Reception-Oriented Radio Rights : Increasing the Value of Wireless by Explicitly Defining and Delegating Radio Operating Rights

The increasingly intensive coexistence of diverse radio systems and the inability of existing institutions to resolve conflicts in a timely manner require a change in the way operating rights are defined, assigned and enforced. This paper proposes a regulatory approach that increases delegation to operators and reduces ambiguity by: (1) more clearly defining operating rights and harmful interference by using the Three P approach of probabilistic reception protections and transmission permissions; (2) facilitating transactions by limiting the number of parties to a negotiation, only altering the rights in a license at renewal, and implementing a registry; and (3) making rights enforcement more efficient by enabling direct enforcement of rights, separating rulemaking from adjudication, and defining remedies up-front