Reader Matt Richards of Constant Wave, a vendor of signal-analysis software, reports on an area where standardized contracts could do some good:
I was at a spectrum sharing conference this week, and it seems like a target-rich environment for lawyers in general. However, someone commented that a lot of progress could be made by businesses making agreements between themselves with appropriate contracts, and thereby not waiting for the government to develop more regulations. That made me immediately think of you.
The problem is that most spectrum is unused, and yet there is a huge demand for spectrum. Typically, the licensees are afraid to sublicense their spectrum when they aren’t using it because they think it may be illegal and they are concerned about what recourse they would have if the other party interfered with their use. It was noted that contracts already address these sorts of issues every day in other areas.
One example is a school district that broadcasts during school days. The spectrum is unused otherwise, the district could raise funds by leasing it (new ongoing revenue stream), and a business that would otherwise be shut out would be able to provide a service to customers. Seems like a win-win-win, but things are largely frozen, and a lack of trust was often cited as the culprit.
One presenter was the Peter Stanforth, the CTO and Founder of Spectrum Bridge, who is trying to create a secondary market for unused spectrum.
Feel free to pass this along to anyone who might be interested.
And, as always, thanks very much for your blog.