Reexamination of FCC Spectrum Enforcement and Dispute Resolution Mechanism

The FCC’s leadership in spectrum management has led to increased spectrum accessibility, more flexibility in how licensees and unlicensed users utilize the spectrum, and a greater reliance on market-type mechanisms. These developments each reflect a welcome migration away from a command and control-type approach to managing the spectral resource. In this Comment, the TLPC encourages the FCC to take the next step in spectrum management by reexamining existing spectrum enforcement mechanisms. Speedy and predictable ways to enforce rights are an important dimension of a well-functioning market. There is reason to question whether existing enforcement mechanisms are sufficient given wireless regulatory and market trends. In Spring 2011, Colorado Law’s TLPC filed a Reply Comment under the FCC’s Dynamic Spectrum Notice of Inquiry (NOI). The TLPC’s filing explains why the FCC should reexamine its existing enforcement and dispute resolution mechanisms in order to adapt to an environment where more intensive and dynamic spectrum activity is likely to increase the frequency of spectrum rights disputes.

University of Colorado Reply Comment ET Docket No. 10-237