Recent PostsCTN Issue: December 2016 Thomas Hazlett & Michael Honig, The Price of Freedom: How to Charge for Spectrum as WiFi and Cellular Collide IEEE ComSoc Technology News (Dec. 2016) Al[...]Thomas Hazlett recently reviewed two new volumes on the Information Economy for the International Journal of Economics of Business. Both Martin Campbell-Kelly and Daniel D. Garcia-Swartz, [...]My new research shows that more Internet access funding doesn't help students. And almost all U.S. schools are already online. By Thomas Hazlett 08/23/16 09:27 AM EDT Even during[...]How an early telephone silencer took on AT&T. By Lauren Young via Atlas Obscura It's not unusual today to overhear strangers' intimate phone conversations while comm[...]
Part 2 – A Law & Economics Approach to Spectrum Property Rights: A Response to Professors Weiser & Hatfield
15 George Mason Law Review 975-1023 (June 2008). Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law.
“The provocative article by Phil Weiser and Dale Hatfield presents a challenging analysis of property rights to radio spectrum. Its main thesis is that a property system, by which they mean a private property regime, is difficult to construct because the rights are complicated to design. Radio emissions lurch in many dimensions and are hard to predict; they are probabilistic rather than precise. Weiser & Hatfield argue that this complexity has been ignored by advocates of private property, who reflexively cite property rights in land as the relevant analogy. It is a poor analogy, Weiser & Hatfield offer….Here I present a law and economics analysis that is distinctively different. Happily, it largely dovetails with the Weiser & Hatfield public policy position. Both approaches aim to facilitate a rights regime that enables markets to allocate radio spectrum, abandoning the traditional regime in place since 1927, wherein administrative allocation decides how to use the spectrum resource.
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