Shirky on Spectrum Ownership

scubacuda writes "When engineering assumptions change, shouldn't the laws that govern technology reflect those changing assumptions? Perhaps Clay Shirky puts it best: 'Things like shoes, cars, and houses are all property. Property is excludable -- it is easy to prevent others from using it -- and rival -- meaning that one person's use of it will interfere with another person's use of it. Spectrum has neither characteristic. Spectrum is purely descriptive -- a frequency is just a particular number of waves a second -- so no one can own a particular frequency of spectrum in the same way no one can own a particular color of light. Instead, when an organization 'owns' spectrum, what they really have is a contract guaranteeing Federal prosecution if someone else broadcasts on their frequency in their area. The regulatory costs of forcing spectrum to emulate property are enormous, but worthwhile so long as it leads to better use of spectrum than other methods can. That used to be true. No longer.'"

Comments

Re:Spectrum is excludable and rival

[calidoscope]

If I broadcast on a spectrum being used by another, it can interfere. And by interfering, I can exclude others from using it.

That's the reason for regulation of the radio spectrum. (Score:5 insightful)

A critical point that Shirky and countless others fail's to graps is that the reasons unlicensed spectrum works are:
1) The frequency band in use does not support long distance propagation (i.e. ionspheric reflection) - hence interference is a local problem.
2) The FCC and equivalent regulatory bodies limit the transmit power (and often effective radiated power).

There is a simple method for minimizing interference - use directional antennas with the narrowest possible beamwidth (some of this can be done electronically) for both transmit and receive - and lowest power needed for communication. Unfortunately, most wi-fi users use omnidirectional antennas.

I've also had w-a-y too much experience with interference with poorly designed consumer electronics and similar problems to think that the FCC and related organizations are obsolete. Sure, the state of the art equipment is less susceptible than previous generations of equipment, but I strongly doubt that the typical consumer will anything close to state of the art. To prove my point on the latter - look at all of the problems on the internet due to viruses, worms and the ilk that propagate through Winoze boxes...