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http://news.com.com/2010-1028-5226979.html By Declan McCullagh
It's time to abolish the Federal Communications Commission.
The reason is simple. The venerable FCC, created in 1934, is no longer
necessary.
...
Abolishing the FCC does not mean airwave anarchy. What it means is
returning to bottom-up law rather than the top-down process that has
characterized telecommunications for the last 80 years.
How to do it...
In his excellent 1997 book "Law and Disorder in Cyberspace," Manhattan
Institute fellow Peter Huber describes how the privatization process could
work. Huber proposes that the government sell off standard units of
spectrum--10kHz for AM radio, 6MHz for television, 25MHz for cellular,
40MHz for PCS--using existing geographical contours for each type of
frequency.
"Once the standard parcels are defined, they can be sold to the highest
bidders," Huber writes. "To keep for how long? Forever. Just like land." If
just one UHF (ultrahigh frequency) television station in Los Angeles were
permitted to transfer its spectrum to a third cellular provider, Huber
estimates, "the overall public gain would be about $1 billion, or so the
government itself estimated in 1992." Wireless technologies would be huge
winners, if the spectrum were privatized.
What if disputes over spectrum arose? The answer is simple. Whoever owned
the rights to that slice of virtual real estate would locate the illicit
broadcaster, march into the local courthouse and get a restraining order to
pull the plug on the transmitter. Trespass is hardly a new idea, and courts
are well-equipped to deal with it.