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Transcript of Results of Presidents Spectrum Policy Initiative International Civil Aviation Organization Regional...
Results of President’s Spectrum Policy Initiative
International Civil Aviation OrganizationRegional Preparatory Group (RPG) Meeting for World
Radiocommunication Conference 2007 (WRC-2007), ACP Working Group B and F and NSP SSG Meetings.
Bangkok, Thailand, 21-25 February 2005.
James J. MillerDOT Office of the Secretary
ICAO ACP – Feb. 17 – 25, 20052
MISSION AND GOALS
Presidential Memo on Spectrum Policy Memorandum for the Heads of Executive Departments and AgenciesSubject: Spectrum Policy for the 21st Century
For Immediate ReleaseOffice of the Press
Secretary
June 5, 2003
The Initiative shall undertake a comprehensive review of spectrum management policies 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.
ICAO ACP – Feb. 17 – 25, 20053
MISSION AND GOALS (Cont.)
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.
ICAO ACP – Feb. 17 – 25, 20054
SPECTRUM REFORM NEEDED
PROBLEMS:
United States General Accounting Office (GAO)
TELECOMMUNICATIONS (January 2003) Comprehensive Review of U.S. Spectrum Management with Broad Stakeholder Involvement Is Needed
TELECOMMUNICATIONS (September 2002) Better Coordination and Enhanced Accountability Needed to Improve Spectrum Management
“Existing legal and policy framework for spectrum management has not kept pace with the dramatic changes in technology and spectrum use.”
Future Challenges: Achieving A Balance Between Spectrum Efficiency Vs. Spectrum Effectiveness
ICAO ACP – Feb. 17 – 25, 20055
SPECTRUM DEFINED
The “Invisible Infrastructure”
A “Public Good” that needs to be Protected
A Critical Enabler of all things Radio
A finite resource generating urgent demand
Spectrum – What is it and Why does DOT Care?
$ Prime “Beach Front” Property
!
$ 21ST Century Gold!
RADIO FREQUENCY SPECTRUM IS THE CRITICAL ENABLER FOR
BASIC CNS/ATM SERVICES
ICAO ACP – Feb. 17 – 25, 20056
SPECTRUM ENCROACHMENT Harmful interference to safety-of-life signals
forces constraints on critical operations
Spectrum encroachment could force costly upgrades to current user and service provider equipment
Limits infrastructure and equipage options
Reduces ROI for legacy systems
Complicates future certification processes
Rise of electromagnetic “Noise Floor” could prevent some CNS/ATM applications from maturing
GPS precision approach and landing, etc.,
ICAO ACP – Feb. 17 – 25, 20057
DOT MISSION REQUIREMENTS
As a matter of U.S. national policy and law, radionavigation services DOT provides are protected from interference and disruption as vital national assets for both civil and military use.
Presidential Decision Directive (PDD) announcing comprehensive national policy on GPS (NSTC-6 on March 29, 1996).
National Defense Authorization Act, Pub. L. No. 105-85, § 2281, 111 Stat. 1910 (1997) (“PL 105-85”).
Commercial Space Act of 1998, Pub. L. 105-303, § 104(b), 112 Stat. 2852 (1998).
Department of Defense Appropriation Act, Pub. L. No. 105-262, § 8137, 112 Stat. 2337 (1999) (“PL 105-262”).
ICAO ACP – Feb. 17 – 25, 20058
1996 TELECOM ACT
FCC is charged with facilitating the introduction of new telecommunications technologies
Some parties have interpreted this as shifting the burden of proof from new radio band entrants to established users, providing no express exemption to those who provide public safety, national security, or other such critical public services.[1]
[1] SEC. 7 [47 U.S.C. 157] NEW TECHNOLOGIES AND SERVICES: (a) Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this Act shall have the burden to demonstrate that such proposal is inconsistent with the public interest.
ICAO ACP – Feb. 17 – 25, 20059
TWO SEPARATE, BUT VITAL NATIONAL AGENDAS...
DOT is a U.S. Safety Regulator, responsible for ensuring that transportation modes are secure
“The Department’s top priorities are to keep the traveling public safe, increase their mobility, and ensure that our transportation system enables the Nation’s economic growth and development.”
FCC is a Market Regulator, responsible for managing private sector, state, and local air waves
“Our mission is to manage the spectrum and provide leadership to create new opportunities for competitive technologies and services for the American public.”
