1. Comparative Telecommunications Law Spring, 2007 Prof. Karl Manheim 6: Spectrum Management Copyright © 2007

2. Spring 2007CTL2 Why Spectrum Management Scarcity Interference Competing Interests

3. Spring 2007CTL3 Why Spectrum Management The “Scarcity” Problem Physical scarcity of usable wavelengths  Too long (low frequency): impracticable antennas  Too short (high frequency): technological limitations of transmitting and receiving equipment Gives rise to “scarcity rent”  Compare “monopoly rent” Still true ?  Equipment now available for extreme frequencies  Sharing technologies (e.g., spread spectrum)

4. Spring 2007CTL4 Why Spectrum Management The “Scarcity” Problem Limited “real estate” for radio communications Two approaches to allocating scarce resources Works best with “private goods” Works best with “public goods”  Market Rejected in favor of Public ownership Idea fixè  Government Regulation

5. Spring 2007CTL5 Why Spectrum Management The “Interference” Problem Uses interfere with one another  Frequency conflict - “Noise”  Time conflict  Geographic conflict Regions Power levels Interference is avoided through spectrum zoning

6. Spring 2007CTL6 Why Spectrum Management Competing Interests Public Safety and National Security Certain uses are better suited to particular portions of the spectrum (bands)  Designating “bands” by use is efficient Some uses can be as efficiently served by wireline  Unlimited capacity

7. Spring 2007CTL7 Factors in Spectrum Management Technological Compatibility of adjacent uses Propagation characteristics of different frequencies Utilitarian (economic) How many people would benefit from each service? Cost of relocating: Extent to which industry and public investment in frequency-specific equipment is upset Normative Which uses / services were most important Spectrum Primer

8. Spring 2007CTL8 Allotment, Allocation, Assignment Allotment By ITU - bands available to each country Allocation ITU - type of use for each block of frequencies  the best use for each block of spectrum  e.g., 88-108 MHz for FM radio NRA - development of “band plans”  “service rules” (type of use, user, tech details) Assignment By NRA - channel rights in a frequency(ies)

9. Spring 2007CTL9 “Zoning” the Spectrum Zoning Real PropertyZoning Spectrum Dividing land into individual parcels Frequency division Setting “zones” and determing allowed uses of each Setting “bands” and determining allowed uses of each Determining size of each parcelBandwidth, power levels Building codesFormat regulation Dividing parcels into time sharesTime division Co-tenancyMultiplexing, Geographic division Solving scarcity - create more land Solving scarcity - expand the spectrum

10. Spring 2007CTL10 The Spectrum Zoned Allocation chart

11. Spring 2007CTL11 Command & Control - US Licensing Exclusive use – illegal to b’cast w/out license Limited term (8 years, renewable) Eligibility restrictions (nationality, technical, $)  Transfer restrictions Content control  Public interest, localism, diversity, adult language Alternative - Spectrum Commons Unlicensed uses  determined by engineering standards (protocols) e.g., power limits, modulation, access rights

12. Spring 2007CTL12 Spectrum Policy Reform (Bush) Presidential MemoPresidential Memo (6/5/03) The existing legal and policy framework for spectrum management has not kept pace with the dramatic changes in technology and spectrum use. Under the existing framework, the Government generally reviews every change in spectrum use, a process that is often slow and inflexible, and can discourage the introduction of new technology. Some spectrum users, including Government agencies, maintain that the existing spectrum process is insuf- ficiently responsive to the need to protect current critical uses. Spectrum Policy Initiative (Dept. of Commerce) Federal Government Spectrum Task Force  recommendations for improving spectrum management policies and procedures to stimulate more efficient and beneficial use of spectrum by the Federal Government.

13. Spring 2007CTL13 Spectrum Policy - EU Radio Spectrum Decision (676/2002/EC) Radio Spectrum Committee  Industry participation (with sensitivity to confidential and propriety information) Harmonization of policies and spectrum use  Factors: technical, economic, political, cultural, free expression, health, safety and social matters Reserved to states  Regulation for public order, security, nat’l defense  Assignment & Licensing (including auctions)

14. Spring 2007CTL14 Spectrum Policy - EU Radio Spectrum Decision (676/2002/EC) International Coordination  Coordination with CEPT (compulsory for EU states)  Non-discriminatory access by EU firms to spectrum in 3d countries  EU participation in int’l planning (ITU. Etc) In common with individual member states Trade Coordination  With WTO

15. Spring 2007CTL15 Spectrum Management - EU Framework Directive Art. 8 – Policy & Principles  Promote Competition; remove regulatory obstacles  Efficient use of Spectrum (technology neutrality)  Preserve cultural & linguistic diversity  Consumer/data protection & universal service  Pricing (tarrif) transparency Art. 9 - Allocation & Assignment by NRAs  Based on objective, transparent, non-discriminatory and proportional criteria  May regulate license transfer (preserve competition)