주파수이용권의 양도·임대에 관한 고찰

Abstract

As radio frequency is infinite but limited resources, legal controls shall be imposed on its usage. Most countries have their own legal system to control and regulate the usage of radio frequency. In Korea, the Radio Waves Act(“the Act”) is the basic regulatory act of this usage, which is based on Radio Regulations(“RR”) of the International Telecommunication Union(“ITU”). The purpose of this study is to analyze “Allotment of Frequency” and “Right to Frequencies”, and to suggest two alternative measures. The first one is to renovate the existing frequency allotment system. Compared with any other country’s law related with radio frequency, the Act, which was wholly amended by 2000, rules “Allotment of Frequency” that means granting specific persons the right to utilize specified frequencies. It is similar to radio frequency auction or spectrum license but unique to Korea. It makes a frequency regulation system all the more complicated. With that reason, repeal of frequency allotment should be considered. The second one is to clarify the “Right for Utilization of Frequencies”. The subject of right and the standard of transfer or lease of right may be established clear. Radio frequency is very important resources for Information Technology, but is also limited resources to use. Efficient legal systems that control and rule radio frequency may be needed. In this study, I have suggested more efficient legal systems that would be suitable for present situation in Korea.