IPTV법상 설비동등제공과 필수설비이론 정비이론

In January 2008 Korea enacted Internet Multimedia Broadcasting Act, which is commonly called as IPTV Act. Despite its limited scope, this Act is significant in that it provides legal basis for a representative convergent multimedia service. This article analyses the equal access clause, one of the most controversial provisions of the Act, in the light of relevant domestic and foreign legislations and theories. Article 14 of the IPTV Act states that IPTV broadcaster should allow competing companies equal access to its facilities which are essential for its competitors to provide IPTV service unless there is reasonable justification for not doing so. This paper points out that this clause is an application of the essential facilities doctrine which has been developed through US, EC and Korean case laws and legislations especially in the telecommunications and antitrust area. It is thus submitted that the equal access clause of the IPTV Act should be interpreted and applied in harmony with the relevant clauses of Telecommunications Business Act and Fair Competition Act rather than excluding the role of the latter provisions. Foreign experience shows that the new market entrants who used to borrow backbone networks and resort to local loop unbundled facilities are now start to roll out fiber optic internet lines in order to secure service stability. Policy makers are recommended to mold regulatory framework which is sensitive to changes in market environment and able to induce positive developments in the market. From these considerations, this article argues that the initial strong obligation of equal access to essential facilities should be reframed to soften its regulation and provide incentives for all market participants including new entrants to contribute to rolling out high capacity networks in the long run.