28th European Regional Conference of the International Telecommunications Society (ITS): "Competition and Regulation in the Information Age", Passau, Germany, 30th July - 2nd August, 2017
While the international radio regulations (RR) do not prevent opportunistic access, the application of these regulations largely does not encourage such a concept. This is due to the existence of different elements of restriction within these regulations including the absence of a quantified definition of harmful interference and the lack of enforcement measures for resolving ITU-R interference procedures. It is argued that operating on a non-interference-basis within these regulations discourages the application of opportunistic access. Moreover, there is confusion among many of the ITU-R countries between the application of the RR when it comes to cross-border interference with neighbouring countries, and the application of the RR within the country. In general, it is argued that the main problem with the RR is not only the restrictive elements within them, but also the paradigm that it has created over the course of the last century. Measures that could enable the transformation towards more sharing in the RR are having a dedicated band for opportunistic access devices, and allocating more bands for ISM applications. The second alternative is to enable opportunistic access in a more explicit way in the RR with more rights in higher bands. Having said that, if an entrepreneurial country or groups of countries advocate one of these measures, there could be a transformation at the international level, though this would require enough support from sufficient number of countries within the ITU-R. The last step is to include the regulations related to the concept of opportunistic access in the RR.