2 The NTIA was originally created by an executive order issued
by the president, but recently it was given a statutory basis through
legislative action.
3 The definitions in this section draw heavily upon a booklet entitled
"Federal Communications Commission Spectrum Management," dated March 1987. It
is available from the FCC Consumer and Small Business Division.
4 All these factors and their sources are described at length
in John O. Robinson, "Spectrum Management Policy in the United States," Working
Paper 15 (Washington, D.C.: Federal Communications Commission, Office of Plans
and Policy, March 1984).
5 In some services, the FCC may also assign channels on a first come, first
served system. Under this approach, applications for a limited number of
channels are accepted for a limited period known as a filing window. If more
applications are filed during the window than there are channels available, the
applicants are selected using comparative hearings. If there are fewer
applications filed during the window than there are channels available, then
all licenses are awarded to the initial applicants and subsequent applications
are awarded on a first-come, first-served basis. As discussed later in the
paper, since 1982 the FCC has also had the authority to select from among
competing applications using random selection procedures (lotteries).
6 Jeffrey H. Rohlfs, Charles L. Jackson, and Tracey E. Kelly, "Estimate of the
Loss to the United States Caused by the FCC's Delay in Licensing Cellular
Telecommunications" (National Economic Research Associates, Inc., November 8,
1991, revised).
7 For examples of such problems with the comparative hearing process see
Carson E. Agnew, "Alternative Radio Licensing Arrangements, A Case Study of the
Multipoint Distribution Service," Telecommunications Policy (June 1983).
8 See, for example, Report of the Advisory Committee for the Land
Mobile Radio Services, U.S.
(Washington, D.C.: Government Printing Office, 1967) and The Institute of
Electrical and Electronic Engineers, Inc., Spectrum Engineering--The
Key to Progress (New York: The Institute of Electrical and
Electronic Engineers, Inc., 1968).
9 Private sector frequency coordinators are also used in the point-to-point
microwave services.
10 The history of private frequency coordination in the United States is
described in In the Matter of Frequency Coordination in the Private
Land Mobile Radio Services, Report and Order, PR Docket No.
83-737, 60 RR 2d 41(April 15, 1986).
11 For a further discussion of private frequency coordination see Dale N.
Hatfield, "The Private Sector's Role in Spectrum Management" (XXIVth General
Assembly of the International Radio Scientific Union, Kyoto, Japan, 1993).
12 For a more detailed discussion of property rights in spectrum see National
Telecommunications and Information Administration, U.S. Spectrum
Management Policy: Agenda for the Future (Washington, D.C.:
U.S. Department of Commerce, National Telecommunications and Information
Administration, February 1991).
13 Because cellular and SMR licenses can be transferred freely, entrepreneurs
have the necessary price signals to judge the relative value of the spectrum
involved.
14 Congressional Budget Office, Auctioning Radio Spectrum
Licenses (Washington, D.C.: The Congress of the United
States, Congressional Budget Office, March 1992).
15 The process is actually somewhat more complex, but the explanation
presented captures its essence.
16 In economic terms, this amounts to a classic free rider problem.
17 Establishment of Procedures to Provide a Preference to Applicants
Proposing an Application for New Services Report and Order, 6 FCC Rcd. 3488 (1991).
18 Anne West, "Pioneer Preferences: Analysis through Five Models,"
Federal Communications Bar Journal 45 (1).
19 Jeffrey Silva, "What To Do with Pioneer's Rule?" [(Radio Communications Report),
12 ( 21) (November 8, 1993). See also "D.C. Notebook" in the same issue.
20 These are 25-50 MHz and 150-174 MHz VHF bands, the 450-470 MHz UHF band,
the 470-512 MHz band, and the 800/900 MHz bands.
21 Notice of Proposed Rule Making, PR Docket No. 90-481, 5 FCC Rcd 6401
(1990); Order, 5 FCC Rcd 7426 (1990); Order, 6FCC Rcd 446 (1991).
22 Report and Order, 6 FCC Rcd 7303.
23 Certain public safety channels in the 800/900 band have been excluded from
the program. See Memorandum Opinion and Order, 8 FCC Rcd 6690.
24 Notice of Proposed Rule Making, GEN Docket No. 87-390, 2 FCC Rcd 6244
(1987).
25 Report and Order, GEN Docket 87-390, at 2.
26 Notice of Proposed Rule Making, ET Docket No. 92-9, 7 FCC Rcd 1546
(1992).
27 Third Report and Order and Memorandum Opinion and Order, ET Docket No.
92-9, 8 FCC Rcd 6589.
28 Third Report and Order and Memorandum Opinion and Order, ET Docket No.
92-9, 8 FCC Rcd 6591.
29 Notice of Proposed Rule Making, ET Docket No. 92-9, 7 FCC Rcd 1552
(1992).
30 Notice of Proposed Rule Making, ET Docket No. 92-9, 7 FCC Rcd 1552 (1992).
See Review of Technical Assignment Criteria for the AM Broadcast
Service, 6 FCC Rcd 6273, 6472 (1991).
31 Third Report and Order and Memorandum Opinion and Order, ET Docket No.
92-9, 8 FCC Rcd 6605 (1993).
32 Cited in Third Report and Order and Memorandum Opinion and Order, ET Docket
No. 92-9, 8 FCC Rcd 6605 (1993).
33 Third Report and Order and Memorandum Opinion and Order, ET Docket No.
92-9, 8 FCC Rcd 6606.
34 Separate statement of Commissioner Andrew C. Barrett, 8 FCC Rcd 6620.
35 Stephen D. Baruch, "Eye on the Sky," The Recorder (June 10, 1993).
36 Notice of Proposed Rule Making, PR Docket No. 92-235, 7 FCC Rcd 8105
(1992).
37 First Report and Order, MM Docket No. 87-268, 5 FCC Rcd 5627 (1990).
38 Memorandum Opinion and Order/Third Report and Order/Third Further Notice
of Proposed Rule Making, MM Docket No. 87-268, 7 FCC Rcd 6944 (1992).
39. Memorandum Opinion and Order/Third Report and Order/Third Further Notice
of Proposed Rule Making, MM Docket No. 87-268, 7 FCC Rcd 6971 (1992).
40 Second Report and Order/Further Notice of Proposed Rule Making, MM Docket
No. 87-268, 7 FCC Rcd 3356 (1992).
41 Second Report/Further Notice of Proposed Rule Making, MM Docket No.
87-268, 7 FCC Rcd 3357 (1992).
42 Budget Reconciliation Act, P.O. 103-66, Legislative History, House Report
No. 103-111.
