The technical basis for spectrum rights: Policies to enhance market efficiency

This paper describes a conceptual framework to articulate clear rights of access to radio spectrum in a way that would foster an efficient market-based allocation of the resource. In this approach, regulators partition spectrum rights across the dimensions of space, time, frequency, and direction of propagation. They devolve each partition, called a licensed electrospace region (LER), to licensees who may buy, sell, aggregate, and subdivide their LERs at will. All signals outside an LER must have a power level of less than a regulated limit with de minimis exceptions. In addition, even within an LER, transmitter power or field strength must fall below a separate regulator-set level for the band. Licensees may deploy any devices and provide any services that do not violate these rules.     

Dynamic usage of narrowband spectrum

We examine the potential for expansion of the white space spectrum sharing model in the 400 MHz band. As opposed to UHF broadcast spectrum, which contains unassigned or idle segments known as white spaces, the 400 MHz band is characterised by intensive licence usage. However, productive spectrum usage does not guarantee allocative efficiency, which would require knowledge of the highest value service for each licence. 400 MHz frequencies are not priced on opportunity cost. It is therefore difficult to ascertain the economically efficient mix of services to deploy in the 400 MHz band. Drawing parallels with the high-economic value revealed and generated through the operations of unlicensed white space devices in UHF broadcast spectrum, we identify untapped 400 MHz spectrum capacity, which we refer to as narrowband spaces. Encouraging dynamic spectrum usage of narrowband spaces could, similarly to TV white space usage help realise the efficient allocation of the 400 MHz band. However, the narrowband nature of the 400 MHz licences and high licensing turnover imply a significantly different concept of dynamic spectrum access than that considered for TV Bands. The paper discusses regulatory implications and the type of services suited to exploit narrowband spaces.     

Reception-oriented radio rights: Increasing the value of wireless by explicitly defining and delegating radio operating rights

The increasingly intensive coexistence of diverse radio systems and the inability of existing institutions to resolve conflicts in a timely manner require a change in the way operating rights are defined, assigned, and enforced. This paper proposes a regulatory approach that increases delegation to operators and reduces ambiguity by (1) more clearly defining operating rights and harmful interference using the Three P approach of probabilistic reception protections and transmission permissions; (2) facilitating transactions by limiting the number of parties to a negotiation, only altering the rights in a license at renewal, and implementing a registry; and (3) making rights enforcement more efficient by enabling direct enforcement of rights, separating rulemaking from adjudication, and defining remedies up-front.     

A mixed spectrum management framework for the future wireless service based on techno-economic analysis: The Korean spectrum policy study

The evolution of radio technology and various services has increased the world's dependence on wireless communications. The demand for and value of spectrum resources therefore are also increasing. Spectrum efficiency is the most important factor in managing spectrum scarcity. However, under the current spectrum management approach, it is difficult to adopt innovative technologies that improve spectrum efficiency and flexible usage in the current dynamic wireless market. Recently, there have been several approaches to improve efficient use of spectrum resources, and each approach has its own advantages and disadvantages. Therefore, this research first discusses current issues and analyzes relative social welfare based on the different characteristics of technology and market conditions to compare various attributes of each approach. Based on the techno-economic simulation results, this paper introduces a mixed spectrum management framework for the future wireless service and support policy makers’ decision making. Furthermore, the mixed spectrum policy to spectrum management in Korea is proposed to find a more realistic and efficient spectrum management policy.     

Spectrum allocation and its relevance for competition

Spectrum is one of the most important production factors for mobile telecommunications operators. Spectrum policy is paramount as spectrum is a scarce resource allocated by regulatory authorities. Hence, when allocating spectrum and determining the potential use of spectrum, the regulatory authorities have a significant influence on the competitive situation in mobile markets.     

