Spectrum Rights in an Adaptive & Reconfigurable Wireless World

Abstract

The demand for wireless technology has outpaced the ability for the many disparate spectrum systems to coexist and satisfy increasing performance constraints, warranting the need for more flexible policy frameworks that can be both integrative and innovative. Although radio spectrum is scarce, it is infinitely reusable, and as wireless technology becomes more adaptive and reconfigurable, spectrum use rights can become dynamic in multiple spectrum dimensions -- which should be used to set the new expectations for spectrum rights. Contrary to moving spectrum more towards a \\textit{property-rights-like} model, we argue that sharing is the only logical path forward. The good news is that technology has advanced sufficiently to allow sharing to have essentially all of the attributes of a traditional exclusive use model, i.e., exclusive rights to use the spectrum without disruption (or interference). Technology now allows us to exploit more dimensions of sharing. Of course, we have always shared spectrum, but did so in a narrow and inefficient manner; we can now create use models that emulate exclusive use. What it does not have is the inefficiency of traditional exclusive use, i.e., obligations, scarcity, and permanency. Thus, our question is, should spectrum management reconsider the concept use rights? In this paper, our goal is to establish a mixed rights model, whereby leveraging the adaptive and reconfigurable nature of wireless spectrum systems, both the property-rights-like and use rights regimes can coexist. We argue that this is essentially what we have now. Our model places dynamic sharing as the key to future spectrum rights. To that end, we begin our discussion with the existing literature on spectrum property rights, and the motivation for moving towards a use rights model, ultimately proposing a mixed rights model. We propose a set of technical and policy strategies and approaches that will help policymakers and researchers inform and frame property rights for the current and future wireless worlds. The key takeaway is that technology has enabled an opportunity for us to rethink what aspects define exclusive use and spectrum property. We add additional dimensions to each of these concepts.