Treating the Wireless Spectrum as a Natural Resource

September 2005
Citation:
35
ELR 10620
Issue
9
Author
Patrick S. Ryan

Editors' Summary: As this Article demonstrates, most experts agree that the electromagnetic spectrum is a vital natural resource. Yet European and U.S. governments fail to treat it as such. The author looks at contributions made by two scholars, Ronald Coase's public trust doctrine and Garrett Hardin's tragedy of the commons, and examines their influence on the debate surrounding the electromagnetic spectrum's classification as a natural resource. The author then addresses sustainability concerns and argues that as is the case with all natural resources, a balance between overexploitation and underexploitation is needed in the management of the spectrum.

Patrick Ryan practices law in Denver, Colorado, at PSR Law Firm, LLC, and holds appointments as Adjunct Professor at the University of Colorado at Boulder, and at the Catholic University of Leuven in Belgium. He studied law at the University of Texas at Austin (J.D., with honors, 2000), St. Gallen University in Switzerland (MBL-HSG, 2003), and at the University of Leuven (Ph.D., 2004). The author is grateful to Carolyn Daughters, Jos Dumortier, Kirk Fanning, Marcelo Muzquiz, Scott Page, and Ron Rehling for their comments on earlier versions of this Article.
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