Testimony of Michael D. Gallagher
Acting Assistant Secretary for Communications and
Information
National Telecommunications and Information
Administration
U.S. Department of Commerce
Before the
Committee on Government Reform
Subcommittee on National Security, Emerging Threats,
and International Relations
House of Representatives
March 17, 2004
Good
morning, Chairman Shays and Ranking Member Kucinich and distinguished members
of the Subcommittee. I would like to
thank you for inviting me here to testify today on the important topic of
improving U.S. success at International Telecommunication Union (ITU) World
Radiocommunication Conferences (WRCs). I
am Michael D. Gallagher, Acting Assistant Secretary for Communications and
Information, U.S. Department of Commerce.
Introduction
Why are WRCs
important to the United States? In
short, WRCs are the way the nations of the world, meeting collectively at the
ITU, regulate spectrum usage at the international level. Radio spectrum is an invisible, but
indispensable building block for America's future. It is a natural resource that fuels economic
growth. It is key to our nation's
digital defense and our citizenry's safety.
It is a wireless link that can enable anyone, anywhere to access the
resources available on the worldwide web.
Employment in industries such as mobile radio remains strong. It is an industry, however, where constant
renewal and change dominate. A constant
flow of new technologies, services and products characterizes this global
market. Government policies for spectrum
must keep pace in order for U.S. companies to stay in the race with their
international competitors. New startups
such as Vivato and Atheros contribute growth in the high technology economy and
rely on the U.S. government’s ability to make spectrum available. In 2003, the United States achieved
outstanding successes by more than doubling the available spectrum and agreeing
on common global rules for 5GHz WiFi devices and “Internet in the Sky” services
from passenger aircraft using the 14 GHz band.
The results of the WRC in these two examples lead directly to the
ability of U.S. companies to market products and services worldwide. Having an ITU allocation and rules in place
are already helping U.S. industry to market in countries previously closed to
such devices and services.
WRCs are
increasingly important to many of the critical functions of Federal agencies,
particularly in the areas of national security and homeland defense. Many of the Department of Transportation
(DOT) activities for maintaining safe transportation networks and the National
Aeronautics and Space Administration (NASA) activities rely on spectrum to
operate globally. Without spectrum these
agencies and many others could not do their jobs. Two examples where national security
interests were at stake at the World Radio Conference 2003 (WRC-03) were
spectrum allocations for radars and for the Global Positioning System
(GPS). The U.S. delegation protected our
ability to operate critical radars in a number of frequency bands, including
operation in all parts of the world for force protection radars in the 13 GHz
band. The U.S. Delegation also overcame a challenge to GPS modernization from
Europe’s interest in exploiting the commercial benefits of global satellite
positioning.
To succeed
in these issues requires that all parts of the government pull together. In the cases above, the National Security
Council and the National Economic Council played a major role in focusing the
debate and moving the United States government to a common position.
The United
States government must continue to be prepared to address the challenges
presented by WRCs or risk the likelihood of relinquishing its global leadership
role in telecommunications technology and use.
Improvements within the process can be made, and the National
Telecommunications and Information Administration (NTIA) is committed to
continual improvement in our efforts, working alongside the Department of State
and the Federal Communications Commission (FCC).
On the
President's behalf, NTIA manages the use of the radio frequency by the Federal
agencies. In this role, NTIA processes
Federal agencies' requests for frequency assignments; coordinates current and
future spectrum requirements among the Federal agencies; and along with the FCC
and the Department of State, develops and promotes the United States
government's position on spectrum management issues within international treaty
bodies and other fora. Because of its
unique role as policy adviser and spectrum manager, NTIA must bring together
the spectrum interests of Federal agencies and advance policies that promote
the benefits of technological developments in the United States for all users
of telecommunications services. As the
manager of the Federal spectrum, NTIA promotes policies to accommodate new
technologies that need spectrum, to improve spectrum efficiency, to increase
private sector access to scarce spectrum resources, and to plan for future
Federal spectrum needs, including those critical to national defense, public
safety and law enforcement.
U.S.
communications needs are global. The
United States must be capable of operating any time and anywhere in the
world. Communications are the backbone
of our economic and national security.
