주파수 재할당 제도의 법적 문제

The Spectrum(to be exact, radio frequency electromagnetic spectrum) is a conceptual tool used to organize and map the physical phenomena of electromagnetic waves. These waves propagate through space at different frequencies, and the set of all possible frequencies is called the electromagnetic spectrum. The Spectrum is an aspect of the physical world which, like land, water, and air, is subject to usage limitations. Use of radio frequency bands of the electromagnetic spectrum is regulated by governments in most countries, in a spectrum management process known as spectrum assignment or frequency assignment. It is conspicuous trend in recently spectrum management policy to symmetrize the spectrum usage rights of private with the public interest of spectrum. The spectrum reassignment system of the Radio Waves Act is One of the reflection of this trend. Accordingly is legal problem, whether the spectrum reassignment is discretional disposition or not. Effective spectrum management requires regulation at national, regional and global levels. The goals of Spectrum Management include: rationalize and optimize the use of the RF spectrum; avoid and solve interference; design short and long range frequency allocations; advance the introduction of new wireless technologies; coordinate wireless communications with neighbours and other administrations. Because of these public interest of spectrum, most countries consider spectrum as an exclusive property of the state. The spectrum is a national resource, much like water, land, gas and minerals. Unlike these, however, the spectrum is reusable. Accordingly is necessary, that the spectrum controled exclusive and efficiently by the state. The spectrum management is typically characterized by public interest. Therefore it is reasonable in the present Radio Waves Act as well as in legal theory, that the spectrum reassignment of Radio Waves Act is looked upon as discretional disposition. In conclusion, it is necessary in the present Radio Waves Act to try to raise the public interest of spectrum in the spectrum management including the spectrum reassignment.