On Mon, Sep 13, 2021 at 1:49 PM Owen DeLong <[email protected]> wrote: > > On Sep 13, 2021, at 12:21 , William Herrin <[email protected]> wrote: > > On Mon, Sep 13, 2021 at 12:01 PM Owen DeLong via ARIN-PPML > > <[email protected]> wrote: > >>> On Sep 13, 2021, at 11:03 , Joe Maimon <[email protected]> wrote: > >>> The most salient difference is that the USG own the airwaves and > >>> regulates them. > >> > >> I am convinced that they regulate them. > >> > >> I am not convinced that they own them. > > > > Ownership is a bundle of 5 rights. If you have all 5, you own the thing. > > > > The right of possession > > Define possession in the context of an EM wave propagating?
These are rights "at law," Owen. That means: what can you -legally- do? If you can -legally- transmit radio waves in a particular frequency band, you have -lawful- possession of it. > > The right of control > > Well, the government has (arguably) some control over some EM waves in some > contexts. > > > The right of exclusion > > Define exclusion in the context of an EM wave propagating? If you can legally enjoin someone else from transmitting radio waves in a particular frequency band, if you can take them to court and the court will issue an injunction, you have a right of exclusion. > > The right to derive income > > I guess spectrum auctions have sort of settled that question. > > > The right of disposition > > Define disposition in the context of an EM wave propagating? If you have the legal right to -sell- all five of these rights to someone else, you have the right of disposition. As you point out, government spectrum auctions have "sort of" settled that question. Regards, Bill Herrin -- William Herrin [email protected] https://bill.herrin.us/ _______________________________________________ ARIN-PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List ([email protected]). Unsubscribe or manage your mailing list subscription at: https://lists.arin.net/mailman/listinfo/arin-ppml Please contact [email protected] if you experience any issues.
