Results of President’s 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

MISSION AND GOALS 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 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.

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.

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

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

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.,

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”).

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.

TWO SEPARATE, BUT VITAL NATIONAL AGENDAS... DOT is a U.S. Safety Regulator, responsible for ensuring that transportation modes are secure “The Department’s top priorities are to keep the traveling public safe, increase their mobility, and ensure that our transportation system enables the Nation’s 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.”

NATIONAL SPECTRUM MANAGEMENT THE PRESIDENT COMMUNICATIONS ACT OF 1934 Non-Federal Users FCC INTERDEPARTMENT RADIO ADVISORY COMMITTEE (IRAC) Chaired by NTIA 20 Federal Agencies Represented ADVISOR LIAISON THE CONGRESS COORDINATION Federal Users NTIA National Defense Law Enforce & Security Transportation Resource Mgmt. & Control Emergencies Space Science/Research Other Services Business State & Local Government - Fire, Police, etc.,. Entertainment Commercial Private

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

DELIVERABLES http://www.ntia.doc.gov

Meet Critical Spectrum Needs: RECOMMENDATIONS 13 - 15 Meet Critical Spectrum Needs: National Security, Homeland Security, Public Safety, Federal Transportation Infrastructure, and Science

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.

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.”

No. 15 Formalization of the Arrangement With the FCC Defense Commissioner The Assistant Secretary for Communications and Information should work closely with the FCC’s 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.

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 President’s Spectrum Policy Initiative will improve U.S. spectrum management, coordination, transparency, and accountability in national and international forums

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: (202) 366-5918 Fx: (202) 366-3895 E-mail: jj.miller@ost.dot.gov www.dot.gov