International and National Law Aspects of Radio Frequency Spectrum Regulation

Abstract

In most countries academic researchers have access to advanced academic telecommunications networks and infrastructures to test and demonstrate the results of their research work. These networks are usually funded by national or regional public authorities. To provide access to the academic networks on a wider scale, European and international collaboration initiatives have been taken. For the fixed network environment this may suffice but the situation is different in the wireless context, partly because here, researchers must, in one way or another, obtain spectrum usage rights. Today spectrum usage rights can be quite easily obtained in the restricted territorial space of a testbed. Yet, small-scale testbeds are not sufficient anymore for realistic validation, and the scientific community today needs large-scale field deployments working with the same radio spectrum as the commercial networks and capable of supporting new technologies and services. The evolution from lab testbeds to field deployments is required to increase the validation capabilities for complex systems like connected cars, massive Internet of Things (IoT) or eHealth solutions. Appropriate frequency bands, needed by researchers to carry out, for example, large-scale 5G experiments, are generally allocated via auctions and on an exclusive basis to large mobile network operators. While it is perfectly feasible for these MNOs to keep dedicated slices for tests and demonstrations in their networks separate from their day-to-day operations without negative effects for the latter, there are few regulatory mechanisms for stimulating MNOs to make parts of their spectrum usage rights available for the academic research community. All EU Member States allow shortterm licenses for the use of radio spectrum for research, testing, and experimental purposes, but procedures, requirements, and costs for obtaining such license vary significantly. These national differences do not allow for the creation of a persistent and pan-European network of wireless capacity for research, testing, and experimental purposes. On the secondary market, leasing or transferring radio spectrum usage rights is possible, and procedures seem more harmonized. The subject of the study is the legal regulation of the use of the radio frequency spectrum both at the international and national levels. As a result, general and specific approaches to its regulation, prospects for their further development are formulated. The work is based on a systematic approach. Various methods are used, such as formal-logical, comparative-legal, historical. Together, they make it possible to compile a complete picture of the development of legal regulation in the topic under study.
For citation: Dumortier J., Bogdanovskaya I. Yu., Vandesande D. International and National Law Aspects of Radio Frequency Spectrum Regulation. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 286–309. (In Russ.) DOI: 10.17323/2072-8166.2021.5.286.309.