IPTV와 유료 방송시장의 경쟁 ․ 규제에 관한 법적 고찰

As telecommunication and broadcasting technically converge, it makes also political, social and cultural change of our life. The new IPTV service as a fruit of such convergence is actually in Nov.2008 launched. It may compete with the Cable TV, the satellite TV in the same relevant market, i.e. the pay-tv market. The competitive situation of the new market should be monitored and analysed in detail. IPTV law aims at the effective competition and the protection of user’s interest. For example, facility providers have obligation to offer his facilities with good condition to IPTV service companies even if competitors. Contents provider cannot refuse to deal to IPTV service provider without a proper reason. But some provisions of the law such as limitation of market share, prohibition of market power leverage of the network provider would not be effective to keep free competition of the broadcasting market. KCC is the regulatory body, which has the power of giving permission to manage IPTV business as well as of imposing administrative penalties and corrective measures. It has responsibility to make a good regulatory system in the new converged market. Importantly should the KCC cooperate and coordinate more with the competition authority in relation to implementing law.