The Independent National Communication Commision(NCC) in Taiwan was established at 2006 at the time of liberalization and convergence globally. It has been served as the authority responsible for regulating telecommunications and broadcasting services. Originally, this authority belonged to both the Directorate General of Telecommunications and the Department of Broadcasting Affairs of the Government Information office; the merged mandate of the NCC is a milestone which is indicative of the advent of digital convergence.
Controversies followed (Chen & Hsung, 2008, Shih, 2009, Peng, 2011, Huang, 2014, Chen, 2015, Su, 2016), including the politial representation of the commissioners, the financial and personnel supports from the government, the relationships with the different stakeholders, and the priorities of revising/making communication laws.
As the first legitimate regulatory agency in Taiwan independent from an executive branch. Ideally, NCC has to coordinate the efforts of the executive and legislative branches, as well as the private sector to respond to the rapid development, expectations of the public, and the transformation of society in the 21st century. But the Western model of Independent agency faced a lot of problems since the first day she was born in Taiwan.
The Fundamental Communications Act set mandate for the purpose, missions, and organization of the independent agency. A recent study (Chen, 2015) has found, however, that two major parties, the KMT and DPP in Taiwan was not willing to implement the independence and authorize power to them. For the existing stakeholders and newly internet business, NCC has no appropriate laws to deal with it. And whether revised the existing laws or design a new convergence law arouse a lot of debates these years.
Could an independent regulatory model borrowed from the West adjust and function well in different soil? What kind of problems, issues raised and solved? This study will try to examine the independence of Independent Agency in Taiwan by looking at its constitutional status, compositions of the commissioners and the efforts to deal with the changing enviornment of digital convergence.