Opportunity cost of spectrum for mobile communications: Evaluation of spectrum prices in Bangladesh

The purpose of this study is to focus attention on the choice of the reserve price made by the telecom regulator to explain the under-performance of spectrum auctions in Bangladesh. The overestimation of the reserve prices for several auctions in Bangladesh including the auction of the 3G – 2100 MHz band in 2013, the 2G - 1800 MHz band in 2015, and the 4G – 1800 and 2100 MHz bands in 2018 is established by comparing the reserve prices to the economic value of spectrum, determined by using the engineering valuation and production function approaches. Possible reasons for the inflation of the reserve price are discussed.     

The 5G spectrum auction in Chile

In 2021, the Chilean government implemented a first-price package auction to allocate electromagnetic spectrum for 5G mobile services. The auction was run sequentially for different spectrum bands, allowing firms to exploit band complementarities. It was a combinatorial auction, so firms could bid for any combination of blocks within a band. It contemplated spectrum caps – upper limits on the spectrum for each firm – to ensure competitiveness. The beauty contests used in previous processes became obsolete, as there was a need to promote competitiveness and transparency in the telecommunication sector. Four incumbents and one potential entrant participated in the auction. The auction raised more than USD $450 million, which was six times more than the sum of the revenues of all previous contests in the country. We discuss this experience and show how different aspects of the context justified our design choices.     

Mechanisms to incentivise shared-use of spectrum

A key concern with the Licensed-shared access (LSA) approach currently being developed by European regulators is that leaving incumbents and secondary users to agree to bilateral arrangements may be insufficient to incentivise an optimal level of sharing.We propose an efficient auction mechanism to incentivise incumbent users to offer shared access to the spectrum they use. The mechanism consists of two stages. In the first stage, LSA licences are auctioned. In the second stage, the incumbent is provided with a choice of either granting access under an LSA agreement to the winner of the auction or not. If the incumbent accepts, its existing licence fee is reduced, whereas, if it rejects, its existing licence fee is increased. The change in the licence fee is such that a rational incumbent always opts to share when it is efficient to do so, i.e. when the cost of sharing is below the value to the secondary user.We also explore how this simple mechanism can be extended to situations in which there is more than one incumbent in a band. Our proposed approach involves package (combinatorial) bidding and linear reference prices.     

Impact of spectrum management policy on the penetration of 3G technology

Diffusion of 3G cellular technology varies widely across countries and regions. Past studies have shown that lower levels of diffusion of previous technologies and higher levels of income are significant factors in accelerating the take up of 1st and 2nd generation of mobile telephony. In addition, spectrum management policy plays a significant role in shaping 3G diffusion. Regulatory policies regarding spectrum management include mandating band and technology and decisions to hold spectrum auctions. An econometric analysis over a multi-country panel dataset shows that these spectrum management policies do have significant influence on the take-up of 3G. Findings suggest that the presence of multiple technologies for the previous generation is associated with rollout delay. The estimations indicate that countries that mandated a specific frequency band for 3G saw faster roll out, but in the long run those countries experienced a slower growth rate. Also estimations find that 3G diffusion is not significantly affected by the choice of auctions vs. alternative license award processes. Insights gained from this study of the 2G to 3G transition can provide guidance to regulators now contemplating the transition to newer generations.     

Setting licence fees for renewing telecommunication spectrum based on an auction

This paper presents a methodology for setting fees for the renewal or extension of spectrum licences, by using the outcome of an auction for comparable licences but with a different licence period. The methodology is a combination of market and cash flow valuation and consists of two main steps. First, prices for spectrum corresponding to that of the licences to be extended are derived from the auction outcome. Second, the relative value addition of the extension period for the new licensee, compared to the value of the licences auctioned, is derived by using a model for the development of EBITDA for an operator over time. A combination of these two is used to calculate fees that match the opportunity costs of extension. Thus, optimum alignment is achieved with the policy objective of using licence fees only to promote efficient use of spectrum, while avoiding state aid at the same time.     

