1. 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, February 2005.
James J. Miller
DOT Office of the Secretary

2. 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.

3. 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.

4. 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

5. 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

6. 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.,

7. 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 , § 2281, 111 Stat (1997) (“PL ”).
Commercial Space Act of 1998, Pub. L , § 104(b), 112 Stat (1998).
Department of Defense Appropriation Act, Pub. L. No , § 8137, 112 Stat (1999) (“PL ”).

8. 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.

9. 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.”

10. 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

11. 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

12. DELIVERABLES

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

14. 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.

15. 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.”

16. 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. § 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.

17. 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

18. POINT OF CONTACT INFO.
James J. Miller, Deputy Director
U.S. Department of Transportation, Office of the Secretary
Navigation & Spectrum Policy, Nassif Bldg., Rm E
400 Seventh Street, S.W., Washington, D.C
Wk: (202)
Fx: (202)