Results of President

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Results of Presidents Spectrum Policy Initiative

• International Civil Aviation Organization
• Regional Preparatory Group (RPG) Meeting for
  World Radiocommunication Conference 2007
  (WRC-2007), ACP Working Group B and F and NSP SSG
  Meetings.
• Bangkok, Thailand, 21-25 February 2005.
• James J. Miller
• DOT Office of the Secretary

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MISSION AND GOALS
For Immediate ReleaseOffice of the Press
SecretaryJune 5, 2003
Presidential Memo on Spectrum Policy Memorandum
for the Heads of Executive Departments and
AgenciesSubject Spectrum Policy for the 21st
Century
The Initiative shall undertake a comprehensive
review of spectrum management policies 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.
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MISSION AND GOALS (Cont.)

• THE DEPARTMENT OF COMMERCE SHALL PREPARE
• LEGISLATIVE AND OTHER RECOMMENDATIONS TO
• 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.

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SPECTRUM REFORM NEEDED

• PROBLEMS
• United States General Accounting Office (GAO)
• TELECOMMUNICATIONS (January 2003) Comprehensive
  Review of U.S. Spectrum Management with Broad
  Stakeholder Involvement Is Needed
• TELECOMMUNICATIONS (September 2002) Better
  Coordination and Enhanced Accountability Needed
  to Improve Spectrum Management
• Existing legal and policy framework for
  spectrum management has not kept pace with the
  dramatic changes in technology and spectrum use.

Future Challenges Achieving A Balance
Between Spectrum Efficiency Vs. Spectrum
Effectiveness
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SPECTRUM DEFINED

• Spectrum What is it and Why does DOT Care?

• The Invisible Infrastructure
• A Public Good that needs to be Protected
• A Critical Enabler of all things Radio
• A finite resource generating urgent demand

• Prime Beach Front Property!

• 21ST Century Gold!

RADIO FREQUENCY SPECTRUM IS THE CRITICAL ENABLER
FOR BASIC CNS/ATM SERVICES
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SPECTRUM ENCROACHMENT

• Harmful interference to safety-of-life signals
  forces constraints on critical operations
• Spectrum encroachment could force costly upgrades
  to current user and service provider equipment
• Limits infrastructure and equipage options
• Reduces ROI for legacy systems
• Complicates future certification processes
• Rise of electromagnetic Noise Floor could
  prevent some CNS/ATM applications from maturing
• GPS precision approach and landing, etc.,

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DOT MISSION REQUIREMENTS

• As a matter of U.S. national policy and law,
  radionavigation services DOT provides are
  protected from interference and disruption as
  vital national assets for both civil and military
  use.
• Presidential Decision Directive (PDD) announcing
  comprehensive national policy on GPS (NSTC-6 on
  March 29, 1996).
• National Defense Authorization Act, Pub. L. No.
  105-85, 2281, 111 Stat. 1910 (1997) (PL
  105-85).
• Commercial Space Act of 1998, Pub. L. 105-303,
  104(b), 112 Stat. 2852 (1998).
• Department of Defense Appropriation Act, Pub. L.
  No. 105-262, 8137, 112 Stat. 2337 (1999) (PL
  105-262).

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1996 TELECOM ACT

• FCC is charged with facilitating the introduction
  of new telecommunications technologies
• Some parties have interpreted this as shifting
  the burden of proof from new radio band entrants
  to established users, providing no express
  exemption to those who provide public safety,
  national security, or other such critical public
  services.1
• 1 SEC. 7 47 U.S.C. 157 NEW TECHNOLOGIES AND
  SERVICES (a) Any person or party (other than the
  Commission) who opposes a new technology or
  service proposed to be permitted under this Act
  shall have the burden to demonstrate that such
  proposal is inconsistent with the public
  interest.

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TWO SEPARATE, BUT VITAL NATIONAL AGENDAS...

