[Weekly Compilation of Presidential Documents Volume 40, Number 49 (Monday, December 6, 2004)]
[Pages 2875-2877]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Improving Spectrum Management for the
21st Century

November 29, 2004

Memorandum for the Heads of Executive Departments and Agencies

Subject: Improving Spectrum Management for the 21st Century

    In May 2003, I established the Spectrum Policy Initiative to promote 
the development and implementation of a U.S. spectrum management policy 
for the 21st century. This initiative will foster economic growth; 
promote our national and homeland security; maintain U.S. global 
leadership in communications technology; and satisfy other vital U.S. 
needs in areas such as public safety, scientific research, Federal 
transportation infrastructure, and law enforcement.
    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 Federal Government generally reviews 
every change in spectrum use. This process is often slow and inflexible 
and can discourage the introduction of new technologies. Some spectrum 
users, including Government agencies, have argued that the existing 
spectrum process is insufficiently responsive to the need to protect 
current critical uses.
    As a result, I directed the Secretary of Commerce to prepare 
recommendations for improving spectrum management. The Secretary of 
Commerce then established a Federal Government Spectrum Task Force and 
initiated a series of public meetings to address improvements in 
policies affecting spectrum use by the Federal Government, State, and 
local governments, and the private sector. The recommendations resulting 
from these activities were included in a two-part series of reports 
released by the Secretary of Commerce in June 2004, under the title 
Spectrum Policy for the 21st Century--The President's Spectrum Policy 
Initiative (Reports).
    Therefore, to the extent permitted by law and within existing 
appropriations, I hereby direct the heads of executive departments and 
agencies (agencies) to implement the recommendations in the Reports as 
follows:
    Section 1. Office of Management and Budget.
    Within 6 months of the date of this memorandum, the Office of 
Management and Budget (OMB) shall provide guidance to the agencies for 
improving capital planning and investment control procedures to better 
identify spectrum requirements and the costs of investments in spectrum-
dependent programs and systems. Within 1 year of the date of this 
memorandum, agencies shall implement methods for improving capital 
planning and investment control procedures consistent with the OMB 
guidance, including making any modifications to agency capital planning 
procedures necessary to ensure greater consideration of more efficient 
and cost-effective spectrum use.
    Section 2. Other Executive Departments and Agencies.
    (a) Within 1 year of the date of this memorandum, the heads of 
agencies selected by the Secretary of Commerce shall provide agency-
specific strategic spectrum plans (agency plans) to the Secretary of 
Commerce that include: (1) spectrum requirements, including bandwidth 
and frequency location for future technologies or services; (2) the 
planned uses of new technologies or expanded services requiring spectrum 
over a period of time agreed to by the selected agencies; and (3) 
suggested spectrum efficient approaches to meeting identified spectrum 
requirements. The heads of agencies shall update their agency plans 
biennially. In addition, the heads of agencies will implement a formal 
process to evaluate their pro-posed needs for spectrum. Such process 
shall include an analysis and assessment of the options available to 
obtain the associated communications services that are most spectrum-
efficient and the effective alternatives available to meet the agency 
mission requirements. Heads of agencies shall provide their

[[Page 2876]]

analysis and assessment to the National Telecommunications and 
Information Administration (NTIA) for review when seeking spectrum 
certification from the NTIA.
    (b) Within 6 months of the date of this memorandum, the Secretary of 
Homeland Security, in coordination with the Secretary of Commerce and, 
as appropriate, the Chairman of the Federal Communications Commission, 
and considering the views of representatives from: (1) the public safety 
community, (2) State, local, tribal, and regional governments; and (3) 
the private sector, shall identify public safety spectrum needs.
    (c) Within 1 year of the date of this memorandum, the Secretary of 
Homeland Security, in consultation with the Secretary of Commerce, the 
Director of the Office of Science and Technology Policy, the Director of 
the Office of Management and Budget, the Attorney General, the 
Secretaries of State, Defense, Transportation, Agriculture, and the 
Interior, the heads of other appropriate agencies, and, as appropriate, 
the Chairman of the Federal Communications Commission, shall develop a 
comprehensive plan, the Spectrum Needs Plan, to address issues related 
to communication spectrum used by the public safety community, as well 
as the continuity of Government operations. The Spectrum Needs Plan 
shall be submitted to the President through the Assistant to the 
President for Homeland Security, in coordination with the Assistant to 
the President for Economic Policy and other relevant components of the 
Executive Office of the President.
    Section 3. Department of Commerce.
    (a) Within 6 months after receiving the agency plans developed in 
section 2(a) of this memorandum, the Secretary of Commerce shall 
integrate the agency plans and Spectrum Needs Plan, based upon a 
Department of Commerce framework, into a Federal Strategic Spectrum Plan 
and shall assist in the formulation of a National Strategic Spectrum 
Plan. The Secretary of Commerce, in consultation with the Chairman of 
the Federal Communications Commission, as appropriate, shall update the 
National Strategic Spectrum Plan on a biennial basis thereafter.
    (b) Within 1 year of the date of this memorandum, the Secretary of 
Commerce, in coordination with other relevant Federal agencies 
identified by the Secretary, shall develop a plan for identifying and 
implementing incentives that promote more efficient and effective use of 
the spectrum while protecting national and homeland security, critical 
infrastructure, and Government services.
    (c) Within 6 months of the date of this memorandum, the Secretary of 
Commerce shall establish a plan for the implementation of all other 
recommendations included in the Reports. Not more than 1 year from the 
date of this memorandum, the Secretary of Commerce shall provide to the 
President a report describing the progress on implementing the 
recommendations in the Reports. The report shall include a section 
prepared by the Secretary of Homeland Security that describes the 
progress made with respect to public safety spectrum issues. This report 
shall be updated on an annual basis, until completion of the actions 
required by this memorandum. The heads of agencies shall provide the 
Secretary of Commerce and the Secretary of Homeland Security with any 
assistance or information required in the preparation of the annual 
report.
    (d) The plans in sections 3(a)-(c) and the annual report developed 
in section 3(c) of this memorandum shall be submitted to the President 
through the Assistant to the President for Economic Policy, in 
coordination with the Assistant to the President for National Security 
Affairs and other relevant components of the Executive Office of the 
President.
    (e) As appropriate, the Secretary of Commerce and heads of other 
agencies shall consult with the Chairman of the Federal Communications 
Commission regarding the implementation of the recommendations in the 
Reports.
    Section 4. General.
    (a) 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.
    (b) 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

[[Page 2877]]

in equity, by a party against the United States, its departments, 
agencies, entities, instrumentalities, its officers or employees, or any 
other person.
    (c) This order shall be implemented in a manner consistent with 
existing statutes, treaties, Executive Agreements, and Executive Orders 
affecting the operation of any of the departments, agencies, or 
instrumentalities of the Federal Government.
                                                George W. Bush

Note: This memorandum was released by the Office of the Press Secretary 
on November 30.