
doi: 10.1086/467405
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.
Law
Law
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 22 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Top 10% | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