• DOT is a U.S. Safety Regulator, responsible for
  ensuring that transportation modes are secure
• The Departments top priorities are to keep the
  traveling public safe, increase their mobility,
  and ensure that our transportation system enables
  the Nations economic growth and development.
• FCC is a Market Regulator, responsible for
  managing private sector, state, and local air
  waves
• Our mission is to manage the spectrum and
  provide leadership to create new opportunities
  for competitive technologies and services for the
  American public.

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NATIONAL SPECTRUM MANAGEMENT
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SPECTRUM POLICY TASK FORCE

• Chaired by Deputy Secretary of Commerce
• Agriculture Homeland Security
• Commerce Transportation
• Defense Treasury
• Energy NASA
• State Office of
  Management and Budget
• Justice Office of
  Project SAFECOM
• Interior Office of
  Science Technology Policy
• Department of Transportation Team
• Spectrum Task Force Jeff Shane, Under
  Secretary for Policy
• Spectrum Work Group Tyler Duvall, Deputy
  Asst. Secretary
• Issue Groups James Miller, Oscar
  Alvarez/FAA

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DELIVERABLES
http//www.ntia.doc.gov
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RECOMMENDATIONS 13 - 15

• Meet Critical Spectrum Needs
• National Security, Homeland Security, Public
  Safety, Federal Transportation Infrastructure,
  and Science

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No. 13 Policy and Plans Steering Group (PPSG)

• To formalize the coordination process and to
  ensure that national security, homeland security,
  public safety, federal transportation
  infrastructure, scientific research, and economic
  opportunity are taken fully into consideration,
  the Assistant Secretary for Communications and
  Information should establish a Policy and Plans
  Steering Group (PPSG).
• The PPSG would provide advice to the Assistant
  Secretary on spectrum-dependent telecommunication
  policies, strategic plans, planned or revised
  positions on spectrum issues nationally and
  internationally, and help resolve major
  contentious spectrum policy issues that affect
  the use of spectrum by federal and non-federal
  users.

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No. 14 Policy Coordinating Committee (PCC)

• As needed, the existing Policy Coordinating
  Committee (PCC) of the White House should be used
  to address spectrum-based radiocommunication
  issues that have not been resolved by the PPSG.
  Such issues would include only those having a
  potentially significant impact on national
  security, homeland security, public safety,
  federal transportation infrastructure, scientific
  research, or economic opportunity.
• Further, NTIA should work with the FCC to revise
  Section IV (3) of their Memorandum of
  Understanding to append the following sentence,
  For cases in which a White House Policy
  Coordinating Committee is convened, the
  Commission shall provide an additional minimum 15
  business days for White House review.

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No. 15 Formalization of the Arrangement With
the FCC Defense Commissioner

• The Assistant Secretary for Communications and
  Information should work closely with the FCCs
  Defense Commissioner to ensure that the concerns
  of the agencies affected by national security,
  homeland security, public safety, and federal
  transportation infrastructure issues are
  considered fully in the course of NTIA and FCC
  proceedings.
• Further, this arrangement should be formalized by
  modifying the provisions of 47 C.F.R. 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.

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CONCLUSIONS

• DOT firmly supports spectrum innovation and
  creativity, while our first priority is to
  maintain a safe and effective infrastructure for
  the traveling public
• U.S. spectrum positions and regulatory actions
  continually strive to reflect a sensible balance
  between national security, public safety, and
  economic growth
• Consensus Recommendations of the Presidents
  Spectrum Policy Initiative will improve U.S.
  spectrum management, coordination, transparency,
  and accountability in national and international
  forums

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POINT OF CONTACT INFO.

• James J. Miller, Deputy Director
• U.S. Department of Transportation, Office of the
  Secretary
• Navigation Spectrum Policy, Nassif Bldg., Rm.
  10223E
• 400 Seventh Street, S.W., Washington, D.C.
  20590
• Wk [phone]
• Fx [phone]
• E-mail jj.miller_at_ost.dot.gov
• www.dot.gov