To: Maurice Winn who wrote (4315 ) 4/30/1999 4:14:00 AM From: djane Read Replies (1) | Respond to of 29987
1840s Treaty Hinders New Zealand Auction From the April 26, 1999 issue of Wireless Week By Stewart Taggart SYDNEY, Australia--New Zealand postponed an auction of third-generation spectrum while a tribunal considers whether a 19th century treaty between native Maori and European settlers applies to resources such as wireless communications. In 1840, outnumbered New Zealand settlers struck a pragmatic deal with the warlike Maori. The resulting Treaty of Waitangi committed both sides to sharing the islands' abundant natural resources. But no one knew about radio waves in 1840. Does the treaty apply? That's just one of the questions the 17-member Waitangi Tribunal must examine before the auction can proceed. Following hearings later this month and in early May, the panel will make a final report by the end of June. The report will serve as the basis for negotiations between Maori and the government. If the Waitangi Tribunal decides the spectrum sales are covered under the treaty, the report could suggest that Maori share in the financial proceeds of the auctions, or that some spectrum be set aside for Maori use. The New Zealand Commerce Ministry planned to sell various rights in the 1710-1880 MHz, 1920-1965 MHz, 2025-2155 MHz and 2208-2300 MHz frequency ranges via simultaneous ascending auction beginning March 29. Just three days before bidding was to start, Communications Minister Maurice Williamson announced a three-month suspension of the auction so the treaty issues could be examined. Perhaps the biggest question the New Zealand panel must consider will be whether the Waitangi Treaty extends to resources unknown in 1840. In a preliminary report, the tribunal acknowledged a mixed record of precedents regarding exploitation of other resources undiscovered in 1840 such as gold and oil. It also must consider whether the treaty can cover a resource that is largely useless without an advanced technology to access it. Meanwhile, auction participants are anxious to start the proceedings. "It would have been more convenient for us if the auction had proceeded as planned," said Clive Litt, spokesman for Telecom New Zealand, the nation's former monopoly telecom company. "But there's nothing we can do about it." Mark Champion, spokesman for Vodafone NZ Ltd., also said his company would have preferred for the auction to go ahead as scheduled. | Home Page | Site Map | Search Archive | PowerSearch | | International | Wireless Web Sites | Hot Stories | Please send comments and suggestions on this Web site to jcollins@chilton.net Wireless Week, 600 S. Cherry St., #400, Denver, CO 80246 Voice: 303-393-7449, Fax: 303-399-2034 Published by Cahners Business Information © Copyright 1999. All rights reserved.