tag:blogger.com,1999:blog-25652978.post1224609552745220671..comments2008-09-30T08:11:02.639-04:00MJMhttp://www.blogger.com/profile/07026719682642838870noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-25652978.post-79782869099178888842008-09-30T05:01:00.000-04:002008-09-30T05:01:00.000-04:00Michael<BR/><BR/>I notice that “Ofcom moved aggressively to assist the emergence of property rights”.<BR/><BR/>Strange property rights indeed.<BR/><BR/>For the avoidance of doubt, Ofcom eventually clarified that its spectrum access licences were not exclusive and that there is little likelihood of compensation if Ofcom requires changes to licence conditions which reduce ‘rights’ (spectrum utility) without licensee agreement (involuntary reduction can occur, for example, by Ofcom varying 2.6 GHz licences by introducing new national and cross-border spectrum sharing requirements). Ofcom has reserved its right to issue additional licences after the auction for use of all or part of the auctioned spectrum and no refund will be made except at the absolute discretion of Ofcom (See para 2.14 and Annex 1, para 10 “Auction of spectrum: 1452 – 1492 MHz, Information Memorandum Update” 13 March 2008).<BR/><BR/>Of course, Ofcom says all this would occur after thorough consultation. But we are both very aware of what consultation really involves.<BR/><BR/>Better solutions are available.<BR/><BR/>Michael Whittaker, FuturepaceMichael Whittakerfuturepace.com.aunoreply@blogger.com