Digital switchover and regulatory design for competing white space usage rights

There has been sustained regulatory support for the development and use of ‘white space’ devices on UHF broadcast spectrum, particularly to provide wireless broadband services on a secondary or ‘unlicensed’ basis. However, as regulators reallocate UHF spectrum released by the digital switchover to new services requiring a high degree of licence certainty (e.g. cellular networks) there will be incompatibilities between the rights of the new licensees and those of unlicensed white space users. What becomes of entrenched secondary usage rights if broadcast spectrum is reallocated to telecommunications and re-licensed on far more exclusive conditions than those currently prevailing for white space devices operating on a secondary basis to broadcasting services? Wide-spread deployment of white space devices could seriously complicate the reallocation of UHF band primary services from broadcasting to higher value users. This article considers Australian regulatory arrangements in light of this issue and suggests licensing reforms required to manage competing white space usage rights in the future.