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  • 1.

    Regulatory and institutional structure
    Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?

  • 2.

    Authorisation/licensing regime
    Describe the authorisation or licensing regime.

  • 3.

    Flexibility in spectrum use
    Do spectrum licences generally specify the permitted use or is permitted use (fully or partly) unrestricted? Is licensed spectrum tradable or assignable?

  • 4.

    Ex-ante regulatory obligations
    Which communications markets and segments are subject to ex-ante regulation? What remedies may be imposed?

  • 5.

    Structural or functional separation
    Is there a legal basis for requiring structural or functional separation between an operator’s network and service activities? Has structural or functional separation been introduced or is it being contemplated?

  • 6.

    Universal service obligations and financing
    Outline any universal service obligations. How is provision of these services financed?

  • 7.

    Number allocation and portability
    Describe the number allocation scheme and number portability regime in your jurisdiction.

  • 8.

    Customer terms and conditions
    Are customer terms and conditions in the communications sector subject to specific rules?

  • 9.

    Net neutrality
    Are there limits on an internet service provider’s freedom to control or prioritise the type or source of data that it delivers? Are there any other specific regulations or guidelines on net neutrality?

  • 10.

    Platform regulation
    Is there specific legislation or regulation in place, and have there been any enforcement initiatives relating to digital platforms?

  • 11.

    Next-Generation-Access (NGA) networks
    Are there specific regulatory obligations applicable to NGA networks? Is there a government financial scheme to promote basic broadband or NGA broadband penetration?

  • 12.

    Data protection
    Is there a specific data protection regime applicable to the communications sector?

  • 13.

    Is there specific legislation or regulation in place concerning cybersecurity or network security in your jurisdiction?

  • 14.

    Big data
    Is there specific legislation or regulation in place, and have there been any enforcement initiatives in your jurisdiction, addressing the legal challenges raised by big data?

  • 15.

    Data localisation
    Are there any laws or regulations that require data to be stored locally in the jurisdiction?

  • 16.

    Key trends and expected changes
    Summarise the key emerging trends and hot topics in communications regulation in your jurisdiction.

  • 17.

    Regulatory and institutional structure
    Summarise the regulatory framework for the media sector in your jurisdiction.

  • 18.

    Ownership restrictions
    Do any foreign ownership restrictions apply to media services? Is the ownership or control of broadcasters otherwise restricted? Are there any regulations in relation to the cross-ownership of media companies, including radio, television and newspapers?

  • 19.

    Licensing requirements
    What are the licensing requirements for broadcasting, including the fees payable and the timescale for the necessary authorisations?

  • 20.

    Foreign programmes and local content requirements
    Are there any regulations concerning the broadcasting of foreign-produced programmes? Do the rules require a minimum amount of local content? What types of media fall outside this regime?

  • 21.

    How is broadcast media advertising regulated? Is online advertising subject to the same regulation?

  • 22.

    Must-carry obligations
    Are there regulations specifying a basic package of programmes that must be carried by operators’ broadcasting distribution networks? Is there a mechanism for financing the costs of such obligations?

  • 23.

    Regulation of new media content
    Is new media content and its delivery regulated differently from traditional broadcast media? How?

  • 24.

    Digital switchover
    When is the switchover from analogue to digital broadcasting required or when did it occur? How will radio frequencies freed up by the switchover be reallocated?

  • 25.

    Digital formats
    Does regulation restrict how broadcasters can use their spectrum?

  • 26.

    Media plurality
    Is there any process for assessing or regulating media plurality (or a similar concept) in your jurisdiction? May the authorities require companies to take any steps as a result of such an assessment?

  • 27.

    Key trends and expected changes
    Provide a summary of key emerging trends and hot topics in media regulation in your country.

  • 28.

    Regulatory agencies
    Which body or bodies regulate the communications and media sectors? Is the communications regulator separate from the broadcasting or antitrust regulator? Are there mechanisms to avoid conflicting jurisdiction? Is there a specific mechanism to ensure the consistent application of competition and sectoral regulation?

  • 29.

    Appeal procedure
    How can decisions of the regulators be challenged and on what bases?

  • 30.

    Competition law developments
    Describe the main competition law trends and key merger and antitrust decisions in the communications and media sectors in your jurisdiction over the past year.

  • Updates and trends

Founded in 1980, Seoul-based BKL is one of the premier law firms in Korea. We provide market-leading legal services in every practice area we cover, including Corporate/M&A, Capital Markets, Finance, Dispute Resolution, Antitrust, Tax, Intellectual Property, Employment, Real Estate, TMT, Maritime and Insurance.

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