FCC policy research

Since 1967 the Federal Communications Commission has conducted a programme of research and policy studies to provide guidance on long-term technical and policy problems in all areas of telecommunications. This programme is now under the direction of the Office of Plans and Policy, which undertakes studies and research projects using the skills and expertise of its multidisciplinary staff. It organizes and implements conferences and symposia on behalf of the Commission, whereby Commission staff can interact with outside experts on topics of significant policy concern. Finally, it manages the FCC's programme of contractual research studies.     

Kosten und Streitwert in Verfahren wegen unlauteren Wettbewerbs aus verbraucherpolitischer Sicht

Zusammenfassung Der Beitrag berichtet über die Ergebnisse einer rechtstatsächlichen Untersuchung über Streitwert und Kosten in Verfahren wegen unlauteren Wettbewerbs, die vom Max-Planck-Institut für ausländisches und internationales Wettbewerbsrecht, München, durchgeführt wurde. Bei der Bestandsaufnahme von Streitwerten in Verfahren wegen unlauteren Wettbewerbs in über 3000 einschlägigen Fällen bestätigte sich der allgemein vorherrschende Eindruck, daß die Streitwerte in Wettbewerbssachen im Vergleich zu den «normalen» Zivilverfahren außerordentlich hoch sind. Für die gem. 13 Abs. 1 a UWK klagebefugten Verbrauchervereine folgt daraus, daß die Kostenbelastung bei einem Unterliegen im Prozeß schon bei durchschnittlicher Streitwerthöhe zu einem ernsten Problem werden kann. Die Einstellung der Gerichte zur Gewährung der Streitwertbegünstigung gem. § 23 a UWG ist uneinheitlich; von einigen Gerichten wird in dieser Hinsicht eine sehr restriktive Auffassung vertreten. Eine Auswertung der im Verlauf der Untersuchung bekanntgewordenen Fälle, in denen der Verbraucherschutzverein in Berlin von der ihm gewährten Streitwertbegünstigung wegen Unterliegens in der Sache Gebrauch machen mußte, hat ergeben, daß die Belastung der gewerblichen Wirtschaft weder nach ihrem Umfang noch den sachlichen Umständen ihrer Realisierung nach als unbillig oder gar unzumutbar angesehen werden kann.

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The present article deals with the results of a study on litigation value and the costs of unfair competition litigation. In German procedural law, litigation value is the sum representing the value of the plaintiff's interests involved in the case, or — if it is not a personal interest, but, as is the case with claims made by consumer associations, rather a general one — the public interest involved in the claim as expressed in monetary value. This value determines the magnitude of the costs (court costs and lawyer fees) that the losing party has to pay.According to the prevailing opinion, litigation value in unfair competition litigation is usually very high, compared with normal litigation in civil cases. By gathering the data of more than 3000 cases, the study was able to verify this impression. For consumer associations, which, according to § 13 sec. 1 a UWG, have the right to act as a plaintiff in cases of special interest for consumers, this means that the costs of losing a case, even one of average importance, can be ruinous. Courts have, however, the possibility to split up the litigation value, that is, fix a low sum as litigation value regarding the poor party (which in this case would be the consumer association), while the normal value remains valid for the other party. The main effect of the splitting-up is that the poor party, if the case should be lost, only has to pay both court costs and lawyer's fees according to the low value, while the other party, even if he won the case, has to pay the difference. As the study reveals, this regulation meets with varying degrees of approval from the courts' side; some courts seem to be fairly restrictive in handling it. Due to this, consumer associations cannot know beforehand if they will be granted the benefit of value-splitting, and thus have to refrain from any further procedural activities if they do not feel able to take the full risk — this effect, of course, from the consumer's point of view, is a very unfavourable one. On the other hand, it is argued that the obligation to bear part of the costs will place an unfair burden on the innocent winner. However, an enumeration of those cases in which one important consumer association, the Verbraucherschutzverein in Berlin, had to take advantage of the above mentioned litigation value assessment, shows that the effect for the opponent has not been as damaging as could have been expected.