Therefore, it is imperative that the management of spectrum is
accomplished internationally so that the United States and all other nations
have a level playing field. The
international framework must also be forward-looking and flexible to
accommodate future technologies that tend to move faster than traditional
approaches toward international negotiations.
To reach our
goals, the United States must do its best to prepare for, participate in, and
implement the results that provide the framework for international operation of
telecommunications. The success of the
United States meeting its spectrum needs globally and to protect its use of the
spectrum domestically depends primarily on the ability of the NTIA, the
Department of State, the FCC, other Federal agencies and the private sector to
work together.
NTIA and the
FCC have to work hand-in-hand on domestic spectrum management policies on a
daily basis. Approximately 70 percent
of the allocated radio spectrum below 30 GHz is shared, and there are many
overlapping spectrum issues affecting the non-shared portion (about 23 percent
non-Federal government and 7 percent Federal government exclusive) in this
spectrum. FCC Chairman Powell and I have
made it a major goal to coordinate our efforts domestically and internationally
through preparation for and participation in the ITU and regional spectrum
management activities. Our partnership with the State Department through the
leadership of Ambassador Gross, the U.S. Coordinator and Deputy Assistant
Secretary for International Telecommunications Policies, ensures a well-focused
and integrated foreign policy. Improving
U.S. Spectrum Policy and WRC Challenges
As you are
aware, President Bush established the “Spectrum Policy Initiative” to promote
the development and implementation of a U.S. spectrum policy for the 21st
century. He directed the Secretary of
Commerce to chair the initiative. The
initiative involves an interagency task force to develop recommendations for
improving spectrum management policies and procedures for the Federal
Government as well as an examination of ways to improve spectrum management for
State, local, and private sector spectrum use.
The
Administration is committed to promoting the development and implementation of
a U.S. spectrum policy for the 21st century that will foster
economic growth, ensure our national and homeland security, maintain U.S.
global leadership in communications technology development and services, and
satisfy other vital U.S. needs.
Successful participation in WRCs is one way for the United States to
maintain global leadership in communications technology development and
services.
At the
international level, the ITU faces the same spectrum management challenges as
those faced by the United States every day.
The ever-evolving technical, economic and political environment makes
WRCs particularly complex domains. There
are challenges of threats to security and safety, of static processes and
legacy regulations in a dynamic field, and of the finite nature of access to
the radio spectrum. The ITU, and in
particular WRCs, often have complaints leveled against them regarding the
length and complexity of the spectrum allocation process, policies that cause
inefficient use of spectrum and the lack of efficiency stimulating incentives,
and delay in accommodating new services and technologies in the spectrum. The United States is leading the way by
example is working to overcome these tendencies in the ITU and to make the ITU
less reactive. The ITU needs to
anticipate future spectrum needs rather than waiting for technology to be
deployed before beginning the international allocation process. NTIA also wants to eliminate hurdles the ITU
at times erects that limit the ability to share spectrum or to accommodate new
needs or capabilities.
WRC Process and
U.S. Success
By convening
WRCs, the ITU develops international radio regulations that have treaty
status. WRCs set the stage for future
technological development by allocating radio frequency spectrum to radio
services, establishing spectrum use coordination methods, establishing
international rules for radio equipment operation, and identifying spectrum for
specific uses. NTIA, with the support of
the Federal agencies, partners with the State Department and the FCC in
preparing for and participating in these conferences.
The United
States has historically been very successful in achieving its objectives at the
WRCs as a result of good preparation, the leadership of the heads of the United
States delegations, and efforts of the United States delegation. In an organization where the United States has
one vote among the 189 ITU member states, our achievements have actually been
quite extraordinary.
In addition
to the “headline” issues like 5 GHz and GPS that were resolved at WRC-03, there
are many other important issues that the WRC must address. For WRC-03, the agenda contained 48
identified items. These items touched on
almost all radio services and frequency bands.
Bringing these disparate issues to resolution requires a large number of
experienced government experts. At
WRC-03, we were able to reach a successful resolution on all of the
issues.
Our WRC-03
experience has taught us the benefits of early outreach to other countries and
thorough preparation of senior agency leaders.
