Telecoms industry is a highly specialised industry and there is a general consensus that it requires a specially designed regulatory system. Besides the many technology-oriented regulations, this regulatory system not only integrates many economic theories and concepts taken from competition law, but also features several measures designed ad hoc to deal with the character of the industry, such as a natural monopoly, bottlenecks and a public service. A major category of these regulatory measures is forced access mechanisms. "Forced access" in this thesis refers to the forcing open of certain property – mostly telecoms networks and relevant facilities – to be accessed by others, especially other competitors in the market. While these mechanisms do indeed promote competition in the telecoms market and benefit the public, they also limit the fundamental rights of telecoms companies – mostly incumbents – as legal persons, especially concerning their property rights and freedom to conduct a business, and it does not need emphasising further that the protection of fundamental rights is a general principle in the European Union and a constitutional value in modern democratic states. This thesis aims to take three distinct telecoms forced access mechanisms (interconnection, local loop unbundling and separation), with different regulatory intensities, as examples to discuss the possible fundamental rights derogation issues of two targeted jurisdictions – the European Union and Taiwan. There are some substantial reasons for this comparative study. On the one hand, many of the regulatory concepts of the telecoms regulatory framework in the European Union, together with those in the United States, have been adopted by Taiwan; on the other hand, the protection of fundamental rights in the European Union is inspired by the constitutional traditions common to Member States, and the German Basic Law (Grundgesetz) plays an important role, while the Taiwanese Constitution and the constitutionality reviews system derive from Germany (continental law) and the United States (common law). The reasoning of Taiwanese constitutional review does not therefore just reflect the fundamental rights protection system but also introduces the constitutionality review system of the United States as a reference. This thesis starts with an introduction to telecoms forced access mechanisms in the European Union and Taiwan, with a special focus on three selected forced access mechanisms. Then, fundamental rights protection system under the two jurisdictions will be discussed, followed by an in-depth discussion of the concepts of property rights and freedom to conduct a business. This thesis goes on to analyse how to appraise the three telecoms forced access mechanisms in relation to the fundamental rights protection system and to discuss the reasonableness of such an analysis. The final part of the thesis will, by reviewing the legal frameworks of the two jurisdictions, offer answers to the questions raised in the analysis.

Abstract The South African government embarked on a liberalisation path of the telecoms sector in 1996 in order to establish a knowledge-based society and thus enhance all aspects of the economy to make South Africa globally competitive. Liberalisation of the telecoms sector was an integral part of its overall vision to improve the quality of life for all South Africans. Market-based reform was the central philosophy underpinning the growth strategy for South Africa. ICT was recognised as key to growth and development. To date, international telecoms reform has focused on managing the transition from traditional monopoly markets to effective competition. The key steps in this process have been the commercialisation and ultimate sale of state-owned assets, licensing competitors, setting sector-specific regulation by independent national regulatory authorities to implement the market reform policies and ensure public interest objectives are met. As a result of rapidly changing technology, the unanticipated rapid and pervasive uptake of mobile services, the influence of international financial advisors and suppliers of telecoms equipment who all stand to gain, the reform process in developing countries has been controversial. Also, often after the first phase of market liberalisation, entrenched private sector incumbents make further reform in developing countries difficult. The focus of this study is on the second-phase of reform in South Africa after the initial market liberalisation. The research analysed the changing configuration and structure of the South African telecoms network market during the transition from monopoly to competition (2000- 2003) within the framework of competition rules to determine how government’s “managed liberalisation” policy and regulatory decisions have shaped (and are shaping) the competitive dynamics of the South African market. The findings were utilised to analyse its implications for the development of South Africa’s information society and provide a framework for policy-makers and regulators on effectively shaping telecoms network markets in transition. This study contextualised the South African telecoms situation within the dynamics of an international market by examining the changing role of the market in telecoms policy formulation in both developed and developing countries. This research looks at the current debates on the information society and liberalising telecoms markets in order to assess the impact of policy and regulatory interventions in selected national markets deemed relevant to this investigation e.g., United States, United Kingdom, India, Nigeria, Morocco, Uganda and Sri-Lanka. Based on an information society paradigm, the study involved multiple methods incorporating primarily qualitative research to investigate the actual development on the ground of competition in South Africa since the start of the managed liberalisation process. Secondary statistical data was utilised to understand market development and dynamics. The analysis combined competition rules and regulatory principles based on international experience together with the South African experience with sector liberalisation derived from interviews, focus groups and data analysis of the market. The study uses market structure analysis, with specific reference to telecom network markets as the basic framework of analysis. This is further enhanced by analysing the broader dynamics of the business, communications, policy and regulatory environments and an analysis of the performance of infrastructure companies in the telecoms network market in South Africa. The analysis explains how the managed liberalisation policy of the South African government has constrained growth, allowed incumbent operators to entrench themselves, generally failed to meet the needs of most consumers and limited South Africa’s aspirations to join the global information society. Despite technically meeting the form of most international best practice standards on market reform, there has been a lack of commitment to the substance i.e. effective competition, inconsistent application of regulation, the absence of a clear strategic framework and failure to undertake detailed market analysis throughout the process. The result has been artificial barriers to investment and constrained growth in the telecoms sector. In particular, a pre-occupation with the narrow licensing of individual technologies and specifically defined service classifications has created an unnecessarily complicated implementation regime hindering market development. The lack of competition at the core infrastructure level has constrained growth and innovation at the upper levels of the telecoms sector value chain, i.e. network services, that are dependent on access to the fixed line network. The study provides recommendations to increase investment in the South African ICT sector which include: clarifying national policy objectives and reviewing the current licensing framework; implementing widespread market reform; instituting market and competition review processes; allowing for increased competition review processes and increasing independence and accountability of the regulator. The research outlines strategies to counter the effects of a weak competitive environment, infrastructure and resource shortages and the lack of strong administrative structures in South Africa that are applicable to most developing countries. It suggests the following measures to drive competitive markets and enhance ICT growth: ensuring political commitment to market liberalisation and market-driven macro-economic policies; focusing on licensing major operators; instituting technology neutral licensing; reducing the need for regulatory decisions by accelerating competition and harnessing regional skills to strengthen regulatory effectiveness. Finally, this study demonstrates that ICT market development and policy is rooted in and influenced by many factors and disciplines. Thus the research suggests an integrated and holistic approach for analysing network markets in transition.

