Glen O. Robinson

SPECTRUM PROPERTY LAW 101

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.

The Electronic First Amendment: An Essay for the New Age

Astrologers tell us that the approaching new millennium will be the “age of Aquarius.” Social scientists and kindred pundits tell us it will be the “age of information.” The new age could be both: an Aquarian age of harmony and understanding produced by pervasive information technologies and services. I know of no astrological authority for such a convergence, but there does seem to be quite a lot of mundane support for it in the current outpouring of writing about the brave new world of bit streams coming our way. The now

Independent Agencies: Form and Substance in Executive Prerogative

Among other things, the Supreme Courts decision in Morrison v. Olson, I upholding Congresss authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphreys Executor. 2 Despite recurrent criticism of that decision, 3 there was no basis to think it was especially vulnerable. The Courts recent fascination with separation of powers, 4 however, invited speculation about some radical reconstruction in administrative law, notably ineluding deconstruction of the independent agencies. One of the cases inviting such speculation was the Courts decision in Immigration & Naturalization Service v. Chadha, 5 invalidating the legislative veto. While not directed at administrative agencies, Chadha could be taken as a sign of fresh concern about agency rulemaking as a form of non-article I lawmaking. 6 A year earlier the Courts Northern

The new communications: planning for abundance

AbstractBasically, Glen O. Robinson looks at the American scene. He takes stock of the leap in American communication technology and surfaces questions which have implications in international communication, free flow of information and cultural dominance. He says that complaints of cultural imperialism find an unreceptive audience among those in America who trade in ideas and information. To walk too softly over issues that concern internationalcommunication, he feels, could stimulate greater restrictions on international communications so vital to world understanding.