Acknowledgements
Senior managers and subject-matter experts in the federal government
provided significant contributions to the preparation of this
implementation plan. These contributions came from the departments
and agencies that use the radio frequency spectrum extensively
in accomplishing their missions (including the Departments
of Agriculture, Defense, Energy, Homeland Security, Interior,
Justice, State, Transportation, Treasury, and the National
Aeronautics and Space Administration). The National Telecommunications
and Information Administration also received comments from
the Office of Management and Budget, the Office of Science
and Technology Policy, and the Federal Communications Commission.
NTIA’s Office of Spectrum Management integrated these contributions
into this implementation plan.
Executive Summary
Spectrum enables military operations,
communications among first responders to natural disasters
and terrorist attacks, and scientific discovery. At the
same time, spectrum contributes to innovation, job creation,
and economic growth. Wireless technologies and services
that depend on spectrum provide critical support to federal
agency missions that serve the American people and support
a wide array of commercial and non-federal government applications
that provide economic benefits and protect lives and property.
To further develop and implement a U.S. spectrum policy
for the 21st century that meets the Nation’s needs and
spurs economic growth, President George W. Bush established
the Spectrum Policy Initiative (the Initiative) in June
2003. [ 1 ]
Since the Initiative was launched, the demand for spectrum
to support commercial services as well as critical government
missions such as national defense, public safety, homeland
security, scientific research, and other uses has continued
to increase. For example, in 2003 and 2004, NTIA addressed
almost 185,000 assignment actions for federal government spectrum
use. Today, there are over 182 million commercial mobile wireless
subscribers - 23 million more than in 2003.
[ 2 ] Expanding
the amount of spectrum available for commercial uses will support
high speed Internet access.
In addition, in March 2004, the President announced that all
Americans should have universal, affordable access to broadband
technology by 2007. Some of the most promising new broadband
technologies are wireless. Technologies such as Wi-Fidelity
(Wi-Fi), Wi-Max and cellular networks are increasingly seen
as last mile broadband solutions that can be effectively used
to achieve the President’s goal of broadband access for all
Americans by 2007. There are now over 63,000 Wi-Fi hotspots
around the world -- more than 25,000 in the United States alone
-- compared to about 11,000 globally in 2003.
[ 3 ]
In response to the President’s Spectrum Policy Memorandum,
the Department of Commerce (Department) organized the Federal
Government Spectrum Task Force, an interagency advisory group
of federal agencies that use spectrum. The Department also
sought the views of the private sector and of state, local,
and regional governments for improving U.S. spectrum use. In
June 2004, the Department submitted two reports to the President
that reflect the views obtained. The reports contained far-reaching
recommendations on a wide range of issues. On November 30,
2004, the President issued a second Memorandum that directed inter
alia, the Department to submit by May 2005 a plan to implement
those recommendations of the reports that were not expressly
directed to other agencies and offices.
[ 4 ]
In this plan, the Department’s National Telecommunications and Information
Administration (NTIA) outlines seven projects that together implement
the recommendations of Reports 1 and 2 as directed by the President.
[ 5 ]
The projects are summarized below. The dates for completion associated
with these projects and tasks are target dates set forth by NTIA.
PROJECT A: Improve Stakeholder Participation and Maintain High
Qualifications of Spectrum Managers
NTIA will increase the participation of stakeholders in the
resolution of spectrum management issues and strategic spectrum
planning, and will address human resource needs for effective
spectrum management.
Task
A.1 – Establish a Commerce Spectrum Management Advisory Committee: Chartered May 2005.
Task A.2 – Establish a High Level Interagency Advisory Group - the Policy and Plans Steering Group (PPSG): Established January 2005.
Task A.3 – Resolve Inter-governmental Spectrum Disputes Through the Existing White House Policy Coordinating Committee (PCC) Process and Revise the NTIA/FCC Memorandum of Understanding (MOU) to Provide an Additional Minimum 15 Business Days to Accommodate the PCC Process: The existing PCC is on-going. With respect to revising the NTIA/FCC MOU, NTIA plans to submit proposed language to the FCC by March 2006.
Task A.4 – Expand the Role of the FCC Defense Commissioner: NTIA plans to submit proposed language to the FCC by March 2006.
Task A.5 – Promote a Career Development Program and Spectrum Management Training: To be completed by September 2007.
PROJECT B: Reduce International Barriers to U.S. Innovations in Technologies and Services
NTIA will evaluate and make recommendations for spectrum policies regarding the potential for reducing global barriers affecting implementation of new U.S. telecommunications technologies internationally. NTIA also will examine the issue of how the U.S. can balance the costs and benefits of globalization and harmonization of spectrum use and interoperability in a flexible manner.
Task B.1 – Improve U.S. Preparations for World Radiocommunication Conferences: Completed May 2005.
Task B.2 – Improve International Spectrum Management Policies and Regulatory Environment: NTIA to provide recommendations by June 2006.
PROJECT C: Modernize Federal Spectrum Management Processes with Advanced Information Technology
NTIA will employ IT to satisfy the needs of NTIA and the federal agencies for effective and efficient processes that permit agencies to obtain timely wireless system authorizations. Application of IT tools will also facilitate the sharing of spectrum between the public and private sectors by streamlining the NTIA and FCC coordination process.
Task C.1 – Implement Advanced Information Management Systems: Is on-going.
PROJECT D: Satisfy Public Safety Communication Needs and Ensure Interoperability
In the Executive Memorandum, the President directed the Department of Homeland Security (DHS), in consultation with the Department of Commerce and other agencies, to identify public safety spectrum requirements, and to develop a comprehensive Spectrum Needs Plan to address spectrum issues related to the public safety community, as well as the continuity of government operations.
[ 6 ]
DHS and NTIA have determined that to respond to this directive, DHS will have several responsibilities for identifying and addressing the spectrum requirements of the public safety community, and will develop a comprehensive plan to address public safety spectrum needs, interference, technology, and security issues.
[ 7 ]
NTIA, with the assistance of the federal agencies and the FCC, will examine the feasibility of sharing spectrum among commercial, federal and local public safety, and critical infrastructure applications through a public safety demonstration program. This task will require close liaison with and support of DHS.
Task D.1 – Spectrum Sharing Between Federal and Non-federal Public Safety Agencies: To be completed by December 2006.
PROJECT E: Enhance Spectrum Engineering and Analytical Tools
NTIA will conduct a comprehensive review of existing federal agencies’ spectrum use for the purpose of improving efficiency; promote selected best practices in spectrum engineering; establish a pilot program to examine the potential impact of new technologies and spectrum uses; and develop modern analytic tools and promote their use by U.S. spectrum managers.
Task E.1 – Develop Analytic Approaches, Software Tools, and Engineering Techniques for Evaluating and Improving the Efficiency and Effectiveness of Federal Spectrum Use: To be completed by September 2007.
Task E.2 – Develop and Promote Recognition in the Spectrum Management Community for Best Practices in Spectrum Engineering: To be completed by November 2007.
Task E.3 – Conduct a Pilot Program to Evaluate Approaches and Techniques to Increase Spectrum Sharing Between Federal and Non-federal Spectrum Users: The pilot program is to be completed by June 2006. Results and recommendations of the pilot program are to be completed by September 2008.
Task E.4 – Develop and Promote the Use of Modern Analytic Tools for Spectrum Engineering: To be completed by December 2006.
