[TrunkCom] [NEXTEL-1] Presidential Memo on Spectrum Policy]

[Marcelrf@bellsouth.net]

Presidential Memo on Spectrum Policy
Memorandum for the Heads of Executive Departments and Agencies
Subject:	Spectrum Policy for the 21st Century

Fact Sheet on Spectrum Management

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 tech-nology 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
transporta-tion infrastruc-ture, 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 Governments 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 exclu-sively 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 recommen-dations 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. Partici-pants
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
func-tions of the Task Force. Each Federal department and agency shall bear its
own expense for partici-pating in the Task Force. To the extent permitted by law
and within existing appropria-tions, 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


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