     

Von »Kommunikation für Entwicklung« zur »cultura mediática«

In Latin America, theoretical and empirical approaches in media research concerning the interrelation of changes in the media, community, and society have a long tradition. They include the analysis of changes in interpersonal communication and cultural communities as well as research on the relation between communication, development and »nation building«. It is a tradition that can be successfully applied to the analysis of the impact of the implementation of New Information and Communication Technologies, and to changes in communication, the constitution of meaning, and identity. This article describes the development of the theoretical debate and studies concerning the interrelation of changes in the media, community, and society in Latin America, and stresses the impulses for European communication research.     

Empowering the traveler: an examination of the impact of user-generated content on travel planning

ABSTRACT

In order to understand the role of user-generated content (UGC) in travel planning, this study integrates Psychological Empowerment with the Technology Acceptance Model (TAM), to develop a model of UGC-enabled empowerment and its impact on intention to use UGC when making travel plans. Survey data from 268 backpacker tourists revealed that perceived empowerment and perceived usefulness are significant drivers of attitude and intention to use UGC for travel planning. The findings provide the travel industry with a better understanding of how travelers’ perceptions of and use of UGC is empowering them to take greater control of the travel planning process.     

Low‐literate consumers' use of clothing labels amidst personal and product related challenges

Low‐literate consumers experience various challenges in the marketplace. This quantitative study focused on low‐literate female consumers' use of clothing labels amidst personal and product‐related challenges in the marketplace. An interviewer‐administered questionnaire was used among black African female consumers (n = 450) with literacy levels ranging from Grades 5 to 8 (on average, 11–14 years old), residing in the Emfuleni Local Municipality area, Gauteng, South Africa. Personal challenges experienced involved reading and numeracy skills, as well as concrete and pictographic thinking. Although respondents indicated that they read and understand clothing labels, results revealed problems experienced when attempting to use the information provided. Their numeracy skills were average and related abstract thinking skills were fair. Product‐related challenges were related to the format of labels, care‐label knowledge and evaluation of clothing quality. Respondents' preference for symbolic and graphic presentation of size format provided evidence of pictographic thinking. Care label understanding was poor, and clothing products were evaluated concretely. Some of the older respondents were inclined to follow the peripheral route of elaboration when reading clothing‐label information. We conclude that low‐literate consumers' use of clothing label information can improve if provided in a format that they can read and understand.     

The scientific limits of understanding the (potential) relationship between complex social phenomena: the case of democracy and inequality

This paper outlines the methodological and empirical limitations of analysing the potential relationship between complex social phenomena such as democracy and inequality. It shows that the means to assess how they may be related is much more limited than recognised in the existing literature that is laden with contradictory hypotheses and findings. Better understanding our scientific limitations in studying this potential relationship is important for research and policy because many leading economists and other social scientists such as Acemoglu and Robinson mistakenly claim to identify causal linkages between inequality and democracy but at times still inform policy. In contrast to the existing literature, the paper argues that ‘structural’ or ‘causal’ mechanisms that may potentially link the distribution of economic wealth and different political regimes will remain unknown given reasons such as their highly complex and idiosyncratic characteristics, fundamental econometric constraints and analysis at the macro-level. Neither new data sources, different analysed time periods nor new data analysis techniques can resolve this question and provide robust, general conclusions about this potential relationship across countries. Researchers are thus restricted to exploring rough correlations over specific time periods and geographic contexts with imperfect data that are very limited for cross-country comparisons.     

International briefing 8 Training and development in France

Two main features characterise training and development in France: the influence of the school‐based model and a strong institutionalisation of continuing vocational training which is regulated by law and collective bargaining at national and sectoral levels. In the last decade training has been affected by four major changes: the development of alternating training programmes for young people and unemployed persons; a process of decentralisation which gives to regions an essential role of coordination; strengthening of links between training and employment; and an increasing responsibility of firms in the management of training. As a result, training is on an upward trend yet large inequalities in access still exist.