Beyond Licenced vs. Unlicenced: Spectrum Access Rights Continua

This is a background paper for an ITU Workshop on "Market Mechanismsfor Spectrum Management" (Geneva, Switzerland, 22-23 January 2007). Itsummarizes the Open Spectrum Foundation's global survey of Wi-Firegulations, with "thumbnail sketches" of the rules in over 170countries. It proposes a new ITU Study Question on how to reconcilethe growing recognition of licence-free radio bands as a "bestpractice" in spectrum management with the long-standing rule (nowfound in S18.1 of the International Radio Regulations) that allnongovernment radio transmitters must be licenced. Finally, itdiscusses the implications of regulators having the ability to createnew authorisation classes in the gap between licenced and unlicenced.That shifts the debate between proponents of (unlicenced) "openspectrum" - and the proponents of (licenced) spectrum as tradableproperty - onto unstable, unfamiliar ground. It could lead to"multi-dimensional bidding" in spectrum auctions - as is foundsometimes in government procurement tenders where bidders can combineprice offers and quality/performance commitments. It may also lead toan understanding of spectrum access rights as a continuum which can belinked to efficiency or politeness, and not just to willingness topay.