結束後的開始：NCC成立歷程與釋憲後的修法議題

Abstract

本文以NCC釋憲後的修法方向為題旨，提出NCC在成立之後，有兩個面向的法制關係亟待釐清。首先，是關於行政院與NCC在層級節制行政體系下的從屬關係探討；其次，則是行政院所屬部會與NCC的平行協調關係。透過立法史的建構，與匯流時代我國通訊傳播法制革新分析，本文指出，行政院所屬機關與NCC，在「管理∕監理」與「輔導∕獎勵」職掌分流後，已衍生包括：組織法競合、公共廣電與公營廣播管理、通訊傳播內容管理等修法議題。透過釋字六一三解釋文之評釋，研究者評估「公視模式」，是朝野修法最應依循的合憲模式。

This paper discusses the legal ramifications after the Honorable Justices of the Judicial Yuan in Taiwan examined the National Communications Commission (NCC) Organic Act and decided the selection of the NCC Commissioners was unconstitutional (J.Y. Interpretation No. 613), and focuses on the formulation of a new selection model which could be accepted politically and legally. It will begin with a historical review of the establishment of NCC and disputes between the ruling political party and the majority members of Legislative Yuan in how to regulate the media industry and issues surrounding the selection of NCC Commissioners, then, it will point out the obstacles to deal with old regulatory agencies which still have some uncharted authorities over the NCC jurisdiction. Additionally, there are many existing Acts such as Broadcasting, Cable, and Satellite Acts which all must be combined to face the era and challenges of media convergence. It concludes with a new model for dissolving the present legal concerns and expects that the future NCC is truly independent as it was originally designed.