[arin-ppml] Change of Use and ARIN (was: Re: AFRINIC And The Stability Of The Internet Number Registry System)

[William Herrin]

On Mon, Sep 13, 2021 at 1:49 PM Owen DeLong <owen at delong.com> wrote:
> > On Sep 13, 2021, at 12:21 , William Herrin <bill at herrin.us> wrote:
> > On Mon, Sep 13, 2021 at 12:01 PM Owen DeLong via ARIN-PPML
> > <arin-ppml at arin.net> wrote:
> >>> On Sep 13, 2021, at 11:03 , Joe Maimon <jmaimon at chl.com> 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
bill at herrin.us
https://bill.herrin.us/