[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Presidential Documents]
[Pages 38387-38389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16271]



[[Page 38385]]

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Part V





The President





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Memorandum of June 28, 2010--Unleashing the Wireless Broadband 
Revolution
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  Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 38387]]

                Memorandum of June 28, 2010

                
 Unleashing the Wireless Broadband Revolution

                Memorandum for the Heads of Executive Departments and 
                Agencies

                America's future competitiveness and global technology 
                leadership depend, in part, upon the availability of 
                additional spectrum. The world is going wireless, and 
                we must not fall behind. The resurgence of American 
                productivity growth that started in the 1990s largely 
                reflects investments by American companies, the public 
                sector, and citizens in the new communications 
                technologies that are what we know today as the 
                Internet. The Internet, as vital infrastructure, has 
                become central to the daily economic life of almost 
                every American by creating unprecedented opportunities 
                for small businesses and individual entrepreneurs. We 
                are now beginning the next transformation in 
                information technology: the wireless broadband 
                revolution.

                Few technological developments hold as much potential 
                to enhance America's economic competitiveness, create 
                jobs, and improve the quality of our lives as wireless 
                high-speed access to the Internet. Innovative new 
                mobile technologies hold the promise for a virtuous 
                cycle--millions of consumers gain faster access to more 
                services at less cost, spurring innovation, and then a 
                new round of consumers benefit from new services. The 
                wireless revolution has already begun with millions of 
                Americans taking advantage of wireless access to the 
                Internet.

                Expanded wireless broadband access will trigger the 
                creation of innovative new businesses, provide cost-
                effective connections in rural areas, increase 
                productivity, improve public safety, and allow for the 
                development of mobile telemedicine, telework, distance 
                learning, and other new applications that will 
                transform Americans' lives.

                Spectrum and the new technologies it enables also are 
                essential to the Federal Government, which relies on 
                spectrum for important activities, such as emergency 
                communications, national security, law enforcement, 
                aviation, maritime, space communications, and numerous 
                other Federal functions. Spectrum is also critical for 
                many State, local, and tribal government functions. As 
                the wireless broadband revolution unfolds, innovation 
                can enable efficient and imaginative uses of spectrum 
                to maintain and enhance the Government's capabilities.

                In order to achieve mobile wireless broadband's full 
                potential, we need an environment where innovation 
                thrives, and where new capabilities also are secure, 
                trustworthy, and provide appropriate safeguards for 
                users' privacy. These characteristics will continue to 
                be important to the adoption of mobile wireless 
                broadband.

                This new era in global technology leadership will only 
                happen if there is adequate spectrum available to 
                support the forthcoming myriad of wireless devices, 
                networks, and applications that can drive the new 
                economy. To do so, we can use our American ingenuity to 
                wring abundance from scarcity, by finding ways to use 
                spectrum more efficiently. We can also unlock the value 
                of otherwise underutilized spectrum and open new 
                avenues for spectrum users to derive value through the 
                development of advanced, situation-aware spectrum-
                sharing technologies.

                I therefore am hereby directing that executive 
                departments, agencies, and offices, and strongly 
                encourage that independent agencies, take the following 
                steps:

[[Page 38388]]

                Section 1. The Secretary of Commerce, working through 
                the National Telecommunications and Information 
                Administration (NTIA), shall:

                (a) collaborate with the Federal Communications 
                Commission (FCC) to make available a total of 500 MHz 
                of Federal and nonfederal spectrum over the next 10 
                years, suitable for both mobile and fixed wireless 
                broadband use. The spectrum must be available to be 
                licensed by the FCC for exclusive use or made available 
                for shared access by commercial and Government users in 
                order to enable licensed or unlicensed wireless 
                broadband technologies to be deployed;

                (b) collaborate with the FCC to complete by October 1, 
                2010, a specific Plan and Timetable for identifying and 
                making available 500 MHz of spectrum as described in 
                subsection (a) of this section. For purposes of 
                successfully implementing any repurposing of existing 
                spectrum in accordance with subsection (a) of this 
                section, the Plan and Timetable must take into account 
                the need to ensure no loss of critical existing and 
                planned Federal, State, local, and tribal government 
                capabilities, the international implications, and the 
                need for appropriate enforcement mechanisms and 
                authorities;

