지상파방송사업자 채널사용사업에 대한 비대칭적 규제의 타당성 검토: 방송법 시행령 제4조 3항을 중심으로

This study aims to investigate the legitimacy of the asymmetric regulation against terrestrial broadcasting business operators in MVPDs market. Currently, a terrestrial broadcasting business operator can not provide program service in excess of 3/100 of the total number of business operators. This regulation is to activate the production and distribution of broadcasting programs and to enhance the diversity of program audience can select. To find out if it is adequate and tailored to accomplish the goal of regulation, scheduling strategies and performances of terrestrial broadcasting PPs are compared with those of non-terrestrial PPs in some genres in which terrestrial broadcasting operators are providing program services.
The results show that the terrestrial broadcasting PPs has excluded the non-terrestrial broadcasting PPs by making use of long holdback period in drama genre, while the holdback of entertainment genre is not relatively so long. Non-terrestrial MPPs have made efforts to produce new and differentiated programs, and the positive performance has begun to take effect. Meanwhile, terrestrial broadcasting PPs produce programs which are barely aired through terrestrial window in sports and game genres. There are no significant differences of program supplies and performances between terrestrial and non-terrestrial MPPs in these genres. It suggests non-terrestrial MPPs have reinforced the production capability competitively in some genres. If terrestrial broadcasting operators can launch a channel which consists of first-run programs, the diversity will be enhanced. The positive effect will be larger than anti-competitive effect, which is likely to occur through a means of limiting total market share of one operator. The study implies that it is necessary to relieve asymmetric entry regulation against the terrestrial broadcasting PPs.