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Improving the Interconnection rule of the Telecommunication Business Act

  • Informatization Policy
  • Abbr : 정보화정책
  • 2007, 14(4), pp.177-192
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

Hong, JoonHyung 1 Dae Keun Cho 2

1서울대학교
2

Accredited

ABSTRACT

This paper discusses legal-institutional aspects of the Interconnection as stipulated in the Telecommunication Business Act(TBA), which suffers from twofold deficiency: On one hand, there exists a conceptual confusion in defining scope of the operators carrying out interconnection with each other. On the other hand, there is no legal sanction to those operators avoiding the interconnection obligation, while internet technology enables them to have any-to-any connectivity without interconnection request. Two remedies are recommended: 1. Distinguishing the concept of interconnection into the interconnection per se and the other simple connection. The former is for facility based operators and specialized operators which retain interconnection elements, the latter is for specialized operators and value-added operators without them; 2. Imposition of the interconnection obligation on the applying for telecommunication service license. In case of breaching interconnection conditions, Section 15 of the TBA should be applied by the National Regulatory Authority.

Citation status

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