Getting Beyond Command-and-Control Regulation in Wireless Spectrum

The reasons for departing from a command-and-control regulatory model of wireless spectrum include increased flexibility, efficiency, and innovation. Properly framing the question is essential to understanding how to approach modifications to a command-and-control regulatory model: is it a question of on or off framed as levers, a question of degree framed as dials, or a question of where and when the regulation occurs framed as layers? Any progress in reforming our modern spectrum regime must evaluate issues like the degree of oversight, the role of technology in the process, how to encourage the trust of stakeholders and the public, what pace is appropriate for these reforms, and how to align incentives with goals. Because effective enforcement is essential to effective regulation, any progress in the regulatory model requires regulators to address challenges in enforcement including identifying sources of interference, resolving ambiguity of harm definitions, and addressing the proliferation of services across all bands. Potential solutions to these enforcement challenges include a system that clearly defines rights and obligations in spectrum, fast-track arbitration processes, methods for crowdsourcing interference resolution, and use of cognitive radios