碩士 / 國立海洋大學 / 海洋法律研究所 / 90 / Abstract
Despite that the characteristics of the Natural monopoly of the telecommunication industry that has been challenged and later led to an across-board deregulation movement worldwide, some experts take to the view that under the requisite of avoiding potential fraud amid a monopolistic market being that the intercity calling service is dictated by an intrinsic monopolistic characteristic of an enormous capital expenditure upfront and a low fringe capital later on to warrant that it be operated by one chosen operator. In Taiwan’s telecommunications deregulation move, as was likely drawn by the potential yield of a competitive market that would ultimately benefit the consumers, had had the licensing awarded to three fixed network operators, the new operators have turned to lobbying for wanting to share the local loop built by the only Incumbent Local Exchange Carriers（ILECs）, Chung Hwa Telecom, amid the red tape of road digging for wiring by local governments and as threatened by the enormous cost behind developing their own network infrastructure. And how the government authorities had had some aspects of the concept and implementation driven to surpass the current legal threshold in light of wanting to excel a competitive market environment has led to certain conflicts and dilemma in joggling between what is fair and what constitutes as fair competition in a legal sense. On the other hand, the lack of a comprehensive legal system in Taiwan’s jurisdiction rule on its territorial waters not only mislead a majority of people to believe that the Fishery Right or the Piscary which derived from the Fisheries Law, is superior than the right of laying submarine cables. But what the Ministry of Interiors has moved to promulgate of a “Permit measure for submarine cable laying, maintenance, modification and pipeline routing within the continental reefs of the Republic of China,” has lost sight in meditating what has been stipulated under clause 2 and clause 3, article 79 of the United nations on the Law of the Sea Convention, that neither referred to submarine cables. With a wide range of technicality behind the telecommunication industry, the study will attempt not only to collect as much peripheral information to showcase the technical concept but would also try to profile the pros and cons of Taiwan’s current telecommunications legislation from the standpoint of law to map out a more legitimate legal footing in governing submarine cables as a main pursuit that the research center anticipates of the competent government authority in streamlining the issue of submarine cables under an independent legal ruling.
| Identifer | oai:union.ndltd.org:TW/090NTOU0273002 |
| Date | January 2002 |
| Creators | Chuck Lee, 李成功 |
| Contributors | 尹章華 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 154 |
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