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Spectrum Management System in the US : Legal Issues and Its Implications
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미국 전파관리제도의 법적 쟁점과 시사점

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Type
Academic journal
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Journal
Center for Law & Public Utilities Journal of Law & Economic Ragulation Vol.2 No.2 KCI Accredited Journals
Published
2009.11
Pages
5 - 27 (23page)

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Spectrum Management System in the US : Legal Issues and Its Implications
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Abstract· Keywords

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Spectrum management was initially emerged to avoid and solve interference. Recently, as a new concept of promoting efficient use of spectrum has been added to its purpose, it has become an important task in the communications sector worldwide. In this context, this article examines legal issues of the spectrum management system of the US and draws implications for our system. In the first section, the legal nature of the right to spectrum is examined based on the relevant statutes and regulations, as well as case law. This shows that in the beginning it was a mere right to use spectrum with few sticks of rights until the license expires or is revoked, and has now evolved and developed to a de facto full-fledged property right.
In the next section, the American spectrum management system, whose aim is to rationalize and optimize the use of spectrum, is divided into three categories and analysed separately. The three categories are appropriate responses to the spectrum environment changes, securing appropriate frequency bands, and efficient assignment of spectrum. For the first category, the three spectrum management models which have been extensively studied by the FCC’s Spectrum Policy Task Force are briefly reviewed and the flexibility of spectrum use is discussed. For the second and third categories, spectrum relocation, and spectrum auctions and leasing are examined, respectively.
Lastly, this study on the American spectrum management system has following implications for our system: establishing a definition of the legal nature and contents of the right to spectrum, increasing the flexibility of spectrum use, introducing spectrum auctions, and implementing and promoting spectrum leasing.
#전파관리(Spectrum Management) #주파수권리(Spectrum Right) #재산권(Property Right) #주파수 관리 모델(Spectrum Management Models) #주파수 이용의 유연화(Flexibility of Spectrum Use) #주파수 회수와 재배치(Spectrum Relocation) #주파수 경매제도와 임대제도(Spectrum Auction and Leasing)

Contents

〈국문초록〉
Ⅰ. 서설
Ⅱ. 미국법상 전파 및 주파수 권리의 법적성질
Ⅲ. 미국의 전파관리제도
Ⅳ. 우리나라에 주는 시사점
〈ABSTRACT〉

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