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民营化与自由化改革关系密切,亦存在张力与冲突。我国台湾地区民营化后的中华电信仅短暂经历移动通讯市场龙头地位不保的局面,旋即凭借剩余独占市场地位,搭配网络效益,以及民营化后的灵活营销手法,屡屡限制市场竞争,使得所有其他新进业者都仰赖其移动与固定网络,消费者权益未获应有保障,与电信自由化政策目标相去甚远。中国大陆电信业改革实践中也同样遭遇超高定价攫取超额利润,严重损害消费者利益和宽带低效掣肘产业发展无法释放带动效应等问题。两岸比较下,后民营化时代我国台湾地区应从行业管制和公司治理两个层面进行革新:前者包括制度面尽速开放用户回路,执法面强化管制与加强协调;后者包括变更持股机关、强化董事会功能、明定中华电信政策任务。而中国大陆民营化和自由化审慎缓进过程中则宜记取民营化与自由化不可混为一谈,彻底民营化与自由化并无必然关联,批发部门功能分离应作为三大电信公司治理的基本原则,并尽速制定颁行富有前瞻性和回应三网融合的《通讯传播法》。
Privatization and liberalization reform are closely linked with the tension and conflict. After the privatization of Taiwan in China, Chunghwa Telecom only briefly experienced the leading position in the mobile communications market, and immediately relied on the remaining exclusive market position, with the network efficiency, and flexible marketing practices after privatization, which frequently restricted market competition and caused all other New entrants rely on their mobile and fixed networks, and their rights and interests have not been properly protected, far from the goal of liberalizing telecommunications. In the practice of China’s telecom industry, the reform of telecommunications industry has also encountered such problems as ultra-high pricing, excessive profits, serious damage to consumers’ interests, and the ineffectiveness of broadband inefficiencies in industrial development. After the comparison between the two sides of the Taiwan Strait and the post-privatization era, Taiwan in our country should make innovations from the aspects of industry regulation and corporate governance. The former includes opening up user circuits as soon as possible on the system side, strengthening control and strengthening coordination on enforcement of law enforcement planes, and the latter including changing the holding organs and strengthening Board functions, clearly defined Chunghwa Telecom policy tasks. However, privatization and liberalization in mainland China should be kept in a prudent moderation process. It should be remembered that privatization and liberalization should not be confused with each other. There is no necessary correlation between privatization and liberalization. The separation of functions of the wholesale sector should be taken as the basic principle governing the three major telecommunications companies. And expeditiously formulate and implement a proactive and responsive triple play “communication law.”