<p>The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular it aims to see what impact these rules will have on the licensing of telecoms services. In addition the study seeks to investigate whether, on a proper analysis and understanding of the legal texts on domestic regulation, the claims made by some civil society organisations and NGOs are valid.59<br /> &nbsp / </p>

As trend toward liberalization, telecom industry in Taiwan is getting more and more saturated. It means that competition between telecoms firms is getting more and more sharp. As a result, all telecoms firms are striving to gain and keep their customers and trying so hard to understand comsumer behavior on choosing telecoms firms. In the past, researches on consumer behavior are usually base on quantitative methodology. Quantitative researches on consumer behavior focused on specific moment of customers. This research is base on qualitative methodology to extend consumer behavior on choosing telecoms firm from a specific moment to a dynamic model and establishing a thorough consumer behavior on choosing telecoms firm model. This research on consumer behavior on choosing telecoms firm is base on grounded theory. By the analysis and coding process of the interview data that collected from eighteen interviewers in a theorical sampling process, this research generalizes eighty three open coding and fifteen axial coding. In the selective coding process, this research generalize three major concepts of consumer behavior on choosing telecoms firm and establishes a model of consumer behavior on choosing telecoms firm.

<p>The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular it aims to see what impact these rules will have on the licensing of telecoms services. In addition the study seeks to investigate whether, on a proper analysis and understanding of the legal texts on domestic regulation, the claims made by some civil society organisations and NGOs are valid.59<br /> &nbsp / </p>

Magister Legum - LLM / The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular it aims to see what impact these rules will have on the licensing of telecoms services. In addition the study seeks to investigate whether, on a proper analysis and understanding of the legal texts on domestic regulation, the claims made by some civil society organisations and NGOs are valid. / South Africa

<p>This dissertation extends the empirical industrial organization literature with two essays on strategic decisions of firms in imperfectly competitive markets and one essay on how inertia in consumer choice can result in significant welfare losses. Using data from the airline industry I study a well-known puzzle in the literature whereby incumbent firms decrease fares when Southwest Airlines emerges as a potential entrant, but is not (yet) competing directly. In the first essay I describe this so-called Southwest Effect and use reduced-form analysis to offer possible explanations for why firms may choose to forgo profits today rather than wait until Southwest operates the route. The analysis suggests that incumbent firms are attempting to signal to Southwest that entry is unprofitable so as to deter its entry. The second essay develops this theme by extending a classic model from the IO literature, limit pricing, to a dynamic setting. Calibrations indicate the price cuts observed in the data can be captured by a dynamic limit pricing model. The third essay looks at another concentrated industry, mobile telecoms, and studies how inertia in choice (be it inattention or switching costs) can lead to consumers being on poorly matched cellphone plans and how a simple policy proposal can have a considerable effect on welfare.</p> / Dissertation

