부가통신사업 실태조사의 합리적 집행을 위한 개선방안 연구

In 2008, a new regulation of factual survey for the value-added telecommunications business was introduced in the Telecommunications Business Act. The purpose was to diagnose the value-added telecommunications business market situation as concerns about anti-competitive behaviors by a small number of large operators have been raised. The factual survey may be regarded as an alternative to the market competition review used to identify the market and operators for the ex ante regulation, and typically applied to the facilities-based telecommunications business. However, the value-added telecommunications business has economic characteristics of two-sided market, cluster market and multihoming, and legal conditions like no entry licenses, making not suitable for ex ante regulation. Market definition and other methodologies of the market competition review are not easy to apply to this industry. The factual survey could be classified as one of the administrative investigations types, and should follow the legal limits of administrative law principles. The factual survey can be carried out rather moderated concept than a market competition review, focusing on the market structure analysis, etc. It is necessary to develope efficient way of process such as survey scope and survey content, based on the principle of duplicate surveys prevention. In addition, developing new indicators and specifying detailed data are important to achieve the objectives of the factual survey effectively.