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Hastings Comm and Ent. Law Journal Publishes, “How the Traditional Property Rights Model Informs the Television Broadcasting Spectrum Rationalization Challenge”

The Hastings Communications and Entertainment Law Journal (COMM/ENT) publishes Armand Musey’s article, “How the Traditional Property Rights Model Informs the Television Broadcasting Spectrum Rationalization Challenge” in its Spring 2012 edition – 34 Hastings Comm. & Ent. L.J. 145 (2012).

Mr. Museyt’s paper finds that eminent domain may be a reallocation approach that provides a reasonable framework for negotiating a buyout price for television broadcasters. At the same time, the threat of uncompensated rezoning of broadcasters’ spectrum to deprive it of broadcasting use gives the government a “stick” to encourage the broadcasters to agree to reasonable terms to vacate their spectrum. Although the government may not explicitly threaten eminent domain or re-zoning, the availability of these options should the auction process fail are likely to inform the negotiations and help provide an equitable outcome for the broadcasters and the U.S. Government.

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