[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Notices]
[Pages 16244-16247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05406]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket Number: 230308-0068]


Development of a National Spectrum Strategy

AGENCY: National Telecommunications and Information Administration, 
Department of Commerce.

ACTION: Request for comments.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA), U.S. Department of Commerce, seeks public comment on the 
development and implementation of a National Spectrum Strategy for the 
United States. Through this Request for Comments, NTIA seeks broad 
input from interested stakeholders, including private industry 
(specifically including developers and end-users of spectrum-based 
technologies and services, and contractors for federal missions), 
academia, civil society, the public sector, and others on three 
proposed pillars of the National Spectrum Strategy set forth below.

DATES: Parties should file their comments no later than April 17, 2023.

ADDRESSES: All electronic comments on this action, identified by 
Regulations.gov docket number NTIA-2023-0003, may be submitted through 
the Federal e-Rulemaking Portal at https://www.regulations.gov. The 
docket established for this proceeding can be found at 
www.Regulations.gov, NTIA-2023-0003. Click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Responders should include a page number on each page of their 
submissions. Please do not include in your comments information of a 
confidential nature, such as sensitive personal information. All 
comments received are part of the public record and generally will be 
posted to Regulations.gov and the NTIA website without change. All 
personally identifiable information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. For more 
detailed directions regarding the content of comment submissions, 
please see the ``Request for Comments'' section below.
    Those encountering any difficulties with the prescribed formatting 
and uploading directions should notify Mr. Alden at the contact 
information listed below at least ten (10) business days before the 
filing deadline.

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    NTIA welcomes views on the NSS pillars as detailed in this notice, 
and these views may be reflected, at the agency's discretion, in the 
ensuing development of the NSS and implementation plan.
    These public comments are being gathered in conjunction with a 
series of public listening sessions, which will be held concurrently 
with the comment period of this RFC. Schedules and instructions for 
attending and speaking at the public listening sessions will be 
available on NTIA's website at https://www.ntia.gov.

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this 
Notice to John Alden, Telecommunications Specialist, Office of Spectrum 
Management, NTIA, at (202) 482-8046 or [email protected]. Please direct media inquiries to NTIA's Office of 
Public Affairs, at (202) 482-7002 or [email protected].

SUPPLEMENTARY INFORMATION: NTIA serves as the President's principal 
advisor on telecommunications policies and manages the use of the 
radio-frequency spectrum by federal agencies. See 47 U.S.C. 902(b)(2). 
NTIA is seeking public input on the scope and content of a National 
Spectrum Strategy. These inputs will allow NTIA and other federal 
agencies to benefit from expertise and viewpoints outside the federal 
government. These views will be considered and may be reflected in the 
development of a National Spectrum Strategy document and ensuing 
implementation plan, which are needed to accelerate U.S. leadership in 
wireless communications and other spectrum-based technologies and to 
unlock innovations that benefit the American people.

Background

    America is increasingly dependent on secure and reliable access to 
radio frequency spectrum. Sufficient access to spectrum is vital to 
national security, critical infrastructure, transportation, emergency 
response, public safety, scientific discovery, economic growth, 
competitive next-generation communications, and diversity, equity, and 
inclusion. Increased spectrum access will also advance U.S. innovation, 
connectivity, and competition, create high-paying and highly skilled 
jobs, and produce improvements to the overall quality of life. Access 
to more spectrum, in short, will help the United States continue to 
lead the world in advanced technology and enhance our national and 
economic security.
    Spectrum access, however, must be managed responsibly and 
efficiently. NTIA jointly manages the nation's spectrum resources with 
the Federal Communications Commission. NTIA is requesting comments from 
interested parties to help inform the development of a national 
spectrum strategy, which is needed for the U.S. to plan effectively for 
its current and future spectrum needs. As part of this effort, and to 
support the need for greater spectrum access, NTIA--in collaboration 
with the Federal Communications Commission and in coordination with its 
other federal partners--endeavors to identify at least 1,500 megahertz 
of spectrum for in-depth study to determine whether that spectrum can 
be repurposed to allow more intensive use. The Department of Commerce 
is committed to developing a national spectrum strategy based upon 
collaboration with both federal and non-federal stakeholders, including 
Tribes, and on data-driven decision-making, to fully address the needs 
of spectrum reliant services and missions, including but not limited 
to:
     Fixed and mobile wireless broadband services;
     Next-generation satellite communications and other space-
based systems;
     Advanced transportation technologies;
     Industrial and commercial applications, (i.e., 
manufacturing, agriculture, and utilities);
     Wireless medical devices and telemedicine;
     Internet of Things (IoT) and smart cities;
     National defense and homeland security;
     Safeguarding the national airspace and ports;
     Securing the Nation's critical infrastructure;
     Earth and space exploration and research; and
     Climate monitoring and forecasting, and other scientific 
endeavors.