ICAO ACP – Feb. 17 – 25, 200510
NATIONAL SPECTRUM MANAGEMENT
THE PRESIDENT
COMMUNICATIONS ACT OF 1934
Non-Federal Users
FCC
INTERDEPARTMENT RADIO ADVISORY COMMITTEE (IRAC)
Chaired by NTIA20 Federal Agencies Represented
ADVISOR LIAISON
THE CONGRESS
COORDINATION
Federal Users
NTIA
National DefenseLaw Enforce & SecurityTransportationResource Mgmt. & ControlEmergenciesSpace Science/ResearchOther Services
BusinessState & Local Government - Fire, Police, etc.,.EntertainmentCommercialPrivate
ICAO ACP – Feb. 17 – 25, 200511
SPECTRUM POLICY TASK FORCE
Chaired by Deputy Secretary of Commerce
Agriculture Homeland Security Commerce Transportation Defense Treasury Energy NASA State Office of Management and Budget Justice Office of Project SAFECOM Interior Office of Science & Technology Policy
Department of Transportation Team
Spectrum Task Force: Jeff Shane, Under Secretary for Policy Spectrum Work Group: Tyler Duvall, Deputy Asst. Secretary Issue Groups: James Miller, Oscar Alvarez/FAA
ICAO ACP – Feb. 17 – 25, 200512
DELIVERABLES
http://www.ntia.doc.gov
ICAO ACP – Feb. 17 – 25, 200513
RECOMMENDATIONS 13 - 15
Meet Critical Spectrum Needs:
National Security, Homeland Security, Public Safety, Federal Transportation
Infrastructure, and Science
ICAO ACP – Feb. 17 – 25, 200514
No. 13 Policy and Plans Steering Group (PPSG)
To formalize the coordination process and to ensure that national security, homeland security, public safety, federal transportation infrastructure, scientific research, and economic opportunity are taken fully into consideration, the Assistant Secretary for Communications and Information should establish a Policy and Plans Steering Group (PPSG).
The PPSG would provide advice to the Assistant Secretary on spectrum-dependent telecommunication policies, strategic plans, planned or revised positions on spectrum issues nationally and internationally, and help resolve major contentious spectrum policy issues that affect the use of spectrum by federal and non-federal users.
ICAO ACP – Feb. 17 – 25, 200515
No. 14 Policy Coordinating Committee (PCC)
As needed, the existing Policy Coordinating Committee (PCC) of the White House should be used to address spectrum-based radiocommunication issues that have not been resolved by the PPSG. Such issues would include only those having a potentially significant impact on national security, homeland security, public safety, federal transportation infrastructure, scientific research, or economic opportunity.
Further, NTIA should work with the FCC to revise Section IV (3) of their Memorandum of Understanding to append the following sentence, “For cases in which a White House Policy Coordinating Committee is convened, the Commission shall provide an additional minimum 15 business days for White House review.”
ICAO ACP – Feb. 17 – 25, 200516
No. 15 Formalization of the Arrangement With the FCC Defense Commissioner
The Assistant Secretary for Communications and Information should work closely with the FCC’s Defense Commissioner to ensure that the concerns of the agencies affected by national security, homeland security, public safety, and federal transportation infrastructure issues are considered fully in the course of NTIA and FCC proceedings.
Further, this arrangement should be formalized by modifying the provisions of 47 C.F.R. § 0.181 to include the coordination of public safety activities as well as “national security, homeland security, and federal transportation infrastructure activities” as being within the purview of the Defense Commissioner.
ICAO ACP – Feb. 17 – 25, 200517
CONCLUSIONS DOT firmly supports spectrum innovation and creativity, while
our first priority is to maintain a safe and effective infrastructure for the traveling public
U.S. spectrum positions and regulatory actions continually strive to reflect a sensible balance between national security, public safety, and economic growth
Consensus Recommendations of the President’s Spectrum Policy Initiative will improve U.S. spectrum management, coordination, transparency, and accountability in national and international forums
ICAO ACP – Feb. 17 – 25, 200518
POINT OF CONTACT INFO.
James J. Miller, Deputy DirectorU.S. Department of Transportation, Office of the
SecretaryNavigation & Spectrum Policy, Nassif Bldg., Rm.
10223E400 Seventh Street, S.W., Washington, D.C. 20590
Wk: (202) 366-5918Fx: (202) 366-3895E-mail: [email protected]