PROJECT F: Promote Efficient and Effective Use of Spectrum
Report 1 stressed that agencies should implement policies and procedures to evaluate their proposed needs for use of the spectrum before seeking spectrum certification from NTIA for new or improved radio systems, considering approaches that may use less spectrum or commercial services to meet their requirements. NTIA will develop a standard format for agencies to summarize these analyses, and review these analyses within its certification of spectrum support processes.
Task F.1 – Improve the Technical Planning Process: To be completed by December 2006.
NTIA will work with federal agencies to develop a standard format for summarizing the analyses and assessments performed by the federal agencies to support the selection of spectrum dependent systems, and a process for reviewing these analyses.
PROJECT G: Improve Planning and Promote Use of Market-Based Economic Mechanisms in Spectrum Management
NTIA will promote improved long-term spectrum planning and the implementation of spectrum efficiency incentives, where appropriate. NTIA will improve the federal government’s long-range spectrum planning processes, support the Office of Management and Budget (OMB) in improving the consideration of spectrum as a resource when procuring spectrum-dependent systems, and develop a plan to identify and implement incentives to improve the efficiency of both government and private sector spectrum use.
Task G.1 – Improve the Processes for Federal Agencies’ Spectrum Planning and Produce a National Spectrum Plan: Federal Strategic Spectrum Plan to be completed by May 2006; National Spectrum Plan to be completed by December 2007.
Task G.2 – Improve Federal Agencies’ Processes and Procedures to Better Consider the Economic Value of Spectrum When Investing in Spectrum-Dependent Systems: OMB portion completed at the end of November 2004.
Task G.3 – Develop a Plan to Identify and Implement Incentives for Improving Efficiency in Federal Agencies’ Spectrum Use: To be completed by November 2005.
Task G.4 – Promote the Implementation of a Wide Range of Incentives to Improve the Efficiencies of Both Government and Private Sector Spectrum Use: Is on-going.
While the above plan will result in the implementation
of the recommendations submitted to the President, NTIA
has already taken the following actions pursuant to the
recommendations of the reports:
• To improve stakeholder participation,
NTIA has established a high-level interagency advisory
group, and an advisory committee composed of non-federal
government representatives.
• To better serve U.S. global
interests in international spectrum use, NTIA issued
a report evaluating the U.S. preparatory process for
World Radio Conferences (WRCs) and considering potential
improvements to the process. [
8 ]
• To leverage benefits of
advanced information technologies (IT), NTIA launched
a new system that coordinates frequency use between the
private and public sectors in the 70/80/90 GHz range.
NTIA continues to modernize its business practices and
increase its efficiency through the application of IT.
• To facilitate the reallocation
of federal spectrum to commercial uses, the Commercial
Spectrum Enhancement Act was enacted on December 23,
2004. NTIA is working with the FCC to implement the provisions
of the Act. As a result, 90 MHz of spectrum, half of
which is federal spectrum slated to be reallocated to
commercial use, will be auctioned as soon as June 2006
for advanced wireless services – supporting the President’s
goal of universal, affordable access to broadband by
2007.
In addition, the Spectrum Initiative
builds on the successful record of NTIA, which has improved
access to spectrum for commercial and government uses
in the following ways.
• In 2003 and 2004, NTIA reviewed
and certified 375 requests from the Federal agencies
for spectrum to support their future radiocommunications
use for land mobile; surveillance; weapons control; meteorological;
radionavigation; space; air-to-air, air-to-ground, and
ground-to-ground voice; data transfer; video; microwave;
and research and experimental operations.
• Recently, NTIA has led efforts
to develop ways to allow commercial deployment of innovative
technologies in spectrum bands currently used for federal
operations.
• Based on its technical analysis,
and in cooperation with the FCC, NTIA has enabled the
operation of new technologies, such as Ultrawideband
and Broadband Over Power Lines (BPL).
• NTIA is also working with the
private sector and the Department of Defense (DoD) on
a technical solution that may permit unlicensed broadband
services to share 255 MHz of spectrum at 5 GHz available
for unlicensed use with sensitive military radars.
• As part of the effort to improve
coordination, FCC and NTIA leadership has also established
regular biannual meetings to discuss plans and exchange
information on various spectrum issues. [ 9 ]
Section 1 - Introduction
SPECTRUM POLICY FOR THE 21ST CENTURY
PLAN TO IMPLEMENT THE RECOMMENDATIONS OF THE PRESIDENT’S
SPECTRUM POLICY INITIATIVE
We must unlock the economic value and entrepreneurial
potential of U.S. spectrum assets while ensuring that
sufficient spectrum is available to support critical
Government functions.
- George W. Bush,
Executive Memorandum, June 2003
Wireless communications provide critical support to
federal agency missions in service to the American
people. They also support a wide array of commercial
and non-federal government applications that provide
efficiencies and innovations across our economy and
that protect lives and property. To ensure the availability
of wireless capabilities to meet our nation’s needs
and to ensure that wireless communications continue
to spur economic growth, President George W. Bush established
the Spectrum Policy Initiative in June 2003. Since
that time, the need for spectrum to support commercial
services as well as critical government missions such
as national defense, public safety, homeland security,
scientific research, and other uses has continued to
increase. Commercial spectrum applications continue
to grow as well. For example, in 2003 and 2004, NTIA
addressed almost 185,000 assignment actions for federal
government spectrum use. Today, there are over 182
million commercial mobile wireless subscribers - 23
million more than in 2003.
[ 10 ]
Technologies such as Wi-Fi, Wi-Max and cellular
networks are increasingly seen as last mile broadband
solutions that will assist in meeting the President’s
goal that all Americans should have universal, affordable
access to broadband technology by 2007. There are now
over 63,000 Wi-Fi hotspots around the world -- more
than 25,000 in the United States alone -- compared
to about 11,000 globally in 2003.
[ 11 ]
In creating this Initiative, President George W. Bush
recognized that the legal and policy framework for managing
the use of the radio frequency spectrum has not kept
pace with the increasing demand for spectrum or with
advances in technologies that are available to provide
government agencies and consumers a broadening range
of wireless services. The President committed this Administration
to promoting the development and implementation of a
U.S. Spectrum Policy for the 21st Century.
The President recognized that ensuring needed access
to the spectrum resource is a critical element in satisfying
diverse U.S. interests, such as national defense, public
safety, transportation infrastructure, and scientific
research. At the same time, the President recognized
the importance of spectrum to innovation, job creation,
economic growth, and consumer services. The President
established the following goals for the initiative:
• 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
in areas, such as public safety, scientific research,
federal transportation infrastructure, and law enforcement.
The Department of Commerce’s National
Telecommunications and Information Administration (NTIA)
sought comment from a broad range of stakeholders in
satisfying the President’s directive. NTIA organized
the Federal Government Spectrum Task Force, an interagency
advisory group formed to obtain the views of federal
agencies on improving their use of spectrum. NTIA also
sought the views of the private sector and of state,
local, and regional governments for improving U.S. spectrum
use as a whole.
In June 2004, the Department submitted to the President
two reports containing the recommendations developed
during this one-year analysis of spectrum policy issues.
Report 1 contained recommendations of the Federal Government
Spectrum Policy Task Force. Report 2 presented the recommendations
from state and local governments, and from private sector
responders, as expressed during a series of meetings
and through written comments submitted to NTIA.
