San Diego Law Review

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The spectrum of electromagnetic frequencies impact the way individuals and society communicate. The discussion involves reforming the structures governing the spectrum, a debate that centers on the benefits of public versus private control over the resources. This article focuses on articulating governmental standards for managing and regulating public or private control of the spectrum. However, standards will not be easy to establish given the difficult cost assessments necessary to balance the public interest against communication. A regulatory agency can better govern spectrum management that accommodates both commonly and privately owned spectrum. Spectrum conflicts can be remedied easily by defining a class of per se nuisances. The article concludes by encouraging attentiveness to the costs of dispute resolution, the regulators? roles in reducing these costs, and the policy choices inherent in spectrum management. Any regulator agency that is established must play a role in resolving spectrum conflicts.

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