This working paper is discussion of the regulation of wireless technologies in the U.S. and in Europe, beginning with the new announcement of spectrum in the U.S. for “Advanced Wireless Services,” and continuing on to discuss wireless technology as it applies to spectrum management and general regulatory principles.

The working paper’s emphasis is on the results of the four years of proceedings in the U.S. to approve Ultra-Wideband Technology (UWB). A discussion of UWB has recently begun in Europe through the CEPT SE24 and ETSI TG31a projects. It is likely that European regulation will produce industry and governmental concerns similar to those in the U.S., and likewise, similar regulatory constraints.

The working paper also includes a preliminary discussion of how new technologies like UWB may question scarcity in spectrum management, and how this may impact freedom of expression principles under the U.S. Constitution and the European Convention for Human Rights.

Finally, a discussion of the Federal Communications Commission (FCC) rulemaking procedure in the U.S. is also included, with suggestions for alternatives to improving the FCC’s efficiency as an administrative lawmaker, such as an interim-final rulemaking procedure, and lessons that the FCC can learn from its sibling FDA. The regulation of spectrum by the courts by a discussion is also included in light of the of the NextWave and GWI litigation.

Comments and feedback to the author are encouraged.