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Spectrum Property Law 101

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  • Robinson, Glen O

Abstract

Regulatory doctrine holds that radio spectrum licensees do not have private property rights in their licenses. In fact, as Shelanski and Huber show, most of the basic attributes of private property are possessed, in some measure, by all licensees. This practical reality has been obscured by the official ideology of public interest obligation attached to spectrum use, however. Public interest regulation has always been marginal in practical effect. But public interest ideology, reinforced by interest group politics, has prevented full realization of the market efficiencies that could be achieved from explicit recognition of spectrum property rights. The true "public interest" lies in removing obstacles to efficient use of the radio spectrum and allowing it to seek its highest valued use to the public. Spectrum auctions may help to move us in the direction of a less burdened market system, but they are only a step, not the destination. Copyright 1998 by the University of Chicago.

Suggested Citation

  • Robinson, Glen O, 1998. "Spectrum Property Law 101," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 609-625, October.
    • Handle: RePEc:ucp:jlawec:v:41:y:1998:i:2:p:609-25
    DOI: 10.1086/467405
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    References listed on IDEAS

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    1. Thomas Krattenmaker & Lucas Powe, 1994. "Regulating Broadcast Programming," Books, American Enterprise Institute, number 53082, September.
    2. Hazlett, Thomas W, 1998. "Assigning Property Rights to Radio Spectrum Users: Why Did FCC License Auctions Take 67 Years?," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 529-575, October.
    3. Shelanski, Howard A & Huber, Peter W, 1998. "Administrative Creation of Property Rights to Radio Spectrum," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 581-607, October.
    4. Noam, Eli, 1997. "Beyond spectrum auctions. Taking the next step to open spectrum access," Telecommunications Policy, Elsevier, vol. 21(5), pages 461-475, June.
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    Cited by:

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    2. Lawrence White, 2000. ""Propertyzing" the Electromagnetic Spectrum: Why It's Important, and How to Begin," Working Papers 00-08, New York University, Leonard N. Stern School of Business, Department of Economics.

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