Enforcement and Spectrum Sharing: Case Studies of Federal- Commercial Sharing

To promote economic growth and unleash the potential of wireless broadband, there is a need to introduce more spectrally efficient technologies and spectrum management regimes. That led to an environment where commercial wireless broadband need to share spectrum with the federal and non-federal operations. Implementing sharing regimes on a non-opportunistic basis means that sharing agreements must be implemented. To have meaning, those agreements must be enforceable. With the significant exception of license-free wireless systems, commercial wireless services are based on exclusive use. With the policy change facilitating spectrum sharing, it becomes necessary to consider how sharing might take place in practice. Beyond the technical aspects of sharing, that must be resolved lie questions about how usage rights are appropriately determined and enforced. This paper is reasoning about enforcement in a particular spectrum bands (1695-1710 MHz and 3.5 GHz) that are currently being proposed for sharing between commercial services and incumbent spectrum users in the US. We examine three enforcement approaches, exclusion zones, protection zones and pure ex post and consider their implications in terms of cost elements, opportunity cost, and their adaptability.