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Full-Text Articles in Law
The Contractor's View, Martin Heubel
The Contractor's View, Martin Heubel
Fordham International Law Journal
I would like to summarize five key areas of risk the government donor of the concession, financial institutions, or other types of project sponsors are exposed to and the contractors involved, which means the groups who are designing, delivering, and putting into operation those plants and installations for periods generally expected to be twenty, thirty, or thirty-five years. These five risk categories are: first, that the project has to be completed in time, within budget, and has to be kept in operation; second, that the project must generate the cash flow required for the debt service and the return on …
Interconnection And Network Access, Gunter Knieps
Interconnection And Network Access, Gunter Knieps
Fordham International Law Journal
The purpose of this Essay is to focus on the role of market power where interconnection and network access problems are involved. The Essay is organized by parts. Part I sketches the European Union history with respect to open network provision (“ONP”) policy. In Part II, the market-share concept of market power applied within Council Directive 97/33, European Community on Interconnection in Telecommunications of June 30, 1997 (“Interconnection Directive”) is criticized as an important source for an oversized regulatory basis. Instead, the criteria for an economically justified disaggregated regulatory framework for the ONP concept is pointed out in order to …
Competition Law And Regulation Law From An Ec Perspective, John Temple Lang
Competition Law And Regulation Law From An Ec Perspective, John Temple Lang
Fordham International Law Journal
These comments look at the subject from a legal viewpoint, in contrast to the Essay by Professor Dr. Günter Knieps, which uses an economic approach. His Essay raises several issues concerning access: (1) who should be obliged to give it; (2) to whom; (3) in what circumstances; and (4) on what terms? In practice, the precise answers will depend on whether European Community (“Community” or “EC”) competition law, national competition law, or national telecommunications law based on Community directives, are being applied. As far as possible, the same answer should be given in all cases.
Technological Aspects Of Deregulation, Rainer Liebich
Technological Aspects Of Deregulation, Rainer Liebich
Fordham International Law Journal
Telecommunications deregulation and privatization was a good step to create new demands for a new infrastructure and new services. This increasing demand stimulated the whole industry and, as a result, generated the creation of many new companies. Competition drove prices down, which made consumers happier and the companies more competitive in the international market place. Accordingly, universal services are now offered countrywide and there are no major concerns regarding the licensing process. Thus, international coordination and the usage of the telecommunications infrastructure might make new legislative initiatives necessary, but there is no way back to regulated markets.
Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza
Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza
Fordham International Law Journal
Television (or “TV”) broadcasting today is in the wake of a critical technological revolution. The development of new technologies is becoming increasingly rapid and the legal scenario is changing daily and sometimes disorganically. Regulation in this field is strictly connected with technology and its evolution. For this reason, it is worthwhile to go through a brief outline of the last and most significant television broadcasting techniques. Distribution of TV “signals” has occurred in Europe and especially in Italy — until the beginning of the present decade — almost exclusively through terrestrial networks, i.e. via etere. This situation means that in …