In a second Executive Memorandum, signed on November
30, 2004, the President directed the Department to
submit, by May 2005, a plan to implement those recommendations
of the Initiative that were not expressly directed
to other agencies and offices. NTIA has defined seven
projects that, taken together, present an implementation
plan and address the recommendations of Reports 1 and
2, as directed by the President. The following projects
aggregate related recommendations that NTIA staff will
address:
A. Improve Stakeholder Participation
and Maintain High Qualifications of Spectrum Managers
B. Reduce International Barriers
to U.S. Innovations in Technologies and Services
C. Modernize Federal Spectrum
Management Processes with Advanced Information Technology
D. Satisfy Public Safety Communication
Needs and Ensure Interoperability
E. Enhance Spectrum Engineering
and Analytical Tools
F. Promote Efficient and Effective
Use of Spectrum
G. Improve Planning and Promote
Use of Market-based Economic Mechanisms in Spectrum Management
The Department will provide opportunities
for the federal agencies to express their interests in
the development of proposed spectrum policy reforms through
working level groups, organized for each of the seven
projects. The Federal Communications Commission (FCC)
will also be invited to participate in these working
groups.
While the following plan will result in the implementation
of all of the recommendations submitted to the President,
NTIA has already taken the following actions to implement
recommendations of the reports:
• To improve stakeholder participation,
NTIA has established a high-level interagency advisory
group, the Policy and Plans Steering Group (PPSG). NTIA
also established the Commerce Spectrum Management Advisory
Committee (CSMAC), an advisory committee composed of
non-federal government representatives.
• To better serve U.S. global
interests in international spectrum use, NTIA has released
a report exploring the U.S. preparatory process for World
Radio Conferences (WRCs). [ 12 ]
• To leverage the benefits
of advanced information technologies (IT), NTIA launched
a new system that coordinates frequency use between the
private and public sectors in the 70/80/90 GHz range.
In addition, NTIA is modernizing its business practices
and increasing the effective application of IT to improve
federal spectrum management.
• To facilitate the reallocation
of spectrum to commercial uses, NTIA worked with Congress
to ensure passage of the Commercial Spectrum Enhancement
Act, signed into law by President Bush on December 23,
2004. NTIA is working with the FCC to implement the provisions
of the Act. As a result, 90 MHz of spectrum, half of
which is federal spectrum slated to be reallocated to
commercial use, will be auctioned as soon as June 2006
for advanced wireless services – supporting the President’s
goal of universal, affordable access to broadband by
2007, which will result in the availability of 90 MHz
of spectrum for advanced wireless services.
The Plan that follows consists
of summary descriptions of each of the seven projects
and their underlying tasks. Appendix 1 summarizes key
deliverables and target dates.
Section
2 - Project and Task Descriptions
PROJECT A: Improve Stakeholder
Participation and Maintain High Qualifications of Spectrum
Managers
NTIA will increase the participation of stakeholders
in the resolution of spectrum management issues and
strategic spectrum planning, and will address human
resource needs for effective spectrum management.
Task A.1 – Establish a Commerce Spectrum Management
Advisory Committee (CSMAC)
NTIA established the Department’s CSMAC in May 2005
to provide advice and recommendations to the Assistant
Secretary for Communications and Information (Assistant
Secretary) on a broad range of issues regarding spectrum
policy, including the implementation of innovative
technologies and services.
The CSMAC will operate in accordance with the Federal
Advisory Committee Act. The membership of the committee
will include senior representatives from the private
sector and from non-federal government agencies. The
Assistant Secretary will appoint the committee chair.
NTIA expects to convene the first meeting of this committee
later in 2005, and subsequent meetings at approximate
six-month intervals thereafter.
Task A.2 – Establish a High Level Interagency Advisory
Group -- the Policy and Plans Steering Group (PPSG)
In January 2005, NTIA established a senior-level interagency
committee, the PPSG, in furtherance of the development
of this Plan. The PPSG will advise the Assistant Secretary
on difficult and pressing spectrum issues that affect
federal agencies, thus speeding their resolution. PPSG
members are Assistant Secretaries or their equivalents
with spectrum management oversight in agencies that
are major stakeholders in spectrum issues. Creation
of the PPSG fulfills a recommendation in Report 1 to
formalize the coordination process among agencies and
to create an organization to provide advice to the
Assistant Secretary on federal government spectrum
issues, policies, and plans.
NTIA will staff, chair, and focus the activities of
the PPSG. To promote effective coordination between
the federal and private sectors, the Assistant Secretary
has invited the FCC to participate in the PPSG. The
Assistant Secretary may also seek the participation
of any federal entity that is a stakeholder in a specific
issue under consideration on an ad hoc basis.
Task A.3 – Resolve Inter-governmental Spectrum Disputes
Through the Existing White House Policy Coordinating
Committee (PCC) Process and Revise the NTIA/FCC MOU
to Provide an Additional Minimum 15 Business Days to
Accommodate the PCC Process
Some spectrum policy issues or specific policy proposals
may be of such magnitude and complexity that they cannot
be resolved among the federal agencies or between the
affected federal and non-federal spectrum users. These
differences may affect critical government missions
such as national security, public safety, federal agency
missions, as well as critical economic or trade opportunities
involving innovative technologies and services. NTIA
will convene the PPSG to resolve these issues whenever
possible. The existing White House Policy Coordinating
Committee (PCC) process is designed, however, to serve
as a mechanism to resolve issues on those rare occasions
where the stakeholders cannot reach agreement and the
issues are not resolved through the PPSG. The Assistant
Secretary or a representative who is an Assistant Secretary
or higher of an affected federal agency, may request
PCC review of these issues.
Report 1 recommended a specific change to the 2003
memorandum of understanding between the FCC and NTIA
to give the Executive Branch an additional 15 days
to review a proposed FCC action in any proceeding that
has become the subject of PCC review. NTIA will forward
draft language to the FCC to implement this change
by March 2006.
Task A.4 – Expand the Role of the FCC Defense Commissioner
Under the provisions of title 47, section 0.181 of
the Code of Federal Regulations, the FCC Defense Commissioner
directs the homeland security, national security and
emergency preparedness, and defense activities of the
Commission.
[ 13 ]
Report 1 recommended that the Assistant Secretary
of Commerce work closely with the FCC to ensure that
NTIA and the FCC fully consider the concerns of the
agencies affected by national security, homeland security,
public safety, and federal transportation infrastructure
issues during the course of FCC rulemaking proceedings.
Report 1 also recommended the formalization of this
cooperative arrangement by modifying the rule to include
the coordination of those critical government missions.
NTIA will work with the FCC to modify 47 CFR section
0.181 to include the coordination of public safety
activities as well as “national security, homeland
security, and federal transportation infrastructure
activities” as being within the purview of the Defense
Commissioner at the FCC. In drafting the foregoing
amendment, NTIA and the FCC will determine: (1) which
federal agencies should be included under the FCC’s
Defense Commissioner’s purview; and (2) which structural
revisions in NTIA and the FCC are needed to ensure
proper consideration of critical national security
issues. Following these determinations, NTIA will submit
a proposed rule change to the FCC for action by March
2006.
Task A.5 – Promote a Career Development Program and
Spectrum Management Training
Report 1 recognized that effective spectrum management
requires a well-trained, motivated workforce. NTIA
will examine and recommend a training curriculum for
spectrum management personnel in various technical
disciplines, and related fields including economics
and public policy. This could include certification
curricula and ways to make the courses available to
a broad cross-section of spectrum managers. Actual
courses may be available through partnerships with
local educational institutions, through government
programs or staff, or through contractual assistance
from professional educators or acknowledged experts.
