Reception-Oriented Radio Rights: Increasing the Value of Wireless by Explicitly Defining and Delegating Radio Operating Rights
J. Pierre De Vries
University of Colorado at Boulder Law School - Silicon Flatirons Center
Kaleb August Sieh
Broadband Internet Technical Advisory Group, Inc. ; University of Colorado Law School - Silicon Flatirons Center
November 18, 2011
The increasingly intensive coexistence of diverse radio systems and the inability of existing institutions to resolve conflicts in a timely manner require a change in the way operating rights are defined, assigned and enforced. This paper proposes a regulatory approach that increases delegation to operators and reduces ambiguity by: (1) more clearly defining operating rights and harmful interference by using the Three P approach of probabilistic reception protections and transmission permissions; (2) facilitating transactions by limiting the number of parties to a negotiation, only altering the rights in a license at renewal, and implementing a registry; and (3) making rights enforcement more efficient by enabling direct enforcement of rights, separating rulemaking from adjudication, and defining remedies up-front.
Number of Pages in PDF File: 9
Keywords: interference, property rights, radio, regulation, spectrum
JEL Classification: D23, D73, H41, L50, O38working papers series
Date posted: August 11, 2011 ; Last revised: May 3, 2013
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