[Weekly Compilation of Presidential Documents Volume 39, Number 23 (Monday, June 9, 2003)]
[Pages 726-729]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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.

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    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 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;

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(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.

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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.