15 Geo. Mason Law Review 1025 (2008). Philip J. Weiser, Professor of Law and Telecommunications at the University of Colorado, Dale Hatfield is an Adjunct Professor of Telecommunications at the University of Colorado.
“As the many citations to his prior work in our article, Spectrum Policy Reform and the Next Frontier of Property Rights, indicate, Thomas Hazlett is a preeminent scholar of the law and economics of wireless spectrum. Given that our inspiration for the article was to highlight some key short-comings in the scholarly debate (and in the policy arena), we are encouraged that Professor Hazlett has engaged our argument with a very thoughtful and interesting response. From our vantage point, however, Hazlett’s response does not contradict, but rather underscores and sharpens some of the key points that we made in our article. By so doing, it brings into focus the critical issues that scholars and policymakers need to wrestle with in the years ahead. To frame our response, we will first address issues related to the development of spectrum property rights and remedies, then discuss the need to “zone” the spectrum, and conclude by discussing the optimal institutional strategy for managing spectrum property rights.