| | Stuart Minor Benjamin, the Logic Of Scarcity: Idle Spectrum As A First Amendment Violation, 52 Duke L. J. 1 (2003) (Site not responding. Last check: 2007-10-07) |
 | | In the former case, the spectrum is not usable by anyone, and in the latter it is usable only for certain services, which services might not occupy all of the available bandwidth. |
 | | More intensive use of spectrum that is already licensed but is underutilized or inefficiently utilized has the potential to help alleviate imbalances between the supply and demand for spectrum in certain markets, address the problem of underserved rural areas, and, in general, ensure the efficient provision of existing and new wireless services to all markets. |
 | | Thus the fact that spectrum is subject to interference provides no information about spectrum that might distinguish it from anything else or justify any regime different from the one applicable to all other goods. |
| www.law.duke.edu /journals/dlj/articles/dlj52p1.htm (18989 words) |