PROJECT B: Reduce International Barriers to U.S. Innovations
in Technologies and Services
NTIA will continue to propose improvements to serve
U.S. global interests in spectrum use and improvements
to the processes used by the United States in preparation
for WRCs. Further, NTIA will evaluate and make recommendations
for spectrum policies regarding the potential for reducing
barriers affecting implementation of new U.S. telecommunications
technologies internationally. NTIA also will examine
the issue of how the U.S. can balance the costs and
benefits of globalization and harmonization of spectrum
use and interoperability in a flexible manner.
Task B.1 – Improve U.S. Preparations for World Radiocommunication
Conferences (WRCs)
WRCs provide an opportunity for the United States to
establish international agreements on spectrum use
proposals that affect long-term national interests.
Preparations for these intermittent conferences are
time consuming and resource intensive. Report 2 recommended
specific improvements to this process.
NTIA, with the assistance of other federal agencies
and in coordination with the State Department and the
FCC, has examined the U.S. preparatory activities for
recent WRCs. NTIA has also explored options for improving
these preparatory activities to enhance the effectiveness
of U.S. participation in future conferences, issuing
a report in May 2005 focusing on the U.S. WRC preparatory
process.
[ 14 ]
Working with these same U.S. government organizations,
NTIA will promote improvements in preparations for
the next WRC.
Task B.2 – Improve International Spectrum Management
Policies and Regulatory Environment
Spectrum-based services, operations, and technologies
are increasingly international in nature. U.S. policies
and positions in international fora and within the
international regulatory and procedural framework for
international spectrum management are critically important
to the success of new U.S. technologies and to U.S.
federal and non-federal radiocommunication interests.
To implement the recommendations of Report 2, NTIA
will address and make recommendations as appropriate
to federal agencies, which may include the State Department.
Some recommended changes may also concern the FCC.
The recommendations will focus on:
• barriers to the global implementation
of U.S. technology and services,
• cross-border coordination processes
with administrations in neighboring countries,
• U.S. technical, administrative,
and financial contributions to organizations involved
in international spectrum policy issues, and
• balancing costs and benefits
of global harmonization and interoperability of spectrum.
NTIA will participate in international
fora discussing the international regulatory and procedural
framework to promote a framework increasingly responsive
to new technologies and services of interest to the United
States. To obtain more insight into progressive spectrum
management policies and tools and to promote the U.S.
goals within the President's Initiative, NTIA also
will review steps taken by other administrations and
regional bodies. This outreach program will include
sharing with other administrations and organizations
concepts for spectrum management and reform.
PROJECT C: Modernize Federal Spectrum Management Processes
with Advanced Information Technology
NTIA will seek to satisfy the needs of NTIA and the
federal agencies for effective and efficient spectrum
management and facilitate shared spectrum use between
the public and private sectors through improved information
technology.
Task C.1 – Implement Advanced Information Management
Systems
In February 2005, NTIA launched a new system that can
coordinate frequency use between the private and public
sectors in the 70/80/90 GHz range within seconds. Moreover,
NTIA is modernizing its information technology systems
to better support spectrum management business practices.
NTIA is also developing a partnership agreement with
the DoD and the FCC to harmonize and standardize the
necessary IT processes (including the coordination
process) used to manage the spectrum efficiently and
effectively in both the short and long terms.
Report 1 recommended that NTIA implement advanced information
technology capabilities to modernize existing processes
and procedures. Through this task, NTIA will expand
its efforts to digitize paper-based processes and procedures
associated with coordination of operations, assignment
of frequencies, and certification of new radio systems.
NTIA will also improve existing procedures internally
and in collaboration with other federal agencies for
authorizing and coordinating spectrum use. Specific
activities are already underway focusing on modernizing
NTIA's business processes. The Paperless Spectrum Management
Initiative leveraged business process reengineering,
and Enterprise Architecture principles and methods
to develop new ways of doing business and to increase
the effective application of IT. This project aligns
the overall architecture for NTIA’s spectrum management
IT and all of NTIA's business processes associated
with spectrum management.
PROJECT D: Satisfy Public Safety Communication Needs
and Ensure Interoperability
The safety and security of the American public requires
coordinated efforts and communications among public
safety organizations. In the Executive Memorandum,
the President directed the Department of Homeland Security
(DHS), in consultation with the Department of Commerce
and other agencies, to identify public safety spectrum
requirements, and to develop a comprehensive Spectrum
Needs Plan to address spectrum issues related to the
public safety community, as well as the continuity
of Government operations. DHS will conduct an inventory
of the spectrum requirements of the public safety community,
identify the major public safety requirements for spectrum-dependent
services at local, regional and state government agencies,
and analyze the efficiency and effectiveness of the
spectrum used by the public safety community. DHS,
in coordination with NTIA and other organizations,
will also develop a comprehensive plan to address the
spectrum requirements of the public safety community.
Task D.1 – Spectrum Sharing Between Federal and Non-federal
Public Safety Agencies
NTIA, in coordination with DHS and with the assistance
of the federal agencies and the FCC, will examine the
feasibility of sharing spectrum among commercial, federal
and local public safety, and critical infrastructure
applications through a public safety demonstration
program. The program chosen for examination is likely
to be a program currently underway in order to avoid
duplication of effort, reduce costs, and benefit from
the potential synergies. This task will require close
liaison with and support of DHS. NTIA will consider
the potential to leverage this sharing demonstration
with the pilot program for spectrum sharing addressed
in Task E.3.
Depending upon the demonstration selected, the project
may require special temporary authorizations and rule
waivers during the demonstration phase and permanent
changes in both NTIA regulations and FCC rules to permit
authorization of joint-use stations. NTIA, or the non-federal
public safety agencies, may be required to petition
the FCC to take specific actions and initiate specific
rulemakings. NTIA will aggressively prioritize any
needed changes to its own regulations and work closely
with the FCC to ensure that the FCC considers and processes
requests for rule changes and/or waivers in a timely
manner.
PROJECT E: Enhance Spectrum Engineering and Analytical
Tools
To support the goal of efficient and effective use
of spectrum, NTIA will conduct a comprehensive review
of existing spectrum uses, promote spectrum engineering
best practices, and develop a pilot program for investigating
the impacts of new technologies and services. These
efforts will also focus on the development of modern
analytic tools and will promote their use by U.S. spectrum
managers.
Task E.1 – Develop Analytic Approaches, Software Tools,
and Engineering Techniques for Evaluating and Improving
the Efficiency and Effectiveness of Federal Spectrum
Use
NTIA, with assistance from the federal agencies, will
develop standardized methods for evaluating the efficiency
of spectrum use by the federal government agencies
to satisfy their missions effectively. NTIA will apply
the methods developed in a review of the federal government’s
spectrum uses, to be conducted over a five-year period
based on the outcome of this task and will start in
2007.
Drawing from previous work and available expertise,
NTIA will develop draft metrics for evaluating achievable
technical efficiency in spectrum use under specific
operational conditions. NTIA will specifically: (1)
determine and characterize current spectrum use by
the federal government; (2) describe how the current
approval process influences spectrum efficiency or
effectiveness; and (3) propose potential improvements,
including the use of new technologies, spectrum management
practices, standards, or policies that affect efficiency.
Task E.2 – Develop and Promote Recognition in the Spectrum
Management Community for Best Practices in Spectrum
Engineering
NTIA will produce a handbook documenting the best practices
in spectrum engineering for use by regulators, technology
developers, manufacturers, and service providers. This
“Best Practices Handbook” (BPH) will bring together
a common set of approaches for conducting engineering
analyses and will develop a common set of criteria
for performing technical studies to evaluate emerging
technologies. NTIA will solicit comments from the public,
and once finalized, may adopt sections into the NTIA
Manual as appropriate. The BPH is intended to guide
the technical discourse on policy issues involving
the potential interference impact of one system or
technology on another, rather than be prescriptive
or programmatic.
