REGULATION OF RADIO FREQUENCY SPECTRUM AND ITS IMPLEMENTATION CHALLENGES IN THE PERPECTIVE OF INTERNATIONAL LAW

Abstract

The radio frequency spectrum is a limited natural resource which is very vital and strategic in the operation of telecomunications. Considering that the radio frequency spectrum is a limited natural resources, its management is regulated internatioanlly by the International Telecomunication Union (ITU), in which details are set out in the radio regulations (RR) as an integal part of the ITU Convention. The study is based on applicable legal regulations and is supported by literature studies. The result of the study indicate that the regulation of the radio frequency spectrum is based on radio regulation, international agreements within the ITU throught the World Radiocommunication Conference forum. The implications of regulating the use off the radio frequency spectrum always take into account the general public needs for the dynamics of the progress in telecomunications technology, of which implementation of its utilization rest on the principle of fairness and equity between regions and efficiency. Therefore, all policies made are directed at creating a market balance, ensuring fair competition between telecomunication operators as a potential to prevent market dominance, as well as protecting consumers.