Spectrummanagementlatinamericaversiondigitalcopy

University of Hertfordshire
Faculty of Law

Gustavo A Perozo
LLM

CONTENTS
INTRODUCTION
Background of the study

3

The objective of the study

6

Scope and structure

7

CHAPTER 1
1 Sound spectrum management policy
1.1 Definitions of the concept

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8

1.2 Evolution in the Sound spectrum management policy
1.2.1 Towards to an efficient spectrum management
1.2.2 Newspectrum regulation challenge resulting from technology progress
1.2.3 A summary of the current understanding

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9
11
13

CHAPTER 2
2.1 Sound spectrum management policy in the United States
2.1.2 Moving to flexibility and freedom for Spectrum users.

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17

2.2 Sound spectrum management policy in United Kingdom

20

CHAPTER 3
3.1. Towards the regulation of radio spectrum inlight of “Wi-Fi” technology 24
3.2 The Allocation of spectrum for exclusive rights versus unlicensed use.

27

3.3 Developments in Wi-Fi technology

29

CHAPTER 4
4.1 Sound spectrum management policy, in Latin America and the Caribbean in
line with “Wi-Fi” technology
32
4.2 Argentina

34

4.3 Brazil

36

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University of Hertfordshire
Faculty of Law

Gustavo A Perozo
LLM4.4 Colombia

39

4.5 Peru

41

4.6 Trinidad and Tobago
44
4.6.1. Proposal of exemption of Systems in the 2.4GHz Band and Systems in the
5.8GHz Band
46
4.6.2. Conditions of Operation
46
4.7 Venezuela

47

CHAPTER 5
5 Spectrum management policies and licenses
50
5.1 Consequences of bad government planning in the issuance of 3G (IMT-2000)
licenses
51
5.2 The model forspectrum management in the Caribbean and Latin America 57
5.3 A proposed to set of guiding principles for efficient spectrum management 60
CHAPTER 6
6.1. Summary

61

6.2. Conclusions

62

BIBLIOGRAPHY
Books

67

Articles

67

Legislation

70

Other Written Sources

70

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University of Hertfordshire
Faculty of Law

Gustavo A Perozo
LLM

INTRODUCTION
Backgroundof the study
Use of the radio spectrum is essential for the provision of a wide variety of
telecommunications services and over the past few years the developments in
telecommunications technologies and the demand for new telecommunications
services have positioned an even greater demand on the use of the radio frequency
spectrum.

Wireless communications industry has grown to become oneof the largest in the
world. Radio local area networks (RLANs) – commonly known as “Wi-Fi” – could be
set up in a remote region of the mountains where there are no phones or other means
of communication.

Spectrum management has been highly managed for 100 years. Now, regulators
around the world are beginning to change radically the way in which radio spectrum
is made available. Spectrumpolicy appears to be coming to an important point. For
instance, the Federal Communications Commission (FCC) in the United States and
Congress are poised to take on significant reform of his system. A Spectrum Policy
Task Force was established in June 2002 to assist the Commission in identifying and
evaluating changes in spectrum policy that will increase the public benefits derived
from theuse of the radio spectrum. They provide recommendations to the
Commission for ways in which to evolve the traditional process of spectrum
management "command and control" approach to spectrum policy into a more

3

University of Hertfordshire
Faculty of Law

Gustavo A Perozo
LLM

incorporated, market-oriented approach that provides greater regulatory confidence,
while minimizingregulatory interference.1

Spectrum policy is not keeping rate with the persistent spectrum demands of the
market and the regulators tend to re-think their established view in terms of allocation
of spectrum. They are re-examining years of spectrum policy to ensure that the
spectrum policies evolve with the consumer-driven evolution of new wireless
technologies, devices, and services. More...