I believe that WRC-03 has proven that the United States is doing a
better job getting ready for WRCs than in previous years. I am also pleased to say that we are doing a
better job in getting WRC results incorporated into U.S. regulations in a
timely way thanks to the leadership of the Chairman Powell and the FCC.
Recommended Improvements
In 2002, the
General Accounting Office (GAO) in Telecommunications: Better Coordination and Enhanced
Accountability Needed to Improve Spectrum Management (GAO-02-096)
recommended that the State Department, FCC and the NTIA "jointly review
the adequacy of the preparation process following the 2003 World
Radiocommunication Conference (WRC) and develop recommendations for
improvements." In response, NTIA,
the FCC, and the State Department have undertaken a review process. Our agencies have had a series of meetings to
coordinate our respective review efforts.
We plan to continue these meetings and respond appropriately as promised
in our responses to the GAO report and to Congress.
In
particular, NTIA is conducting a comprehensive examination of the U.S.
preparatory approach, including a request for public comments. NTIA’s report will contain an analysis of
concerns about WRC preparations and make recommendations. The report will be available soon. In learning from past WRCs and by
synthesizing best practices, NTIA believes that improvements can be made in
several key areas of WRC preparation, including:
1. Senior Level Engagement. As demonstrated in preparing for WRC-03, the resolution of difficult issues and the ultimate success at the WRC can be better achieved through greater engagement of agency leadership. Senior participation and policy direction at early points could greatly facilitate issue resolution. Earlier resolution means early preparation and an earlier opportunity to convey U.S. views. Chairman Powell and I have continued to improve our interagency communications, taking a more forward-looking approach to accommodate advances in technology. This engagement will be carried into the WRC preparatory processes for WRC-07.
2. Cooperation and Coordination of Federal and Non-Federal Preparations. NTIA believes that while the federal and non-federal preparatory processes are currently working well, we will continue to seek opportunities for early and ongoing dialog.
3. International Coordination and Communication. Ambassador Gross, Chairman Powell, and I have actively been pursuing ways to better coordinate to improve our international outreach efforts as we prepare for international fora such as WRCs. In many instances European or Asian-Pacific, Arab or African nations come to the WRC with unified positions. The United States’ ability to reach consensus early with other countries in the Americas on important issues helps ensure that U.S. policy views will prevail in the WRC. Consultations with other countries at all levels needs to be a constant activity throughout the WRC cycle in order for the United States to be successful in conveying its views to others. We are already well on the way to meeting this goal for the next WRC in 2007.
4. Delegation Preparation. NTIA believes that the United States can take steps to better prepare our delegations as early as possible through creating delegations, selecting spokespersons and issue coordinators, and appointing a highly qualified Ambassador.
5. Implementation. As noted earlier, NTIA and the FCC are working hard to ensure that implementation moves quickly. Some of the key issues from WRC-03 have already moved through the FCC’s rulemaking process. Early implementation of any WRC results provides certainty to industry, facilitates planning activities and stimulates investment and job creation. Establishing a clear implementation plan and moving quickly to carry it forward fulfills these goals.
In
NTIA's Fiscal Year 2005 budget, the Administration is requesting additional
funds to improve our international efforts so we can meet the challenges and
complexities of the future WRCs and other technical fora on which major
decisions will be made.
Conclusion
I
believe that the U.S. WRC preparation process has been very effective, but
there is always room for improvement.
This hearing comes at an opportune time, because NTIA is now completing
development of recommendations to improve the WRC preparatory process. NTIA has learned important lessons from our
WRC-03 successes. First, we must work
together with the FCC, the State Department, key government agencies and
industry to develop creative and practical solutions to tough spectrum issues.
We must also engage in early consultation with a number of other countries. We
must work effectively with our security allies throughout the process. We must ensure effective leadership of the
United States delegation. And finally,
we must implement WRC results in a timely fashion. We are applying all of these lessons learned
as we now prepare for WRC-07.
Mr.
Chairman and members of the Committee, the radio spectrum is vital both to our
national and economic security. I look
forward to working in partnership with Congress to develop the best possible
process for preparing for United States participation in WRCs.
Thank you again for inviting me to testify. I welcome any questions you may have for me.