[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Notices]
[Pages 1568-1570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-454]


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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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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
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    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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