    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book I)]
    [May 29, 2003]
    [Pages 605-608]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on the Spectrum Policy for the 21st Century
    May 29, 2003

    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

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    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 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

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                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.

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           (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

    Note: This memorandum was released by the Office of the Press Secretary
    on June 5. This item was not received for publication in the Federal
    Register.