Request for Comments

    The National Telecommunications and Information Administration 
(NTIA) seeks broad input from interested stakeholders, including 
private industry (specifically including wireless broadband internet 
service providers, original equipment manufacturers and network 
vendors, developers and end-users of spectrum-based technologies and 
services, and contractors for federal missions), academia, civil 
society, the public sector, and others on three proposed pillars of the 
National Spectrum Strategy. NTIA will also confer with federal agencies 
with an interest in spectrum access.
    Please provide any data you have available and are able to make 
public to support comments in response to the questions below.

Pillar #1--A Spectrum Pipeline To Ensure U.S. Leadership in Spectrum-
Based Technologies

    A spectrum pipeline is essential to continue our nation's economic 
growth, to improve our global competitiveness, and to support critical 
federal services and missions. For purposes of the Strategy, we define 
``spectrum pipeline'' to mean a process for identifying spectrum bands, 
regardless of allocation (i.e., both federal and non-federal) that 
should be studied for repurposing (i.e., allowing new or additional 
uses) to meet future requirements for non-federal and federal use 
alike. We seek input on what requirements such a pipeline needs to 
address, and which spectrum bands may be best suited for particular 
purposes.
    1. What are projected future spectrum requirements of the services 
or missions of concern to you in the short (less than 3 years), medium 
(3-6 years) and long (7-10 years) term? What are the spectrum 
requirements for next-generation networks and emerging technologies and 
standards under development (e.g., 5G Advanced, 6G, Wi-Fi 8)? Are there 
additional or different requirements you can identify as needed to 
support future government capabilities? What are the use cases and 
anticipated high-level technical specifications (e.g., power, target 
data rates) that drive these requirements? How much, if at all, should 
our strategy by informed by work being performed within recognized 
standards-setting bodies (e.g., 3GPP, IEEE), international agencies 
(e.g., ITU), and non-U.S. regulators or policymakers (e.g., the 
European Union)? What relationship (if any) should our strategy have to 
the work of these entities? Are there spectrum bands supporting legacy 
technology (e.g., 3G, GSM, CDMA, etc.) that can be repurposed to 
support newer technologies for federal or non-federal use?
    2. Describe why the amount of spectrum now available will be 
insufficient to deliver current or future services or capabilities of 
concern to stakeholders. We are particularly interested in any 
information on the utilization of existing spectrum resources 
(including in historically underserved or disconnected communities such 
as rural areas and Tribal lands) or technical specifications for 
minimum bandwidths for future