Task E.3 – Conduct a Pilot Program to Evaluate Approaches
and Techniques to Increase Spectrum Sharing Between
Federal and Non-federal Spectrum Users
Report 1 called for the development of a plan to increase
sharing and establish a pilot program within two years
in which NTIA and the FCC would each identify approximately
10 MHz of spectrum as a test bed for shared federal
and non-federal use from bands allocated either on
an exclusive or shared basis. The test bed will provide
a means for evaluating emerging technologies and expanded
services as well as provide opportunities to develop
processes for intra-government cooperation and spectrum
sharing in other contexts.
Building on NTIA experiences with Ultrawideband, BPL,
and 5 GHz, NTIA will work with the FCC and other relevant
federal agencies to identify candidate bands for use
in the pilot program. As part of the test bed activities,
NTIA will develop objectives, rules, guidelines, and
responsibilities needed for the cooperative effort
among government agencies and with the private sector.
NTIA will evaluate the success of these efforts and
suggest new policies and procedures to govern the future
structure and execution of coordinated sharing activities
among NTIA, the FCC, and other interested parties.
Except for initial start-up planning, NTIA will operate
the pilot spectrum test bed through use of one or more
interagency agreements or cooperative research agreements
undertaken by NTIA’s Institute for Telecommunication
Sciences (ITS) and other federal laboratories. NTIA
will complete the pilot program by June 2006 and will
provide results and recommendations of the pilot program
by September 2008.
Task E.4 – Develop and Promote the Use of Modern Analytic
Tools for Spectrum Engineering
NTIA will provide federal and non-federal spectrum
managers with modern analytic tools to manage the spectrum
efficiently and effectively. New analytic and procedural
methodologies developed and included in the BPH will
serve as the technical basis for more advanced tools
in the future.
NTIA, with the assistance of the federal agencies and
the FCC, will develop and maintain a comprehensive
chart of all activities regarding ongoing spectrum
engineering and analysis model development at NTIA.
These activities include making information available
to federal agencies regarding the availability of adequate
documentation and testing, making information available
to federal agencies on the purchase of commercial products,
when appropriate, dealing with spectrum engineering
and analysis, and developing and maintaining a comprehensive
summary of known capabilities addressing spectrum engineering
from multiple government and commercial sources.
PROJECT F: Promote Efficient and Effective Use of
Spectrum
Report 1 stressed that agencies should implement policies
and procedures to evaluate their proposed needs for
use of the spectrum before seeking spectrum certification
from NTIA for new or improved radio systems, considering
approaches that may use less spectrum or commercial
services to meet their requirements. NTIA will develop
a standard format for agencies to summarize these analyses,
and review these analyses within its certification
of spectrum support processes.
Task F.1 – Improve the Technical Planning Process
NTIA will work with federal agencies to develop a standard
format for summarizing the analyses and assessments
performed by the federal agencies to support the selection
of spectrum dependent systems (and consider the use
of commercial services, when appropriate), and a process
for reviewing these analyses.
PROJECT G: Improve Planning and Promote Use of Market-Based
Economic Mechanisms in Spectrum Management
NTIA will promote improved long-term spectrum planning
and increase the use of market-based economic mechanisms
in spectrum management. NTIA will improve the federal
government’s long-range spectrum planning processes,
support agencies’ efforts to better consider the economic
value of spectrum in major spectrum-dependent investments,
and develop a plan to identify and implement incentives
to improve the efficiency of both government and private
sector spectrum use.
Task G.1 – Improve the Processes for Federal Agencies’
Spectrum Planning and Produce a National Spectrum Plan
NTIA will assist the federal agencies in developing
strategic spectrum plans and consolidate these plans
into a National Strategic Spectrum Plan. NTIA will
request each federal agency to define its projected
requirements for access to the spectrum and to update
those requirements biennially. NTIA will incorporate
into this Plan information from the National Public
Safety Spectrum Needs Plan to be prepared under this
initiative by DHS. NTIA will also encourage state,
regional, and local government agencies to synthesize
long-range planning processes into a Non-Federal Government
Strategic Spectrum Plan, which would also provide input
into the National Strategic Spectrum Plan. NTIA will
also invite the FCC to provide information concerning
future requirements of non-federal government spectrum
users for incorporation into the National Strategic
Spectrum Plan.
NTIA will provide guidance to the agencies, including
a template defining the nature, scope, content, and
format for the information on spectrum requirements
that the agencies will supply to NTIA. NTIA will convene
a series of meetings, in coordination with federal
agency spectrum managers, to develop a common structure
for the various spectrum plans that the federal agencies
will prepare. By November 2005, NTIA will determine,
in coordination with the FCC, the agencies’ current
spectrum requirements, the form and content of this
information, and the nature and scope of the agencies’
current long range planning processes and any additional
spectrum requirements.
Task G.2 – Improve Federal Agencies’ Processes and
Procedures to Better Consider the Economic Value of
Spectrum When Investing in Spectrum-Dependent Systems
Report 1 recommended that OMB and NTIA explore improved
procedures for agencies to use in considering the value
of spectrum when planning investments in major spectrum-dependent
systems. As directed by the President’s November 30
Executive Memorandum, OMB issued guidance to federal
agencies and directed them to consider the value of
spectrum in developing their fiscal year 2007 budget
requests for spectrum-dependent systems. Today, the
federal agencies use a variety of approaches in budget
planning for proposed investments in wireless systems,
which may not consider the value of spectrum in comparing
different investments. NTIA, in coordination with the
federal agencies and OMB, will review the federal budget
processes currently used at agencies to plan for proposed
investments in wireless systems, and develop recommendations
for considering the economic value of spectrum.
Task G.3 – Develop a Plan to Identify and Implement
Incentives for Improving Efficiency in Federal Agencies’
Spectrum Use
NTIA will develop a plan for identifying and implementing
incentives that promote more efficient use of spectrum,
while protecting national and homeland security, critical
infrastructure, and government services. NTIA will
examine economic models to determine spectrum value.
Recognizing that market-based incentives may not be
appropriate for all federal radio services and in all
bands, NTIA will recommend applying these incentives
only in appropriate situations. NTIA will review current
and alternative incentives, including the appropriateness
of incentives used for private sector services and
the fees currently assessed to federal agencies.
As part of this study, NTIA will consider, in consultation
with the federal agencies: (1) user fees for government
spectrum use, methodologies for setting fees for specific
spectrum uses, and their effect on efficiency; (2)
incentives allowing agencies to benefit from reducing
or eliminating spectrum use; (3) options for giving
agencies greater flexibility in managing their frequency
assignments, including shared use and trading among
federal and non-federal users; (4) incentives for use
of more spectrally efficient systems; (5) possible
models and methods for assigning monetary value to
given portions of the spectrum; (6) incentives for
agencies willing to be “first buyers” or anchor tenants
for commercial services or technologies that result
in decreased reliance on spectrum; and (7) legislation
necessary for implementing incentives as appropriate.
NTIA will hold one or more public seminars involving
government spectrum users, economists, academic professionals,
and others to evaluate the advantages and disadvantages
of particular incentives. NTIA will incorporate its
findings into the Plan and will report on progress
in identifying appropriate incentives in the annual
reports submitted to the President, recommending legislative
proposals as appropriate.