The impact of spectrum assignment policies on consumer welfare

The radio spectrum that governments license to mobile operators is central to the development of mobile broadband services. However, there is significant variation around how much and when spectrum is assigned as well as its costs. We assess whether policies to assign spectrum had an impact on consumer welfare in 64 countries during the 2010–2017 period. We find evidence that policies that reduce the amount of spectrum available to operators, delay the assignment of spectrum and increase the cost of spectrum all impacted two important consumer outcomes - network coverage and quality. The findings have implications for governments and regulators, particularly those betting on 4G and 5G as enablers of economic growth and sustainable development.     

The evolving 5G case study in United States unilateral spectrum planning and policy

This paper tracks increasingly aggressive initiatives by the United States government to reallocate spectrum on an expedited and unilateral basis well before conclusion of inter-governmental coordination. Rather than embrace the customary commitment to achieve consensus on global spectrum allocations at the International Telecommunication Union (“ITU”), the Federal Communications Commission (“FCC”) has auctioned off large blocks of frequencies for the next generation (“5G”) of wireless services.The FCC might have framed its first 5G auction, reassigning Ultra High Frequency (“UHF”) spectrum, as a one-time deviation from compliance with long standing, intergovernmental coordination procedures. These frequencies have ideal signal propagation characteristics and the Commission could use financial incentives—unavailable in most nations—to expedite “repacking” by incumbent broadcasters willing to move, share or abandon spectrum in exchange for ample financial compensation. However, the FCC has continued to auction off 5G spectrum on grounds that it must find ways to abate an acute shortage of wireless bandwidth and doing so will regain or maintain global leadership in wireless technologies. This paper offers a critical rebuke to unilateral spectrum management, because the short-term benefits expected by the U. S. government likely will be offset by countervailing harms to 5G manufacturers, carriers and consumers. The paper tracks fractious preparation for the ITU's 2019 World Radio Conference by the U.S. delegation and the mixed record achieved there. Additionally, the paper explains how injecting trade, industrial policy and national security issues at the ITU can trigger more delays and disputes, including possible retaliation by nations displeased with U.S. efforts to subvert traditional technology optimization goals.A worst case scenario has the ITU deadlocked and unable to reach closure on “mission critical” spectrum planning issues at World Radio Conferences, convened every four years. The paper concludes that costs and likely challenges to the efficacy and legitimacy of the ITU will reduce the benefits accruing from the FCC's unilateral, spectrum planning campaign.     

Cellular economies of scale and why disparities in spectrum holdings are detrimental

Now that traffic volumes are increasing rapidly, the cost of expanding capacity has become a large portion of expenditures for Mobile Network Operators (MNOs). This paper uses an engineering-economic model to show that there are strong economies of scale when expanding capacity, because an MNO with more spectrum benefits more from every new cell tower, and an MNO with more towers benefits more from every new MHz of spectrum. While it is technically possible to expand capacity by increasing either towers or spectrum holdings, we find that the cost-effective approach is to increase both types of assets at a similar rate. In the absence of countervailing policies, the big MNOs are well positioned to get bigger, in terms of spectrum holdings, towers, and ultimately market share. For policymakers, this economy of scale creates a trade-off between two important objectives: reducing the cost of cellular capacity, and increasing competition. This paper derives the Pareto optimal division of spectrum with respect to these two competing objectives, and shows that any Pareto optimal assignment will split the spectrum fairly evenly among competing MNOs. This is not simply a method of ensuring that there are many competitors; spectrum should be divided fairly evenly regardless of whether the number of competitors is large or small. A large disparity in spectrum holdings may yield poor results with respect to both objectives, i.e. the lower cost-effectiveness of a larger number of MNOs, and the lower competitive pressure of a smaller number of MNOs. One effective way to achieve a division of spectrum that is close to Pareto optimal is a spectrum cap, provided that this cap is set at a level consistent with other policies and policy objectives, including antitrust policy.     

