Issues: Getting Organized
A proposed new law to create a National Communications Commission has not yet been passed.
A proposed new law to create a National Communications Commission has not yet been passed.
During the recent calls for phasing out the Government Information Office (GIO), little attention was paid to a related bit of government reorganization -- plans for a new agency to regulate the broadcast and telecommunications industries -- that may have even greater long-term significance.
The proposed National Communications Commission (NCC) would have responsibility for regulating and enforcing the licensing, operational management, and technical aspects of Taiwan's broadcast and telecommunications laws. Because it will bring the previously separate broadcast and telecom functions together, the new body is being referred to as the "convergent regulator." In that capacity, it would take over the roles currently played by the Directorate General of Telecommunications under the Ministry of Communications and Transportation (MOTC) and of the GIO's Radio & Television Affairs Department.
At first glance, the NCC looks much like the U.S. Federal Communications Commission (FCC) -- and in fact, the original idea was to model the Taiwan organization closely on its American counterpart. But on closer inspection, the NCC plan appears to have been somewhat watered down from the initial conception. Instead of serving as a front-line specialized agency as in an earlier draft of the proposal, the commission is now viewed as playing an enforcement role only, while a revamped MOTC takes care of communications policy. ?br>
The idea of creating a convergent regulator has been discussed for years and is meant to simplify the regulatory process as well as to resolve regulatory conflicts arising from the increasingly blurred lines between telecom carriers and TV broadcasters. When Chunghwa Telecom (CHT) started offering its multimedia-on-demand service, for example, GIO called upon CHT to obtain a CATV license. After all, CHT was broadcasting content directly into people's homes. The state-owned carrier saw it differently, noting that its activities were already permitted under the current Telecommunications Law, regulated by the MOTC. In the end, CHT won the dispute by arguing that since viewers are watching the content on their computers as opposed to TV sets, no "broadcasting" services are involved. But the controversy underscored the current state of confusion.
"If we simplify [the system], it would benefit carriers and broadcasters" as well as consumers, says June E. Su, a lawyer at Yangming Partners and co-chairman of AmCham's telecommunications committee. She describes the move toward an NCC as a "very bold step" by the government.
AmCham has been urging creation of the NCC "without delay" to prevent any negative impact on the development of the telecommunications market. But so far the necessary legislation has not yet been sent to the Legislative Yuan, and the earliest date for passage is now considered to be the beginning of next year.
[box] One Auto Safety Standard or Two?
U.S. automobile companies are concerned about statements from Taiwan officials that the government plans to phase in European-standard safety regulations. So far there has been no indication whether those regulations would be used in addition to U.S. regulations or instead of them.
AmCham's Transportation Committee cautions that replacement of U.S. regulations would result in the elimination of most non-European automobiles?from the Taiwan market. Members of the committee are planning to ask the government for clarification.