Task G.4 – Promote the Implementation of a Wide Range
of Incentives to Improve the Efficiencies of Both Government
and Private Sector Spectrum Use
The FCC has adopted economic mechanisms of various
types in recent years, such as competitive bidding,
increased license flexibility, and some use of secondary
markets. These tools, when applied appropriately, promote
efficient and effective allocation of spectrum. The
Administration has proposed legislation to provide
the FCC the authority to extend permanent auction authority
and establish market-based incentives, such as user
fees on unauctioned commercial spectrum. The Administration
has also proposed establishment of fees on analog television
spectrum licenses held after the December 31, 2006
deadline for transition to digital broadcasting, to
encourage broadcasters to return spectrum in a timely
fashion. NTIA will work with the Congress, the FCC,
and other Administration agencies to advance legislation
for the efficient use of spectrum.
Report 2 also stated that the Administration should
continue its support of legislation to establish a
spectrum relocation fund to streamline the process
for reimbursing government spectrum users to facilitate
their relocation to comparable spectrum. The Commercial
Spectrum Enhancement Act (Act) was enacted on December
23, 2004. The Act provides a mechanism for reimbursing
federal agencies from auction proceeds for the costs
of relocating their operations to other frequencies,
allowing greater certainty for federal agencies and
those seeking to provide advanced wireless services
in these bands. NTIA is working with the FCC and other
federal agencies to implement the Act by developing
relocation cost estimates and a schedule for relocation
of 45 MHz of federal spectrum – half of the 90 MHz
for advanced wireless services slated for auction in
mid-2006.
Footnotes
[ 1 ]
Memorandum on the Spectrum Policy for the 21stCentury,
39 Weekly Comp. Pres. Doc. 726, 727 (May 29, 2003) (Spectrum
Policy Memorandum), available at http://www.whitehouse.gov/news/releases/2003/06/20030605-4.html;
see also Appendix 2, infra pp. 26.
[ 2 ]
CTIA--The
Wireless Association ™, Annualized Wireless Industry
Survey Results, CTIA’s Wireless Industry Indices: 1985-2004,
at http://www.files.ctia.org/pdf/CTIA Yearend2004Survey.pdf.
[ 3 ]
JiWire™, Hotspot
Directory, at http://www.jiwire.com/browse-hotspot-united-states-us.htm (last visited May 11, 2005); Bob Tedeschi, Cyber Scout:
Cutting the Cord, N.Y. Times, Dec. 7, 2003, § 5 at 6.
[ 4 ]
Presidential
Determination: Memorandum for the Heads of Executive Departments
and Agencies, 40 Weekly Comp. Pres. Doc. 2875, 2876, sec.
3(c) (Nov. 30, 2004) (Executive Memorandum), available
at http://www.whitehouse.gov/news/releases/2004/11/20041130-8.html;
see also Appendix 3, infra pp. 30.
[ 5 ]
National Telecommunications
and Information Administration, U.S. Dep’t of Commerce,
Spectrum
Policy for the 21st Century
– The President’s Spectrum Policy Initiative: Report
1,(2004)
(Report 1), available at http://www.ntia.doc.gov/reports/specpolini/presspecpolini_report1_06242004.htm;
National Telecommunications and Information Administration,
U.S. Dep’t of Commerce, Spectrum Policy for the 21st Century
– The President’s Spectrum Policy Initiative: Report
2 (2004) (Report 2), available at http://www.ntia.doc.gov/reports/specpolini/presspecpolini_report2_06242004.htm.
NTIA serves as the President’s principal adviser on telecommunications
and information policies and as manager of the federal
government’s use of the radio spectrum. 47 U.S.C. § 902(b)(2).
[ 6 ] Executive Memorandum,
supra note 4, at sec. 2(c). Report 2 contains a detailed
description of the analyses and assessments that DHS
will perform to identify and address unsatisfied spectrum
requirements for public safety. See Report 2, supra note
5, Recommendation 9(a), at 26.
[ 7 ] See Report 2, supra
note 5, Recommendation 9(c), at 27.
[ 8 ] National Telecommunications
and Information Administration, U.S. Dep’t of Commerce,
NTIA
Special Report No. 05-427, World Radio Conference – Recommendations
for Improvement in the U.S. Preparatory Process,
(May 2005), available at http://www.ntia.doc.gov/reports/wrc/wrc_05232005.pdf.
[ 9 ] The most recent meeting
in November 2004 included discussions on joint participation
in implementing this Initiative, establishment of a FCC/NTIA
information technology partnership, the status of federal
government spectrum relocation, Digital Television (DTV)
migration, which will provide 24 MHz of spectrum for
public safety, and preparations for the next World Radio
Conference.
[ 10 ] CTIA – The Wireless
Association™ supra note 2.
[ 11 ] JiWire™,
supra note 3; Tedeschi, supra note 3.
[ 12 ] See Nat’l Telecomm.
and Info. Admin., supra note 6.
[ 13 ] 47 CFR § 0.181 (2004).
[ 14 ] See Nat’l Telecomm.
and Info. Admin., supra note 8.
Appendices
Appendix 1
Overview of Key Deliverables and Target Dates
Project A: Improve
Stakeholder Participation and Maintain High Qualifications
of Spectrum Managers |
A.1. Establish a Commerce Spectrum Management Advisory Committee
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Chartered in May, 2005
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A.2. Establish a High Level Interagency Advisory Group -- Policy and Plans Steering Group (PPSG)
|
Established January 2005
|
A.3. Resolve Inter-governmental Spectrum Disputes Through the Existing White House Policy Coordinating Committee (PCC) Process and Revise the NTIA/FCC MOU to Provide an Additional Minimum 15 Business Days to Accommodate the PCC Process
|
PCC is on-Going; with respect to the MOU, NTIA to submit proposed language to the FCC by March 2006.
|
A.4. Expand the Role of the FCC Defense Commissioner.
|
NTIA to submit proposed language to the FCC by March 2006
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A.5. Promote a Career Development Program and Spectrum Management Training
|
To be completed by September 2007
|
Project B: Reduce International Barriers to U.S. Innovations in Technologies and Services
|
B.1. Improve U.S. Preparations for World Radiocommunication Conferences (WRCs)
|
Issued report May 2005
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B.2. Improve International Spectrum Management Policies and Regulatory Environment
|
Recommendations to be provided by June 2006
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Project C: Modernize Federal Spectrum Management Processes with Advanced Information Technology
|
C.1. Implement Advanced Information Management Systems
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Is on-going
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Project D: Satisfy Public Safety Communication Needs and Ensure Interoperability
|
D.1. Spectrum Sharing between Federal and Non-federal Public Safety Agencies
|
To be completed by December 2006
|
Project E: Enhance Spectrum Engineering and Analytical Tools
|
E.1. Develop Analytic Approaches, Software Tools, and Engineering Techniques for Evaluating and Improving the Efficiency and Effectiveness of Federal Spectrum Use
|
To be completed by September 2007
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E.2. Develop and Promote Recognition in the Spectrum Management Community for Best Practices in Spectrum Engineering
|
To be completed by November 2007
|
E.3. Conduct a Pilot Program to Evaluate Approaches and Techniques to Increase Spectrum Sharing Between Federal and Non-federal Spectrum Users
|
Pilot Program to be completed by June 2006. Results and recommendations of Pilot Program are to be completed by September 2008
|
E.4. Develop and Promote the Use of Modern Analytic Tools for Spectrum Engineering
|
Is on-going
|
Project F: Promote Efficient and Effective Use of Spectrum
|
F.1. Improve the Technical Planning Process
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To be completed by December 2006
|
Project G: Improve Long-term Planning and Promote Use of Market-Based Economic Mechanisms in Spectrum Management
|
G.1. Improve the Processes for Federal Agencies’ Spectrum Planning and Produce a National Spectrum Plan
|
Federal Strategic Spectrum Plan to be completed by May 2006; National Spectrum Plan to be completed by December 2007
|
G.2. Improve Federal Agencies’ Processes and Procedures to Better Consider the Economic Value of Spectrum When Investing in Spectrum-Dependent Systems
|
OMB portion completed at the end of November 2004
|
G.3. Develop a Plan to Identify and Implement Incentives for Improving Efficiency in Federal Agencies’ Spectrum Use
|
To be completed by November 2005
|
G.4. Promote the Implementation of a Wide Range of Incentives to Improve the Efficiencies of Both Government and Private Sector Spectrum Use
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Is on-going
|
Annual Reports
As directed by the President’s Executive Memorandum
of May 30, 2005, in November 2005 and every year thereafter
the Secretary of Commerce will submit a report to the
President describing the progress in implementing the
recommendations of the reports submitted in June 2004.