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services or capabilities. As discussed in greater detail in Pillar #3, 
are there options available for increasing spectrum access in addition 
to or instead of repurposing spectrum (i.e., improving the 
technological capabilities of deployed systems, increasing or improving 
infrastructure build outs)?
    3. What spectrum bands should be studied for potential repurposing 
for the services or missions of interest or concern to you over the 
short, medium, and long term? Why should opening or expanding access to 
those bands be a national priority. For each band identified, what are 
some anticipated concerns? Are there spectrum access models (e.g., low-
power unlicensed, dynamic sharing) that would either expedite the 
timeline or streamline the process for repurposing the band?
    4. What factors should be considered in identifying spectrum for 
the pipeline? Should the Strategy promote diverse spectrum access 
opportunities including widespread, intensive, and low-cost access to 
spectrum-based services for consumers? Should the Strategy promote 
next-generation products and services in historically underserved or 
disconnected communities such as rural areas and Tribal lands? Should 
the Strategy prioritize for repurposing spectrum bands that are 
internationally harmonized and that can lead to economies of scale in 
network equipment and devices? How should the Strategy balance these 
goals with factors such as potential transition costs for a given band 
or the availability of alternative spectrum resources for incumbent 
users? How should the Strategy balance these goals against critical 
government missions? How should the Strategy assess efficient spectrum 
use and the potential for sharing? What is an ideal timeline framework 
suitable for identifying and repurposing spectrum in order to be 
responsive to rapid changes in technology, from introduction of a 
pipeline to actual deployment of systems?
    5. Spectrum access underpins cutting-edge technology that serves 
important national purposes and government missions. Are there changes 
the government should make to its current spectrum management processes 
to better promote important national goals in the short, medium, and 
long term without jeopardizing current government missions?
    6. For purposes of the Strategy, we propose to define ``spectrum 
sharing'' as optimized utilization of a band of spectrum by two or more 
users that includes shared use in frequency, time, and/or location 
domains, which can be static or dynamic. To implement the most 
effective sharing arrangement, in some situations incumbent users may 
need to vacate, compress or repack some portion of their systems or 
current use to enable optimum utilization while ensuring no harmful 
interference is caused among the spectrum users. Is this how spectrum 
sharing would be defined? If not, please provide a definition or 
principles that define spectrum sharing. What technologies, innovations 
or processes are currently available to facilitate spectrum sharing as 
it should be defined? What additional research and development may be 
required to advance potential new spectrum sharing models or regimes, 
who should conduct such research and development, and how should it be 
funded?
    7. What are the use cases, benefits, and hinderances of each of the 
following spectrum access approaches: exclusive-use licensing; 
predefined sharing (static or predefined sharing of locations, 
frequency, time); and dynamic sharing (real-time or near real-time 
access, often with secondary use rights)? Are these approaches mutually 
exclusive (i.e., under what circumstances could a non-federal, 
exclusive-use licensee in a band share with government users, from a 
non-federal user point of view)? Have previous efforts to facilitate 
sharing, whether statically or dynamically, proven successful in 
promoting more intensive spectrum use while protecting incumbents? 
Please provide ideas or techniques for how to identify the potential 
for and protect against interference that incumbents in adjacent bands 
may experience when repurposing spectrum.
    8. What incentives or policies may encourage or facilitate the 
pursuit of more robust federal and non-federal spectrum sharing 
arrangements, including in mid-band and other high priority/demand 
spectrum? For example, does the current process for reimbursement of 
relocation or sharing costs adequately incentivize the study or 
analysis of spectrum frequencies for potential repurposing? Are there 
market-based, system-performance based or other approaches that would 
make it easier for federal agencies to share or make spectrum available 
while maintaining federal missions? At the same time, what mechanisms 
should be considered to meet some of the current and future federal 
mission requirements by enabling new spectrum access opportunities in 
non-federal bands, including on an ``as needed'' or opportunistic 
basis?
    9. How do allocations and varying spectrum access and governance 
models in the U.S. compare with actions in other nations, especially 
those vying to lead in terrestrial and space-based communications and 
technologies? How should the U.S. think about international 
harmonization and allocation disparities in developing the National 
Spectrum Strategy?

