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A Preliminary Study Of Administration And Remedies On The Sharable Telecom Facilities Under The Grobal Background

Posted on:2006-05-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Z ZhangFull Text:PDF
GTID:1116360182491415Subject:Constitution and Administrative Law
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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 arised.The specifications for the telecommunication infrastructure in Taiwan 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...
Keywords/Search Tags:the sharable telecom facilities, administrative litigation, administrative remedy, public property right, road right, essential facilities, Type, applicability of analogy, public interest, administrative control issues, the administrative tribunal
PDF Full Text Request
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