Legal Issues regarding Prior Permission Regime for Radio Spectrum Usage

• Main Authors: Wu, Liang-Chu, 吳糧竹
• Other Authors: Peng, Shin-Yi
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/07304072623671691600

碩士 === 國立清華大學 === 科技法律研究所 === 100 === Our government has adopted the prior permission regime for radio spectrum usage for a long time. The regime requires that users have to comply with certain requirements and technical specifications and approved by the regulator of their license applications before they use specific radio bands. The legitimacy of such a heavy regulation is generally believed that the spectrum is scarce, if two or more devices transmit message by using the same radio band at the same time and place, they will interfere with each other and can’t be used. However, the “underground radio” issue in our country exactly shows the inefficiency of this regime. In July 2010, the Council of Grand Justices delivered Constitutional Interpretation No. 678, which responded to the underground radio station operator’s petition, made the discussion of maintaining the prior permission regime or not into the constitutional level. The various spectrum sharing technologies develop rapidly today, so the prior permission regime that requires users to apply exclusive licenses before they use spectrum due to the scarcity has gradually been challenged. The spectrum policy of our country also needs to be reviewed and adjusted. On the other hand, the regulators of foreign countries have gradually thought outside the box. For example, the United States and the European Union have issued the regulatory regime for spectrum sharing. Refer to the experience of the United States and the European Union, this article will put forward the appropriate suggestion for the regulatory regime for spectrum which is able to respond to changes in technological development.