For Immediate Release
Office of the Press Secretary
June 5, 2003
Presidential Memo on Spectrum Policy
Memorandum for the Heads of Executive Departments and Agencies
Subject: Spectrum Policy for the 21st Century
Fact Sheet on Spectrum Management
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 tech-nology 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
transporta-tion infrastruc-ture, 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 Governments 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 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 exclu-sively 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 Departments development of a
detailed set of recommen-dations 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.
Partici-pants 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 func-tions of the Task Force.
Each Federal department and agency shall bear its own expense for
partici-pating in the Task Force. To the extent permitted by law and
within existing appropria-tions, the Department of Commerce shall
provide funding and administrative support for the Task Force.
(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
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