EC Electronic Communications and Competition Law

Telecommunications have developed at an incredible speed over the last couple of decades. The decreasing size of our phones and the increasing number of ways in which we can communicate are barely the only result of this (r)evolutionary development. The latter has indeed multiple implications. The change of paradigm for telecommunications regulation, epitomised by the processes of liberalisation and reregulation, was not sufficient to answer all regulatory questions pertinent to communications. Today, after the transition from monopoly to competition, we are faced perhaps with an even harder regulatory puzzle, since we must figure out how to regulate a sector that is as dynamic and as unpredictable as electronic communications have proven to be, and as vital and fundamental to the economy and to society at large. The present book addresses the regulatory puzzle of contemporary electronic communications and suggests the outlines of a coherent model for their regulation. The search for such a model involves essentially deliberations on the question "Can competition law do it all?", since generic competition rules are largely seen as the appropriate regulatory tool for the communications domain. The latter perception has been the gist of the 2002 reform of the European Community (EC) telecommunications regime, which envisages a withdrawal of sectoral regulation, as communications markets become effectively competitive and ultimately bestows the regulation of the sector upon competition law only. The book argues that the question of whether competition law is the appropriate tool needs to be examined not in the conventional contexts of sector specific rules versus competition rules or deregulation versus regulation but in a broader governance context. Consequently, the reader is provided with an insight into the workings and specific characteristics of the communications sector as network-bound, converging, dynamic and endowed with a special societal role and function. A thorough evaluation of the regulatory objectives in the communications environment contributes further to the comprehensive picture of the communications industry. Upon this carefully prepared basis, the book analyses the communications regulatory toolkit. It explores the interplay between sectoral communications regulation, competition rules (in particular Article 82 of the EC Treaty) and the rules of the World Trade Organization (WTO) relevant to telecommunications services. The in-depth analysis of multilevel construct of EC communications law is up-to-date and takes into account important recent developments in the EC competition law in practice, in particular in the field of refusal to supply and tying, of the reform of the EC electronic communications framework and new decisions of the WTO dispute settlement body, such as notably the Mexico-Telecommunications Services Panel Report. Upon these building elements, an assessment of the regulatory potential of the EC competition rules is made. The conclusions drawn are beyond the scope of the current situation of EC electronic communications and the applicable law and explore the possible contours of an optimal regulatory framework for modern communications. The book is of particular interest to communications and antitrust law experts, as well as policy makers, government agencies, consultancies and think-tanks active in the field. Experts on other network industries (such as electricity or postal communications) can also profit from the substantial experience gathered in the communications sector as the most advanced one in terms of liberalisation and reregulation.

Finite Element Based Nonlinear Normalization of Human Lumbar Intervertebral Disc Stiffness to Account for Its Morphology

Disc degeneration, usually associated with low back pain and changes of intervertebral stiffness, represents a major health issue. As the intervertebral disc (IVD) morphology influences its stiffness, the link between mechanical properties and degenerative grade is partially lost without an efficient normalization of the stiffness with respect to the morphology. Moreover, although the behavior of soft tissues is highly nonlinear, only linear normalization protocols have been defined so far for the disc stiffness. Thus, the aim of this work is to propose a nonlinear normalization based on finite elements (FE) simulations and evaluate its impact on the stiffness of human anatomical specimens of lumbar IVD. First, a parameter study involving simulations of biomechanical tests (compression, flexion/extension, bilateral torsion and bending) on 20 FE models of IVDs with various dimensions was carried out to evaluate the effect of the disc's geometry on its compliance and establish stiffness/morphology relations necessary to the nonlinear normalization. The computed stiffness was then normalized by height (H), cross-sectional area (CSA), polar moment of inertia (J) or moments of inertia (Ixx, Iyy) to quantify the effect of both linear and nonlinear normalizations. In the second part of the study, T1-weighted MRI images were acquired to determine H, CSA, J, Ixx and Iyy of 14 human lumbar IVDs. Based on the measured morphology and pre-established relation with stiffness, linear and nonlinear normalization routines were then applied to the compliance of the specimens for each quasi-static biomechanical test. The variability of the stiffness prior to and after normalization was assessed via coefficient of variation (CV). The FE study confirmed that larger and thinner IVDs were stiffer while the normalization strongly attenuated the effect of the disc geometry on its stiffness. Yet, notwithstanding the results of the FE study, the experimental stiffness showed consistently higher CV after normalization. Assuming that geometry and material properties affect the mechanical response, they can also compensate for one another. Therefore, the larger CV after normalization can be interpreted as a strong variability of the material properties, previously hidden by the geometry's own influence. In conclusion, a new normalization protocol for the intervertebral disc stiffness in compression, flexion, extension, bilateral torsion and bending was proposed, with the possible use of MRI and FE to acquire the discs' anatomy and determine the nonlinear relations between stiffness and morphology. Such protocol may be useful to relate the disc's mechanical properties to its degree of degeneration.

Different Early Post-Settlement Strategies Between American Lobsters Homarus Americanus and Rock Crabs Cancer Irroratus in the Gulf of Maine

The abundance of many invertebrates with planktonic larval stages can be determined shortly after they reach the benthos. In this study, we quantified patterns of abundance and habitat utilization of early benthic phases of the American lobster Homarus americanus and the rock crab Cancer irroratus. These 2 decapods are among the most common and abundant macroinvertebrates in coastal zones of the Gulf of Maine, with similar densities of larger individuals. Settlement and early postsettlement survival indicate that lobsters are highly substrate-specific early in life, settling predominantly in cobble beds. Crabs appear to be less selective, setting both in cobble and sand. Cumulative settlement of crabs, inferred from weekly censuses over the summer, was an order of magnitude greater than that of lobsters over the same time period. However, only crabs showed significant postsettlement losses. Although the identity of specific predators is unknown, predator exclusion experiments and placement of vacant uninhabited nursery habitat suggested that post-settlement mortality rather than emigration was responsible for these losses. The selective habitat-seeking behavior and lower post-settlement mortality of lobsters is consistent with their lower fecundity and later onset of reproductive maturity. The patterns observed for crabs, however, suggest a different strategy which is more in accordance with their higher fecundity and earlier onset of maturity. It is possible that lower fecundity but greater per-egg investment, along with strict habitat selection at settlement and lower post-settlement mortality, allows adult lobster populations to equal adult populations of crabs. This occurs despite crabs being more fecund and less habitat-selective settlers but sustaining higher postsettlement mortality.

An account of the conversion of Theodore John, a late teacher among the Jews, together with his confession of the Christian faith ...

transl. out of High Dutch into English

The history of the Jews, from the taking of Jerusalem by Titus, to the present time, comprising a narrative of their wanderings, persecutions, commercial enterprises, literature, manners, customs, and forms of worship : with an account of the various efforts made for their conversion

[James A. Huie]

Modern judaism : or, a brief account of the opinions, traditions, rites and ceremonies of the Jews in modern times

by John Allen

The present state of the Jews : wherein is contained an exact account of their customs, secular and religious ; to which is annexed a summary discourse of the Misna, Talmud, and Gemara

by L. Addison