Some writers on technology and law argue that there is no shortage of the electromagnetic spectrum through which television, radio, and broadband can be broadcast. One Supreme Court case, Red Lion, points to spectrum scarcity as a basis for Federal Communications Commission (FCC) jurisdiction to regulate broadcasting including the promulgation of its indecency rules.

Of relevance to this debate, the Washington Times recently published two articles on the FCCs proposal to reallocate spectrum from broadcasting to broadband. The first article contains an interview with former-senator Gordon H. Smith, president of the National Association of Broadcasters. The second story contains more details about the potential impact of the spectrum swap (grab?) on broadcasters.

Whatever the pluses and minuses of the idea of a swap, it is pretty clear that there isnt enough spectrum to go around. Furthermore, as the number of wireless applications grows, the demand for spectrum will only increase until some completely superseding technology arises.