                (c) convene the Policy and Plans Steering Group (PPSG) 
                to advise NTIA on achieving the objectives in 
                subsections (a) and (b) of this section. The 
                Secretaries of Defense, the Treasury, Transportation, 
                State, the Interior, Agriculture, Energy, and Homeland 
                Security, the Attorney General, the Administrators of 
                the National Aeronautics and Space Administration 
                (NASA) and the Federal Aviation Administration, the 
                Director of National Intelligence, the Commandant of 
                the United States Coast Guard, and the head of any 
                other executive department or agency that is currently 
                authorized to use spectrum shall participate and 
                cooperate fully, or in the case of independent agencies 
                are strongly encouraged to, in the activities of the 
                Department of Commerce in accomplishing subsections (a) 
                and (b) of this section and promptly provide 
                appropriate funding and staff resources for agency 
                support to these efforts and the work of the PPSG; and

                (d) submit, not later than 180 days after the Plan and 
                Timetable described in subsection (b) of this section 
                are completed, to the National Economic Council (NEC), 
                the Office of Management and Budget (OMB), and the 
                Office of Science and Technology Policy (OSTP) an 
                interim report to assess progress against the Plan and 
                Timetable developed in accordance with subsection (b) 
                of this section. Additional interim reports shall be 
                submitted 180 days after the submission of the first 
                interim report and then annually thereafter until such 
                time as the Plan and Timetable are completed. In 
                preparing these reports, the Secretary of Commerce 
                shall work cooperatively with the FCC and other 
                relevant departments, agencies, and offices.

                Sec. 2. The Director of OMB shall work with the 
                Secretary of Commerce, through NTIA and in consultation 
                with affected departments, agencies, and offices, to 
                incorporate into the Plan and Timetable referred to in 
                section 1(b) of this memorandum adequate funding, 
                incentives, and assistance to enable executive agencies 
                or other affected entities to accomplish the actions 
                specified in section 1(a) of this memorandum.

                Sec. 3. The Secretary of Commerce, working through 
                NTIA, in consultation with the National Institute of 
                Standards and Technology, National Science Foundation 
                (NSF), the Department of Defense, the Department of 
                Justice, NASA, and other agencies as appropriate, shall 
                create and implement a plan to facilitate research, 
                development, experimentation, and testing by 
                researchers to explore innovative spectrum-sharing 
                technologies, including those that are secure and 
                resilient.

                Sec. 4. The FCC is strongly encouraged to work closely 
                with the Department of Commerce, through NTIA, to carry 
                out this memorandum as it relates to the FCC, including 
                the repurposing of nonfederal Government spectrum as 
                appropriate and identifying the mechanisms necessary to 
                ensure compliance with the FCC's decisions.

[[Page 38389]]

                Sec. 5. The NEC, the OMB, and the OSTP (in consultation 
                with the Department of Commerce, working through NTIA, 
                FCC, and the National Security Staff) shall assess, 
                based on the interim report developed pursuant to 
                section 1(d) of this memorandum, whether there has been 
                sufficient progress in achieving the objectives of this 
                memorandum or whether some other mechanism, such as an 
                independent review panel, is needed to address those 
                areas where sufficient progress is not occurring. The 
                NEC, the OMB, and the OSTP shall make any necessary 
                recommendations to the President regarding such 
                progress 45 days after receiving the initial interim 
                report required by section 1(d) of this memorandum and, 
                as appropriate, following subsequent reports.

                Sec. 6.

                (a) To the extent permitted by law and within existing 
                appropriations, the Department of Commerce, through 
                NTIA, shall provide administrative support for the 
                interagency groups created in this memorandum.

                (b) Nothing in this memorandum shall be construed to 
                impair or otherwise affect the functions of the 
                Director of OMB relating to budgetary, administrative, 
                or legislative proposals.

                (c) Nothing in this memorandum shall be construed to 
                require the disclosure of classified information, law 
                enforcement sensitive information, or other information 
                that must be protected in the interests of national 
                security.

                (d) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

                (e) This memorandum is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

                Sec. 7. The Secretary of Commerce is authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, June 28, 2010.

[FR Doc. 2010-16271
Filed 6-30-10; 11:15 am]
Billing code 3510-07-P