Appendix 2
For Immediate Release Office of the Press Secretary
June 5, 2003
Presidential Memo on Spectrum Policy Memorandum for
the Heads of Executive Departments and Agencies Subject:
Spectrum Policy for the 21st Century
The radio frequency spectrum is a vital and limited
national resource. Spectrum contributes to significant
technological innovation, job creation, and economic
growth, and it enables military operations, communications
among first responders to natural disasters and terrorist
attacks, and scientific discovery.
Recent years have witnessed an explosion of spectrum-based
technologies and uses of wireless voice and data communications
systems by businesses, consumers, and Government. Today
there are over 140 million wireless phone customers
and, increasingly, businesses and consumers are installing
systems that use unlicensed spectrum to allow wireless
data, called Wireless Fidelity (WiFi), on their premises.
The Federal Government makes extensive use of spectrum
for radars, communications, geolocation/navigation,
space operations, and other national and homeland security
needs. We must unlock the economic value and entrepreneurial
potential of U.S. spectrum assets while ensuring that
sufficient spectrum is available to support critical
Government functions.
The existing legal and policy framework for spectrum
management has not kept pace with the dramatic changes
in technology and spectrum use. Under the existing
framework, the Government generally reviews every change
in spectrum use, a process that is often slow and inflexible,
and can discourage the introduction of new technology.
Some spectrum users, including Government agencies,
maintain that the existing spectrum process is insufficiently
responsive to the need to protect current critical
uses.
My Administration is committed to promoting the development
and implementation of a U.S. spectrum policy for the
21st century that will: (a) foster economic growth;
(b) ensure our national and homeland security; (c)
maintain U.S. global leadership in communications technology
development and services; and (d) satisfy other vital
U.S. needs in areas such as public safety, scientific
research, Federal transportation infrastructure, and
law enforcement. My Administration has already proposed
several legislative changes or program initiatives
to improve elements of the spectrum management process.
These proposals would greatly enhance the Government’s
ability to efficiently manage spectrum. To further
promote the development and implementation of a U.S.
spectrum policy for the 21st century, I hereby direct
the following:
Section
1. Establishment. There is established the "Spectrum Policy Initiative" (the "Initiative")
that shall consist of activities to develop recommendations for
improving spectrum management policies and procedures for the
Federal Government and to address State, local, and private spectrum
use. The Secretary of Commerce shall chair and direct the work
of the Initiative. The Initiative shall consist of two courses
of spectrum-related activity: (a) an interagency task force that
is created by section 3 of this memorandum; and (b) a series
of public meetings consistent with section 4 of this memorandum.
The interagency task force and the public meetings shall be convened
under the auspices of the Department of Commerce and used by
the Department to develop spectrum management reform proposals.
Sec. 2. Mission and Goals. The Initiative shall undertake a comprehensive
review of spectrum management policies (including any relevant
recommendations and findings of the study conducted pursuant
to section 214 of the E-Government Act of 2002) with the objective
of identifying recommendations for revising policies and procedures
to promote more efficient and beneficial use of spectrum without
harmful interference to critical incumbent users. The Department
of Commerce shall prepare legislative and other recommendations
to:
(a) facilitate a modernized and improved spectrum management
system;
(b) facilitate policy changes to create incentives for more efficient
and beneficial use of spectrum and to provide a higher degree
of predictability and certainty in the spectrum management process
as it applies to incumbent users;
(c) develop policy tools to streamline the deployment of new
and expanded services and technologies, while preserving national
security, homeland security, and public safety, and encouraging
scientific research; and
(d) develop means to address the critical spectrum needs of national
security, homeland security, public safety, Federal transportation
infrastructure, and science.
Sec.
3. Federal Government Spectrum Task Force. There is hereby established
the Federal Government Spectrum Task Force (the "Task Force")
to focus on improving spectrum management policies and procedures
to stimulate more efficient and beneficial use of Government
spectrum. The Secretary of Commerce, or the Secretary's designee
under this section, shall serve as Chairman of the Task Force.
(a) Membership of the Task Force. The Task Force shall consist
exclusively of the heads of the executive branch departments,
agencies, and offices listed below:
(1) the Department of State;
(2) the Department of the Treasury;
(3) the Department of Defense;
(4) the Department of Justice;
(5) the Department of the Interior;
(6) the Department of Agriculture;
(7) the Department of Commerce;
(8) the Department of Transportation;
(9) the Department of Energy;
(10) the Department of Homeland Security;
(11) the National Aeronautics and Space Administration;
(12) the Office of Management and Budget;
(13) the Office of Science and Technology Policy;
(14) such other executive branch departments, agencies, or offices
as the Chairman of the Task Force may designate; and
(15) subject to the authority of the Director of the Office of
Management and Budget, the Office of Project SAFECOM.
A member of the Task Force may designate, to perform the Task
Force functions of the member, any person who is a part of the
member's department, agency, or office, and who is a full-time
officer or employee of the Federal Government.
(b) Functions of the Task Force. The functions of the Task Force
are advisory and shall include, but are not limited to, producing
a detailed set of recommendations for improving spectrum management
policies and procedures to stimulate more efficient and beneficial
use of spectrum by the Federal Government. The recommendations
shall be consistent with the objectives set out in section 2
of this memorandum. The Task Force may hold meetings to obtain
information and advice concerning spectrum policy from individuals
in a manner that seeks their individual advice and does not involve
collective judgment or consensus advice or deliberation. At the
direction of the Chairman, the Task Force may establish subgroups
consisting exclusively of Task Force members or their designees
under this section, as appropriate.
Sec. 4. Recommendations to Address State, Local, and Private
Spectrum Use. Consistent with the objectives set out in section
2 of this memorandum, the Department of Commerce, separately
from the Task Force process, shall, in accordance with applicable
law, conduct public meetings that will assist with that Departments
development of a detailed set of recommendations for improving
policies and procedures for use of spectrum by State and local
governments and the private sector, as well as the spectrum management
process as a whole. These meetings will involve public events
to provide an opportunity for the input of the communications
industry and other interested parties. Participants may include
spectrum users, wireless equipment vendors, financial and industry
analysts, economists, technologists, and consumer groups. Interested
Federal, State,
and local government agencies will be welcome to attend and participate.
The Federal Communications Commission is also encouraged to participate
in these activities and to provide input to the National Telecommunications
and Information Administration at the Department of Commerce
on these issues.
