Network Neutrality and Broadband Policy in Taiwan —Comment on Decision of Taipei High Administrative Court Su-Tzu No. 99-1654*

Network Neutrality and Broadband Policy in Taiwan —Comment on Decision of Taipei High Administrative Court Su-Tzu No. 99-1654*

 

Title
Network Neutrality and Broadband Policy in Taiwan —Comment on Decision of Taipei High Administrative Court Su-Tzu No. 99-1654
Author
Chih-Liang Yeh, Chih-Yu Chen
Keywords
Network Neutrality, Digital Convergence, Discrimination, Broadband, Transparency
Abstract
Network neutrality is the issue about how the Internet service providers discriminate
their services, and this issue has raised in-depth discussion in the United
States and the European Union. In a recent court decision in Taiwan, the court
aimed to clarify whether the National Communications Commission (NCC) is empowered
to review the matters outside the scope of rate plans. In this case, the NCC
claimed that the additional condition is not only against the principle of network
neutrality, but the condition with maximum transmission limit is also against the principle of fair offerings of telecommunication services. Although the court decision
is not directly relevant to the network neutrality principle, there are certain
connections with network neutrality issue developed in the EU and the US regarding
the transparency and nondiscrimination. The EU is inclined to discuss the issue
from the angle of market competition, and it even adds the obligations of transparency
to its latest revisions to the directive in 2009. The US tends to regulate the
Internet through the network neutrality regulation, but it also adds the transparency
requirement to the new regulation. Both the US and the EU believe that the transparency
and nondiscrimination are the critical solutions to the network neutrality
issue, and that the more transparent in disclosing the network management information,
the more market competitive effects can be achieved. Probably the network
neutrality regulation is not necessary in Taiwan; rather, we just need more competition
in our broadband market.
Abstract Article

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