Unlicensed to kill: a brief history of the Part 15 rules

The purpose of this paper is to provide a brief history on the Part 15 rules.

The approach takes the form of a systematic overview of spectrum policy applied to rules governing unlicensed devices since 1938.

Much of the policy debate in the last decade has been couched in terms of how spectrum rights are defined. The jurisprudence underlying the Part 15 rules is that unlicensed spectrum is not spectrum at all. Rather, the rules concentrate on the effective power and modulation characteristic of the radio devices themselves. Perhaps this is the next great idea for all spectrum policy: spectrum does not really exist. It is merely an idea – a concept – a way of describing and organizing the physical world in people's minds and actions. Spectrum is a legal and engineering construct to control for an immutable fundamental physical property.

Research limitations encompass typical limitations of a case study of a historical event.

The paper informs ongoing efforts to update and modernize spectrum policy.

The paper provides a retrospective view of spectrum policy.