Legal Study on Television Programs under Digital Convergence

• Main Authors: Yu, Hsin-Yu, 游幸瑜
• Other Authors: Yu, Chi-Min
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/40983104535619719939

碩士 === 東吳大學 === 法律學系 === 103 === Traditionally, telecommunications and communications industries are two major separate markets in Taiwan. In the telecommunications industry, Telecommunications Act is the core containing the regulations and rules governing several industries including fixed networks, wireless mobile communication, virtual networks, etc. In the communications industry, the media such as cable, wireless service and satellite has formed a distinctive sector which is governed and controlled by the Radio & Television Act. In recent years, the concept of communications convergence has emerged. In addition to the phenomenon of crossover operations between the conventional telecommunications industry and communications industry, various new forms of services in relation to video, audio and telecommunications, for example OTT services, have been created, developed and thriving. Moreover, it is even difficult to categorize these new forms into the telecommunications or communications industry, which is a challenge to the existing regulations and laws. Advanced countries such as the EU nations, the UK and the USA have revised the structure of the Communications Act at a wide span. For following the trend of highly developed convergence, National Communications Commission (NCC) has started considering to introduce the concept of a level-based regulatory structure to replace the previously existing vertical regulatory framework governing different industries such as telecommunications, radio and television, cable radio and television and satellite broadcasting. It is a three-level regulatory structure including “Network and Transmission”, “Operations and Services” as well as “Content and Applications”. With the development of digital convergence technologies, the traditional Television Programs have already presented different outlooks. After OTT services are combined with TVs in the living room of households via the Internet as the technological development advances, “Television Programs” no longer feature dedicated linear audiovisual content but are equipped with the functions to interact with subscribers.Under the above circumstances, how should our government deal with content control in terms of method and density? Therefore, this thesis is designed to analyze the current structure of the communications industry at the “Content and Applications Level” by referring to “Television Programs” being positioned and defined under digital convergence and related legal controversies. Meanwhile, the existing regulations and laws governing the programs of TV channels will be compiled and organized so as to introduce and analyze the revised drafts of the Telecommunications Act, Cable Radio and Television Act and Satellite Broadcasting Act by NCC in response to the convergence trend of the traditional communications industry. Then, the regulatory concept in line with the development of different types of platforms providing similar services is proposed to set the criteria for the competition and cooperation among various platforms and newly emerged media offering visual services.