A Case of Common Domain

Wednesday, January 4, 2006
The US government is getting set to open up a set of airwave frequencies, vacating the prime estate for obscure channels that will serve its purposes just as well. In addition, the newly available channels will provide a big boost to the capabilities of current wireless telecom providers.

Hugo Grotius (1583-1645)
As Gene J. Koprowski writes for UPI, “It’s something like an eminent-domain case -- except this time, the government is vacating the space in order to further the technology economy, rather than the reverse.” We might call it something like “common” or “conventional” domain. Wikipedia traces the origin of the term eminent domain as “derived in the mid-19th Century from a legal treatise written by the Dutch jurist Hugo Grotius in 1625.” Grotius (1583-1645) was a Remonstrant natural-law theorist.

“With 90 megahertz of additional spectrum, today’s cellular carriers will be tomorrow’s next-generation broadband providers,” Michael D. Gallagher, assistant secretary of commerce for communications and information, said in a statement. The National Telecommunications and Information Administration, part of the Department of Commerce, says the channels are to be used for “advanced wireless services.”

The cost of the move is estimated to be around $936 million, which is actually well under previous industry predictions, and will be paid for by the proceeds from the auction of the channels. “We found a way to open up a ‘beach front’ spectrum for key economic activity without jeopardizing our national security,” Gallagher said.

The move follows successful lobbying by the Telecommunications Industry Association (TIA). TIA President Matthew J. Flanigan said in a press release, “The passage of the Commercial Spectrum Enhancement Act last year and today’s report by NTIA are important steps in accelerating the deployment of advanced wireless services. Auction proceeds will create billions of dollars of capital investments and increase job growth in the United States.”

All in all, the move looks to be a positive one for economic development in the quickly growing field of wireless communication. And its noteworthy that the government is using its sovereign power to serve the interests of private enterprise rather than jealously guarding its own previously acquired “territory” (although it will look to turn a tidy profit from the sale of the newly opened airwaves).

HT: Slashdot
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