Οι εργασιακές σχέσεις αποτελούν ένα θέμα μείζονος σημασίας για τις επιχειρήσεις και μπορούν να είναι ένας από τους παράγοντες που θα επηρεάσουν την αποδοτικότητά τους. Όταν εκδηλώνονται αρνητικές καταστάσεις στον εργασιακό χώρο, λόγω απορρύθμισης των εργασιακών σχέσεων, η απόδοση των εργαζομένων δεν είναι η επιθυμητή. Οι εργασιακές σχέσεις συνδέονται σε μεγάλο βαθμό με την εργασιακή ικανοποίηση. Αν ο εργαζόμενος νιώθει ικανοποιημένος από την εργασία του, τότε είναι πιο παραγωγικός και συμβάλλει ενεργά στην ανάπτυξη της εταιρείας που εργάζεται. Η εργασιακή ικανοποίηση προέρχεται από καταστάσεις και χαρακτηριστικά όπως ο μισθός, το ωράριο εργασίας, οι σχέσεις εργαζομένων διοίκησης αλλά και εργαζομένων μεταξύ τους, η εκπαίδευση και κατάρτιση, δηλαδή πεδία τα οποία μελετώνται και από τις εργασιακές σχέσεις. Η εργασία αυτή θα προσπαθήσει να αναδείξει την άμεση σχέση που υπάρχει ανάμεσα σε εργασιακές σχέσεις και εργασιακή ικανοποίηση, μελετώντας την περίπτωση μιας εκ των μεγαλύτερων εταιρειών στην Ελλάδα και τη ΝΑ Ευρώπη, την εταιρεία ΟΤΕ Α.Ε.. Από την έρευνα αυτή προκύπτουν αρκετά σημαντικά συμπεράσματα που συνδέουν τις εργασιακές σχέσεις και την εργασιακή ικανοποίηση και ειδικά σε μια περίοδο που ως κύριο χαρακτηριστικό έχει την οικονομική κρίση. / Industrial relations are a major issue for firms and can be one of the factors that affect their profitability. When negative situations occur in the workplace due to destabilization of industrial relations, employee performance is not the desirable one. Industrial relations are highly related to job satisfaction. If the employee feels satisfied with his/her job, then s/he is more productive and actively contributes to the development of the company. Job satisfaction stems from factors such as salary, working hours, relations between employees and managers as well as relations with colleagues, education and training, that is fields that are studied under industrial relations. This paper attempts to highlight the direct link between industrial relations and job satisfaction, studying the case of one of the largest companies in Greece and SE Europe: Greek Telecoms (OTE A.E.). The findings of this research link industrial relations with job satisfaction especially at a time defined by the economic crisis.

Small developing states can use proper regulatory frameworks in policy and sector development to implement efficiency and consumer safeguards to the sector. However, sufficient research on the impact of telecommunications regulatory institutions on micro economies has not been conducted. Capture theory was used as the theoretical lens for this thesis. In doing so, a quantitative analysis was done using, cross-sectional pooled time series to determine how an independent telecommunications regulator impacted the telecommunications sector in the English-speaking Caribbean. All the data acquired for analysis were secondary yearly data collected from the International Telecommunications Union (ITU) from 1993 to 2012. Specifically, this study examined how prices, investment, infrastructure, and competition in the telecoms sector are affected by the type of regulatory regime (independent or non independent ) for fixed line and mobile services. Results indicate that the type of regulatory regime has a statistically significant impact on fixed line services and price of the telecommunications sector (p < .0001). However, this regulation was absent in other areas such as cellular services, broadband usage, telecoms investment and competition. The potential for positive social change is tied to recommendations specific to developing countries to ensure their regulators have autonomy in making decisions regarding the volume, quality and costs of telecommunications services. Legislation must minimize any overlap in the roles of policy makers, legislators, administrators and regulators to ensure that the regulatory framework addresses the particulars conditions of the country in which it operates.

In the last decade, World Trade Organization (WTO) Members have paid little attention to the WTO rulemaking processes and their functioning. Two high-levels commissions, as well as some scholars, have identified several areas of concerns with respect to the WTO rulemaking processes. Some of them have put forth proposals for their reform. However, the WTO has not proceeded with or even reflected upon any major reforms affecting the functioning of its rulemaking processes. The lack of attention by the Members regarding these issues motivated the focus of this thesis on the legitimacy of the WTO rulemaking processes. The principal research question of this thesis is: Are the WTO rulemaking processes legitimate? To what degree? Answering this first research question necessarily leads to a secondary one: How can the WTO rulemaking processes be assessed? This thesis recognizes that there is no uniform way for assessing legitimacy both at the national and international levels. It borrows from David Beetham's legitimacy conception and assesses the legitimacy of the WTO rulemaking processes from the standpoint of WTO Members. It builds a theoretical framework for assessing the legitimacy of the rulemaking processes on the basis of Members' conception of the WTO and the concepts of input and output legitimacy that have been frequently applied to the WTO and from which are derived four legitimacy criteria: legality, effectiveness, representativeness and openness. This thesis furthermore advances that legitimacy can only be effectively assessed as a matter of degree and, therefore, develops a multidimensional interval scale to allow a precise measurement of the four criteria of legitimacy as applied to the WTO rulemaking processes. In order to assess the rulemaking processes, it uses three cases that have led to the adoption of new rules or agreements. In fact, legitimacy matters even more for the processes that led to actual rules due to the fact that they generate binding outcomes. Such a methodology based on case studies arguably provides a more accurate representation of the WTO rulemaking processes than the general processes that have been described in the secondary literature.