Sec. 5. Reports. The Secretary of Commerce, or the Secretary's
designee, shall present to me, through the Assistant to the President
for Economic Policy and Director of the National Economic Council
and the Assistant to the President for National Security Affairs,
in consultation with the Assistant to the President for Homeland
Security, two separate reports no later than 1 year from the
date of this memorandum, one of which shall contain recommendations
developed under section 3 of this memorandum by the Task Force
and the other containing recommendations developed under section
4.
Sec. 6. General Provisions.
(a) The heads of Federal Government departments and agencies
shall assist the Chairman of the Task Force established by section
3 and provide information to the Task Force consistent with applicable
law as may be necessary to carry out the functions of the Task
Force. Each Federal department and agency shall bear its own
expense for participating in the Task Force. To the extent permitted
by law and within existing appropriations, the Department of
Commerce shall provide funding and administrative support for
the Task Force.
(b) Nothing in this memorandum shall be construed to impair or
otherwise affect the functions of the Director of the Office
of Management and Budget relating to budget, administrative,
or legislative proposals.
Sec. 7. Judicial Review. This memorandum is intended only to
improve the internal management of the Federal Government and
is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or equity by a
party against the United States, its departments, agencies, instrumentalities
or entities, its officers or employees, or any other person.
Sec. 8. Publication. The Secretary of Commerce is authorized
and directed to publish this memorandum in the Federal Register.
GEORGE W. BUSH
Appendix 3
For Immediate Release Office of the Press Secretary November 30, 2004
Presidential Determination: Memorandum for the Heads of Executive Departments and Agencies
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Improving Spectrum Management for the 21st Century
In May 2003, I established the Spectrum Policy Initiative to promote the development and implementation of a U.S. spectrum management policy for the 21st century. This initiative will foster economic growth; promote our national and homeland security; maintain U.S. global leadership in communications technology; and satisfy other vital U.S. needs in areas such as public safety, scientific research, Federal transportation infrastructure, and law enforcement.
The existing legal and policy framework for spectrum management has not kept pace with the dramatic changes in technology and spectrum use. Under the existing framework, the Federal Government generally reviews every change in spectrum use. This process is often slow and inflexible and can discourage the introduction of new technologies. Some spectrum users, including Government agencies, have argued that the existing spectrum process is insufficiently responsive to the need to protect current critical uses.
As a result, I directed the Secretary of Commerce to prepare recommendations for improving spectrum management. The Secretary of Commerce then established a Federal Government Spectrum Task Force and initiated a series of public meetings to address improvements in policies affecting spectrum use by the Federal Government, State, and local governments, and the private sector. The recommendations resulting from these activities were included in a two-part series of reports released by the Secretary of Commerce in June 2004, under the title Spectrum Policy for the 21st Century - The Presidents Spectrum Policy Initiative (Reports).
Therefore, to the extent permitted by law and within existing appropriations, I hereby direct the heads of executive departments and agencies (agencies) to implement the recommendations in the Reports as follows:
Section 1. Office of Management and Budget.
Within 6 months of the date of this memorandum, the Office of Management and Budget (OMB) shall provide guidance to the agencies for improving capital planning and investment control procedures to better identify spectrum requirements and the costs of investments in spectrumdependent programs and systems. Within 1 year of the date of this memorandum, agencies shall implement methods for improving capital planning and investment control procedures consistent with the OMB guidance, including making any modifications to agency capital planning procedures necessary to ensure greater consideration of more efficient and cost-effective spectrum use.
Section 2. Other Executive Departments and Agencies.
(a) Within 1 year of the date of this memorandum, the heads of agencies selected by the Secretary of Commerce shall provide agency-specific strategic spectrum plans (agency plans) to the Secretary of Commerce that include: (1) spectrum requirements, including bandwidth and frequency location for future technologies or services; (2) the planned uses of new technologies or expanded services requiring spectrum over a period of time agreed to by the selected agencies; and (3) suggested spectrum efficient approaches to meeting identified spectrum requirements. The heads of agencies shall update their agency plans biennially. In addition, the heads of agencies will implement a formal process to evaluate their proposed needs for spectrum. Such process shall include an analysis and assessment of the options available to obtain the associated communications services that are most spectrum-efficient and the effective alternatives available to meet the agency mission requirements. Heads of agencies shall provide their analysis and assessment to the National Telecommunications and Information Administration (NTIA) for review when seeking spectrum certification from the NTIA.
(b) Within 6 months of the date of this memorandum, the Secretary of Homeland Security, in coordination with the Secretary of Commerce and, as appropriate, the Chairman of the Federal Communications Commission, and considering the views of representatives from: (1) the public safety community, (2) State, local, tribal, and regional governments; and (3) the private sector, shall identify public safety spectrum needs.
(c) Within 1 year of the date of this memorandum, the Secretary of Homeland Security, in consultation with the Secretary of Commerce, the Director of the Office of Science and Technology Policy, the Director of the Office of Management and Budget, the Attorney General, the Secretaries of State, Defense, Transportation, Agriculture, and the Interior, the heads of other appropriate agencies, and, as appropriate, the Chairman of the Federal Communications Commission, shall develop a comprehensive plan, the Spectrum Needs Plan, to address issues related to communication spectrum used by the public safety community, as well as the continuity of Government operations. The Spectrum Needs Plan shall be submitted to the President through the Assistant to the President for Homeland Security, in coordination with the Assistant to the President for Economic Policy and other relevant components of the Executive Office of the President.
Section 3. Department of Commerce.
(a) Within 6 months after receiving the agency plans developed in section 2(a) of this memorandum, the Secretary of Commerce shall integrate the agency plans and Spectrum Needs Plan, based upon a Department of Commerce framework, into a Federal Strategic Spectrum Plan and shall assist in the formulation of a National Strategic Spectrum Plan. The Secretary of Commerce, in consultation with the Chairman of the Federal Communications Commission, as appropriate, shall update the National Strategic Spectrum Plan on a biennial basis thereafter.
(b) Within 1 year of the date of this memorandum, the Secretary of Commerce, in coordination with other relevant Federal agencies identified by the Secretary, shall develop a plan for identifying and implementing incentives that promote more efficient and effective use of the spectrum while protecting national and homeland security, critical infrastructure, and Government services.
(c) Within 6 months of the date of this memorandum, the Secretary of Commerce shall establish a plan for the implementation of all other recommendations included in the Reports. Not more than 1 year from the date of this memorandum, the Secretary of Commerce shall provide to the President a report describing the progress on implementing the recommendations in the Reports. The report shall include a section prepared by the Secretary of Homeland Security that describes the progress made with respect to public safety spectrum issues. This report shall be updated on an annual basis, until completion of the actions required by this memorandum. The heads of agencies shall provide the Secretary of Commerce and the Secretary of Homeland Security with any assistance or information required in the preparation of the annual report.
(d) The plans in sections 3(a)-(c) and the annual report developed in section 3(c) of this memorandum shall be submitted to the President through the Assistant to the President for Economic Policy, in coordination with the Assistant to the President for National Security Affairs and other relevant components of the Executive Office of the President.
(e) As appropriate, the Secretary of Commerce and heads of other agencies shall consult with the Chairman of the Federal Communications Commission regarding the implementation of the recommendations in the Reports.
Section 4. General.
(a) Nothing in this memorandum shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This memorandum is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by a party against the United States, its departments, agencies, entities, instrumentalities, its officers or employees, or any other person.
(c) This order shall be implemented in a manner consistent with existing statutes, treaties, Executive Agreements, and Executive Orders affecting the operation of any of the departments, agencies, or instrumentalities of the Federal Government.
GEORGE W. BUSH
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