SpectrumTalk

The independent blog on spectrum policy issues
that welcomes your input on the key policy issues of the day.

Our focus is the relationship between spectrum policy
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2 Unsual Places Ask for Comments on US Spectrum Policy

Those of us who deal with spectrum policy are used to requests for comments from FCC and occasionally from NTIA, but in the past month there have been requests for comments from 2 unusual players: the White House Office of Science and Technology Policy and the House Energy and Commerce Committee. (While we all know the format for filing at FCC and assume that is the same format for NTIA, the appropriate format for these new destinations is not as clear. The OSTP comment date is now closed and it is clear that even “the big boys” were unclear what format to use. However, while courts might be fussy about format details, it is doubtful that that matters here. Whether your standing on the Fortune 500 list matters, is a different question…)


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The OSTP request was published in February in the Federal Register and announced on the OSTP website on February 14, 2014 in a blog post by Tom Power, U.S. Deputy Chief Technology Officer for Telecommunications. Also released at the same time was a report by the IDA Science and Technology Policy Institute (a “think tank dedicated to OSTP operated by your blogger’s former employer - many years ago - IDA) entitled “A Review of Approaches to Sharing or Relinquishing Agency-Assigned Spectrum”. The request comes from the White House “Spectrum Policy Team”, a sort of virtual recreation of the spectrum functions of the old White House Office of Telecommunications Policy was recommended in the 7/12 PCAST spectrum policy. The team was created by the Presidential Memorandum of 6/14/13 and consists of

“The Chief Technology Officer and the Director of the National Economic Council, or their designees, shall co-chair a Spectrum Policy Team that shall include representatives from the Office of Management and Budget (OMB), the National Security Staff, and the Council of Economic Advisers. The Spectrum Policy Team shall work with NTIA to implement this memorandum. The Spectrum Policy Team may invite the FCC to provide advice and assistance.”

The 6/14/13 memorandum told the team to “monitor and support advances in spectrum sharing policies and technologies” and told NTIA to “consult” with the team on various details of implementing the memorandum. Readers may recall that at the time of the memorandum, this blog speculated that the team might be the “adult supervision” that NTIA and IRAC have long needed (in our view) to bring federal agency spectrum policy more inline with national goals. (Up until 1978 spectrum policy oversight was based in the White House and the White House staff served as a check on whether IRAC actions really served national goals. With the creation of NTIA in 1978, the head of NTIA - an assistant secretary of Commerce - lacked the “clout” and direct access to key White House staff to reliably keep agencies in line if they became parochial.)

The IDA report addresses “nine major approaches to providing incentives to Federal agencies to share or relinquish assigned spectrum”. Six of these are market-based approaches, e.g. spectrum fees or agency property rights, while the last three are directed reallocation and sharing approaches. The following chart summarizes the options:

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The comment date on this request has now passed and the the comments are now available here. (Due to a clerical error, when this is being posted CTIA’s comments are missing from the consolidated .pdf file this links to. OSTP is aware and working to correct this.) Basically all the comments favor the economic approaches except for Lockheed Martin, a card carrying member of the military industrial complex, who says user fees are bad idea and prefer a “Spectrum Innovation Fund for federal users and says that “incentives to share spectrum must promote the employment of innovative technologies by federal agencies”.


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The House Energy & Commerce Committee, presumably the Republican majority given our dysfunctional Congress, released on 4/1/14 a white paper on spectrum policy. The Committee seeks comments saying,“(w)hile the questions posed in this white paper address specific spectrum issues, the committee encourages interested parties to comment on any aspect of spectrum policy. Responses should be submitted to CommActUpdate@mail.house.gov by April 25, 2014.” They are also using the Twitter hashtag #CommActUpdate to stimulate discussion. The white paper deals with 10 basic areas, most with 1-2 questions. Some overlap with the OSTP document, for example “What should be done to encourage efficient use of spectrum by government users?”

The IDA report and OSTP makes interesting reading and are strongly recommended. The House committee questions also are thought provoking. We hope readers will comment on them.
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