Subject: [NEXTEL-1] Revolutionary Ideas for Radio Regulation- Douglas A. Galbi, Senior Economist

From: [email-masked]
Date: Tue, 15 Jul 2003 18:06:22 -0400

Preliminary Draft – Comments and Suggestions Welcomed
Version 1.11
Revolutionary Ideas for Radio Regulation
Douglas A. Galbi Senior Economist
Federal Communications Commission2
June 12, 2002

Abstract

National and international broadband strategies should include radical changes in
radio regulation. Radio technology is the key to rapid broadband development that
reaches even geographically remote areas of the world. To get radical changes in
radio regulation, a new world-wide conversation is needed around three questions.
First, what is a good separation and balance of powers in radio regulation?
Second, how should radio regulation be geographically configured? Third, how
should radio regulation understand and respect personal freedom? Most persons
understand revolutionary ideas that answer these three questions. The challenge is
to recognize this common knowledge and apply it to radio regulation.

1 The most current version is available from http://www.galbithink.org and

http://users.erols.com/dgalbi/telpol/think.htm .

The opinions and conclusions expressed in this paper are those of the author. They
do not necessarily
reflect the views of the Federal Communications Commission, its Commissioners, or
any staff other than the author. I am grateful for numerous FCC colleagues who
have helped me and encouraged me over the past seven years of my career at the
FCC. Author’s address: [email-masked]; FCC, 445 12’th St. SW, Washington, DC
20554, USA.

Contents
I. Revolutionary Ideas
II. Separation and Balance of Powers
A. Long-Run Decline in Administrative Enforcement
B. Limited Information Matters
C. Insecure Radio Rights?
III. Regulatory Geography
A. Geography Truly Matters
B. The US: More Centralized than Europe
C. Barren Deliberation in the US
D. Not Whether But Where to Set Boundaries
IV. Personal Freedom and Licensing
A. Different Kinds of Freedom: Hams, Hackers, and Yackers
1. Amateur Radio
2. The Internet
3. Commercial Wireless Services
4. Freedom around the World
B. Natural Freedoms and Equal Rights
1. Implications of Intentionality
2. Sexual Awareness in Radio Regulation
3. Software Rights for Adults
C. Freedom in the House
V. What To Do?
Contents (cont’d)
References
Appendix A – Extended Notes to Tables
Appendix B – A Desperate Case under the Commerce Clause:
U.S. Courts’ Role in Determining the Federal-State Balance
in Radio Regulation
B-I. Case History of the Federal-State Balance in Radio Regulation
B-II. Misunderstanding Commerce in the Real World
B-III. Re-Articulating Commerce
B-IV. Spurring Fruitful Deliberation
B-V. Doing Justice in Communications
Appendix C – Communications Capabilities around the World

http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6513283527

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