[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Notices]
[Page 1568-1570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-38]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
Presidential Memorandum on Spectrum Policy for the 21st Century
AGENCY: National Telecommunications and Information Administration
(NTIA), U.S. Department of Commerce.
ACTION: Notice, Memorandum for the Heads of Executive Departments and
Agencies.
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[[Page 1569]]
SUMMARY: On May 29, 2003, President George W. Bush issued the
Presidential Memorandum on Spectrum Policy to the Heads of Executive
Departments and Agencies announcing the Administration's commitment to
promote the development and implementation of a United States spectrum
policy for the 21st Century.\1\ Due to the Federal Government's
extensive use of spectrum and the dramatic changes in available
spectrum-based technologies and uses of wireless voice and data
communications systems, the Administration has determined that it is
necessary to examine the existing legal and policy framework for
spectrum management in order to unlock the economic value and
entrepreneurial potential of U.S. spectrum assets for businesses,
consumers, and Federal Government users. The Presidential Memorandum on
Spectrum Policy establishes the ``Spectrum Policy Initiative,'' a
comprehensive program consisting of activities, including the creation
of an interagency task force and a series of public meetings, that will
lead to the development of legislative and other recommendations for
improving spectrum management procedures and policies for the Federal
Government and to address State, local and private spectrum uses. The
Spectrum Policy Initiative is designed to revise policies and
procedures that promote more efficient and beneficial use of spectrum
without harmful interference to critical incumbent spectrum users. This
Notice, published by the National Telecommunications and Information
Administration (NTIA) on behalf of the Secretary of Commerce, prints
the text of the Presidential Memorandum on Spectrum Policy for the 21st
Century in the Federal Register, as directed in section 8 of the
Memorandum. The text of the Presidential Memorandum is printed in its
entirety below.
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\1\ Presidential Memorandum for the Heads of Executive
Departments and Agencies on Spectrum Policy for the 21st Century,
released by the White House Office of the Press Secretary on June 5,
2003 (referred to as ``Presidential Memorandum on Spectrum Policy''
or ``the Memorandum'') available at http://www.whitehouse.gov.
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DATES: Memorandum issued on May 29, 2003.
FOR FURTHER INFORMATION CONTACT: Fredrick R. Wentland, Associate
Administrator, National Telecommunications and Information
Administration, Office of Spectrum Management, (202) 482-1850.
Background
On May 29, 2003, the President of the United States signed a
Memorandum on Spectrum Policy for the 21st Century for the Heads of
Executive Departments and Agencies which established the
Administration's goals and policies for improving all elements of the
spectrum management process. The Executive Memorandum, released by the
White House Office of the Press Secretary on June 5, 2003, authorized
and directed the Secretary of Commerce to publish the Memorandum in the
Federal Register.\2\ The NTIA, under delegated authority from the
Secretary of Commerce, is publishing the Memorandum in the Federal
Register. NTIA is the President's principal advisor on domestic and
international telecommunications and spectrum policy. The text of the
Presidential Memorandum on Spectrum Policy is printed below in its
entirety.
\2\ Id. at sec. 8.
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Presidential Memorandum on Spectrum Policy for the 21st Century
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
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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 Department's
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
* * * * *
Dated: January 6, 2004.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information
Administration.
[FR Doc. 04-454 Filed 1-8-04; 8:45 am]
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