The quest for expansive intellectual property rights and the failure to disclose known relevant prior art

Expansive patent portfolios may be used by firms to fence off technological space for commercialization, impede the commercialization efforts of competitors, and enhance bargaining power in cross‐licensing negotiations. Low quality patents with claims that overlap those of other patents contribute to these portfolios and patent strategies. By failing to disclose known relevant prior art during the patenting process, inventors and their firms may be granted low quality patents with intellectual property claims which would not otherwise have been granted. We find that the failure of inventors to disclose known relevant prior art increases as they gain experience with the patenting process. Such failure is also greater among inventors employed by relatively small, poorly performing firms that rely on outsourced legal counsel during the application process. Copyright © 2014 John Wiley & Sons, Ltd.     

How buyers' expected benefits, perceived risks, and e-business readiness influence their e-marketplace usage

The main objective of this study was to investigate how buyers' usage of electronic marketplaces was influenced by their perceived risks and expected benefits associated with such markets. A large scale survey involving 359 professional buyers was performed. Results indicated that buyers' perceived risks and expected benefits had an influence on their usage extent of electronic marketplaces. In addition, buyers' e-business readiness moderated the relationship between expected benefits and usage of electronic marketplaces. Managerial and theoretical implications of these results are discussed.     

Analysis of spectrum auctions in India—An application of the opportunity cost approach to explain large variations in spectrum prices

The remarkable growth of mobile communication has reinforced the significance of the radio spectrum for mobile network operators. The availability of spectrum varies considerably between different countries due to national regulatory decisions. The focus in this paper is on India where operators have access to a limited amount of spectrum. This paper analyses the value of spectrum by estimating the opportunity cost, which is calculated by the savings that can be achieved by acquiring appropriate amount of spectrum rather than investing in additional base stations. The applied approach combines network deployment, user demand levels, cost, and capacity issues, which are integrated in the application in the opportunity cost approach for spectrum. The opportunity cost of spectrum is compared with prices paid at spectrum auctions. The analysis includes a discussion of drivers that determine the willingness to pay for spectrum. The results show that the opportunity cost of spectrum in relation to auction prices is lower than prices operators paid for 3G spectrum in the metro circles (service areas) while the value derived from the opportunity cost is higher than auction prices in the remaining circles.     

The assignment of call option rights between partners in international joint ventures

We examine call option rights as a contractual clause in international joint ventures (IJVs) and propose that the assignment of the call option right in an IJV is determined by certain ex ante asymmetries between the partners. Results show that between the two partners in an IJV, the firm with greater complementarity with the venture and greater prior IJV experience is more likely to hold the call option right; in addition, the firm's contractual choice on the call option right and its ownership choice on a greater initial equity stake are substitutive. Our focus on explicit call options advances the real options theory of collaborative agreements, and our results also highlight that option rights be considered an important part of alliance design. Copyright © 2013 John Wiley & Sons, Ltd.     

Analysing the C-Band spectrum auctions for 5G in Europe: Achieving efficiency and fair decisions in radio spectrum management

This paper offers a detailed analysis of selected regulatory parameters used as instruments to promote efficiency with fairness for all stakeholders (in the legal sense of equity) in 5G spectrum auctions. Data were collected from sixteen auctions for the C-band that took place in the Member States of the European Union (EU) and in the United Kingdom (UK) between 2017 and 2020 for the introduction of the fifth generation (5G) of mobile communication technology. The selected instruments of intervention are: spectrum packaging, spectrum caps, set-asides, geographical scope of the license, license duration, various forms of license obligations, reserve prices and auction format.Significant differences were observed in national approaches to spectrum packaging, license obligations and reserve prices for efficiency purposes. Our analysis also shows that European national regulators are paying increasing attention to concerns over fairness of decisions on spectrum, or equity, especially by creating opportunities for local private networks to access the spectrum and by imposing requirements on network operators to guarantee more uniform population coverage of newly created 5G networks.