Pillar #2--Long-Term Spectrum Planning

    The key to addressing spectrum needs across sectors is a long-term 
planning process in which affected stakeholders work together openly 
and transparently in an ongoing manner. This is how evolving user 
requirements can be vetted and allocations can be regularly assessed to 
optimize uses of spectrum to ensure its greatest benefits to the 
American people. Under the Spectrum Coordination Initiative, NTIA and 
the FCC are collaborating to develop and implement a long-term 
strategic spectrum planning process.\1\ This process, once adopted, 
would provide a plan for future spectrum access and compatibility 
across uses based on projected future national spectrum requirements. 
We seek input on what a long-term planning process should entail, with 
whom and at what cadence should NTIA coordinate as part of such 
process, and how best to execute it.
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    \1\ See News Release, National Telecommunications and 
Information Administration, FCC, NTIA Establish Spectrum 
Coordination Initiative (Feb. 15, 2022).
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    1. Who are the groups or categories of affected stakeholders with 
interests in the development of the National Spectrum Strategy and 
participating in a long-term spectrum-planning process? How do we best 
ensure that all stakeholders can participate in a long-term spectrum 
planning process in order to facilitate transparency to the greatest 
extent possible, ensure efficient and effective use of the nation's 
spectrum resources?
    2. What type of timeline would be defined as a ``long-term'' 
process? What are key factors to consider and what are the key inputs 
to a long-term planning process? What data are required for planning 
purposes? Do we need data on spectrum utilization by incumbent users, 
including adjacent band users, and, if so, how should we collect such 
data and what metrics should we use in assessing utilization? Do we 
need information from standards-setting bodies and, if so, what 
information would be helpful and how should we obtain such information? 
What is the appropriate time horizon for long-term

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spectrum planning and how often should we revisit or reassess our prior 
findings and determinations? How do we balance periodic review and 
reassessment of our spectrum priorities with providing regulatory 
certainty to protect investment-backed expectations of existing 
spectrum users? How can federal and non-federal stakeholders best work 
together?
    3. How can federal and non-federal stakeholders best engage in 
productive and ongoing dialogue regarding spectrum allocation and 
authorization, repurposing, sharing, and coordination? Learning from 
prior experiences, what can be done to improve federal/non-federal 
spectrum coordination, compatibility, and interference protection 
assessments to avoid unnecessary delays resulting from non-consensus?
    4. What technical and policy-focused activities can the U.S. 
Government implement that will foster trust among spectrum stakeholders 
and help drive consensus among all parties regarding spectrum 
allocation decisions?
    5. Are additional spectrum-focused engagements beyond those already 
established today (e.g., FCC's Technical Advisory Committee (TAC),\2\ 
NTIA's Commerce Spectrum Management Advisory Committee (CSMAC),\3\ and 
NTIA's annual Spectrum Policy Symposium) needed to improve trust, 
transparency, and communication among the federal government, industry, 
and other stakeholders (including Tribal Nations) and why? What would 
be the scope of such engagements, how would they be structured, and why 
would establishing new engagements be preferable to expanding the use 
of existing models? If existing models are sufficient, how (if needed) 
should FCC and NTIA maximize their usefulness or leverage their 
contributions to enhance and improve coordination?
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    \2\ See FCC [verbar] Technological Advisory Council (TAC), 
https://www.fcc.gov/general/technological-advisory-council (last 
visited Mar. 4, 2023).
    \3\ See NTIA [verbar] Commerce Spectrum Management Advisory 
Committee (CSMAC), https://www.ntia.gov/category/csmac (last visited 
Mar. 4, 2023).
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    6. In considering spectrum authorization broadly (i.e., to include 
both licensed and unlicensed models as well as federal frequency 
assignments), what approaches (e.g., rationalization of spectrum bands 
or so-called ``neighborhoods'') may optimize the effectiveness of U.S. 
spectrum allocations? Are there any specific spectrum bands or ranges 
to be looked at that have high potential for expanding and optimizing 
access? Which, if any, of these spectrum bands or ranges should be 
prioritized for study and potential repurposing? Conversely, are there 
any bands or ranges that would not be appropriate for access expansion? 
What, if any, metrics are ideal for measuring the intensity of spectrum 
utilization by incumbents in candidate bands?
    7. What is needed to develop, strengthen, and diversify the 
spectrum workforce to ensure an enduring, capable and inclusive 
workforce to carry out the long-term plans (including specifically in 
rural and Tribal communities)?

