Eli Noam has proposed using nascent technologies to treat the electromagnet
ic spectrum as an open-access commons rather than as a subdivided collectio
n of property rights. In his view, public auctions reduce competition, thre
aten free speech, foster fiscal mismanagement, and presume illegitimate gov
ernment ownership of spectrum. But government auctioning is our collective
decision to self that which we all "own" to foster spectrum efficiency via
the market. Threats to free speech are exaggerated, especially when asserte
d on behalf of corporations. Noam correctly observes that a government auct
ioneer might make too little spectrum available, but concerns about fosteri
ng oligopoly are exaggerated. His open-access alternative would likely incr
ease the cost of assembling the substantial long-term rights to use spectru
m for standardized, reliable telecommunication services. If the benefits of
open access ever exceed the costs, spectrum owners could carry out the nec
essary subdivision, management, and congestion-based pricing.