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Research On The Use Right Of The Radio Spectrum Resources

Posted on:2014-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:S P HuFull Text:PDF
GTID:2296330467452956Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The wireless radio-frequency spectrum is collection of radio frequency, and the following part of the electromagnetic spectrum3000GHz.The radio spectrum resource is a substance in the nature, the matter on the civil law. Radio waves based on a point of the central layer corrugated to spread around, the mobile transmitting device does not make the radio waves move, so the radio spectrum is immovable property. Ownership of radio spectrum resource belongs to the nation, right to the use of the radio spectrum is usufructuary derived from the national ownership.As for the legislation on use right of wireless radio-frequency, foreign countries usually began from its use right. America, Canada and Australia made specific rules on the use of wireless radio-frequency resource, including inviting tenders, auction as its way, circulation system of frequency use right and relief approach of users. In our country, the rules of right on wireless radio-frequency resource are too principle, that is to say, there are only some rules on unified planning, rational utilization and paid use, but lack of practical operability.With the development and use of wireless electric technology, it become important technology resource on national security, economic development and improvement on daily life. As we can see, the wireless radio-frequency resource make a great profit, we should also notice the problems on imbalance between supply and demand, the statues that complex electromagnetic cause radio interference event happens.The followings are the problems of the use right of radio spectrum resource, unconscious infringement behavior is widespread, lack of fair coemption system on its administrative establishment, the limitation on its use right, lack of protection of rights for the users and defects on enforcing the law and the intensity of punishment.As for the problems above, popularizing law and education on wireless radio-frequency should be made. In order to obtain its use right, we should introduce market distribution mechanism, establish its circulation system on its use right, guarantee its use muti-right relief methods, and its law enforcement power and the intensity of punishment on wireless management organization.
Keywords/Search Tags:wireless spectrum resource, right to use, real right for usufruct, legal advice
PDF Full Text Request
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