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54. Donaldson, Lufkin & Jenrette. 1994. "The Wireless Communications Industry," Summer, p. 68.

55. MacAvoy, Paul W. 1994. "Tacit Collusion by Regulation: Pricing of Interstate Long-Distance Telephone Service," Working Paper #37, Yale School of Organization and Management, August, pp. 37–47.

56. Ward, Michael R. 1995. "Measurements of Market Power in Long Distance Telecommunications," Bureau of Economics Staff Report, Federal Trade Commission, Washington, D.C., April.

57. 1995 WEFA Study, supra n. 1.

58. Milton Mueller has explained that "as a barrier to entry, getting an allocation through the administrative process can be far more formidable than paying for access to spectrum." Mueller, Milton. 1988. "Technical Standards: The Market and Radio Frequency Allocation," Telecommunications Policy, March, p. 51.

59. Kwerel, E., and A.D. Felker. 1985. "Using Auctions to Select FCC Licensees," FCC OPP Working Paper, May, pp. 12 and 17.

60. Id.

61. Affidavit of Paul H. Rubin (June 14, 1994), attached to Motion of Bell Atlantic Corporation, BellSouth Corporation, NYNEX Corporation, and Southwestern Bell Corporation to Vacate the Decree, United States v. Western Elec. Co., No. 82-0192 (D.D.C. July 6, 1994).

62. Rubin averaged data provided in several waiver requests on the fixed and annual costs of delaying approval of the waiver, and extrapolated these costs over all waivers. Because over 96 percent of waiver requests are approved, and thus presumed to be procompetitive, and because individual anticompetitive requests are less harmful than individual procompetitive waivers are beneficial, the waiver process results in significant wasted resources, time, and money. The costs due to rent-seeking and deterrence of procompetitive activities are specified in less exact terms, but Rubin's reasonable estimate places them in the hundreds of millions of dollars.

63. Id.

64. Report and Order, Inquiry into the Development of Regulatory Policy in Regard to Direct Broadcast Satellites for the Period Following the 1983 Regional Administrative Radio Conference, 90 F.C.C.2d 676 (1982), recon. denied, Memorandum Opinion and Order, Regulatory Policy Regarding the Direct Broadcast Satellite Service, 94 F.C.C.2d 741 (1983), aff'd in part sub nom. National Association of Broadcasters v. FCC, 740 F.2d 1190 (D.C. Cir. 1984).

65. See World Communications v. FCC, 735 F.2d 1465 (D.C.Cir. 1984).

66. Spectrum can be subdivided into a main channel and a number of "subchannels" or "subcarriers," both of which can be transmitted simultaneously.

67. First Report and Order, Dkt. No. 82-536, 48 Fed. Reg. 28445 (1983); Second Report and Order, Dkt. No. 21323, 49 Fed. Reg. 18100 (1984); Amendment of Parts 2 and 73 of the Commission's AM Broadcast Rules Concerning the Use of the AM Sub-carrier, 100 F.C.C.2d 5 (1984).

68. Amendment of Parts 2, 73, and 76 of the Commission's Rules to Authorize the Offering of Data Transmission Services on the Vertical Blanking Interval by TV Stations, 101 F.C.C.2d 973 (1985).

69. Coase, R.H. 1959. "The Federal Communications Commission," 2 J.L. & Econ. 1, pp. 14 and 25.

70. National Telecommunications and Information Administration. 1991. U.S. Spectrum Management Policy: Agenda for the Future, February, p. 7. Henry Geller, former NTIA administrator and former general counsel for the FCC, co-authored a report that explained that "charging for the spectrum is particularly appropriate now in light of the weakness of traditional broadcast public trustee regulation and the growing demands on the spectrum overall." Geller, Henry, and Donna Lampert. 1989. "Charging for Spectrum Use," Benton Foundation Project on Communications and Information Policy Options, p. ii.

71. National Telecommunications and Information Administration. 1992. U.S. Spectrum Management Policy: Agenda for the Future, February, p. 8.

72. Market Reports. 1994. "Australia—Pay TV Overview," September, p. 19.

73. Ellis, Stephen. 1994. "Australia: MDS Pay-TV Auctions Net $90.6M," Australian Financial Review, August 19.

74. Davies, Anne. 1995. "Australia: Facts Lay Groundwork for ABA Legal Challenge," Sydney Morning Herald, January 27.

75. New Zealand Herald. 1991. "New Zealand: Seven Radio Frequencies for Auckland," January 12.

76. New Zealand Herald. 1990. "New Zealand: Telecom Free to Bid for Mobile Phones," May 17.

77. New Zealand Herald. 1990. "New Zealand: Space on Airwaves Costs Sky $2.2M," March 28.



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