrastructure being established on basis of existing sharable facilities and newly constructed facilities, and procedure for inference and implementation on business sharing, as well as the code for sharable and cooperative duties and obligations for business owners. The study is conducted on the issues regarding the operation of construction, use and maintenance of sharable telecom facilities in the process of liberalization of telecommunications in this country in terms of operational system. The study attempts to explore and analyze the operational issues, and propose a system of “operational structure for sharable telecom facilities” that might decrease the disputes among business owners and facilitate to establish a fair play environment through liberalization.