Pillar #3--Unprecedented Spectrum Access and Management Through 
Technology Development

    A key strategy to ensure sufficient access to spectrum for our 
nation is to embrace innovation and pursue technologies that expand the 
overall capacity or usability of the radiofrequency spectrum. Our 
nation has always been at the forefront of technological advancements 
across multiple industries and fields, so it should be no different 
with spectrum-based technologies. We seek input on what categories of 
new or emerging technologies could best help to ensure the U.S. 
continues to innovate and maintain its global leadership in spectrum-
based services.
    1. What innovations and next-generation capabilities for spectrum 
management models (including both licensed and unlicensed) are being 
explored today and are expected in the future to expand and improve 
spectrum access (and what are the anticipated timelines for delivery)?
    2. What policies should the National Spectrum Strategy identify to 
enable development of new and innovative uses of spectrum?
    3. What role, if any, should the government play in promoting 
research into, investment in, and development of technological 
advancements in spectrum management, spectrum-dependent technologies, 
and infrastructure? What role, if any, should the government play in 
participating in standards development, supporting the use of network 
architectures, and promoting tools such as artificial intelligence and 
machine learning for spectrum coordination or interference protections? 
What technologies are available to ensure appropriate interference 
protection for incumbents in adjacent bands? What spectrum management 
capabilities/tools would enable advanced modeling and more robust and 
quicker implementation of spectrum sharing that satisfies the needs of 
non-federal interests while maintaining the spectrum access necessary 
to satisfy current and future mission requirements and operations of 
federal entities? How can data-collection capabilities or other 
resources, such as testbeds, be leveraged (including those on Tribal 
lands and with Tribal governments)?
    4. NTIA is pursuing a time-based spectrum sharing solution called 
the incumbent informing capability (IIC) to support spectrum sharing 
between federal and non-federal users.\4\ What are some recommendations 
for developing an enduring, scalable mechanism for managing shared 
spectrum access using the IIC or other similar mechanism, with the goal 
of increasing the efficiency of spectrum use? What challenges do non-
federal users foresee with potentially having limited access to 
classified or other sensitive data on federal spectrum uses and 
operations as part of the IIC or similar capabilities, and what 
recommendations do users have for ways to mitigate these challenges? 
What are the costs and complexities associated with automating 
information on spectrum use?
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    \4\ Michael DiFrancisco et al., Incumbent Informing Capability 
(IIC) for Time-Based Spectrum Sharing (2021), https://www.ntia.gov/sites/default/files/publications/iic_for_time-based_spectrum_sharing_0.pdf (last visited Mar. 4, 2023).
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    5. What other technologies and methodologies are currently being, 
or should be, researched and pursued that innovate in real-time dynamic 
spectrum sharing, particularly technologies that may not rely on 
databases?

Implementation Plan

    NTIA also seeks comment on the development of an implementation 
plan for the National Spectrum Strategy, which NTIA plans to release 
subsequent to publication of the National Spectrum Strategy. 
Considering all the foregoing, what specific steps should be included 
in the Implementation Plan that could be taken in the next 12-24 months 
to ensure the successful execution of the National Spectrum Strategy? 
Which of the spectrum bands or ranges should be prioritized for in-
depth study, for example, and under what timetable should we work 
toward to repurpose any identified bands? The Implementation Plan will 
outline specific objectives and the tasks needed to achieve them.

Stephanie Weiner,
Acting Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. 2023-05406 Filed 3-15-23; 8:45 am]
BILLING CODE 3510-60-P