83_FR_54723 83 FR 54513 - Developing a Sustainable Spectrum Strategy for America's Future

83 FR 54513 - Developing a Sustainable Spectrum Strategy for America's Future

Executive Office of the President

Federal Register Volume 83, Issue 210 (October 30, 2018)

Page Range54513-54516
FR Document2018-23839

Federal Register, Volume 83 Issue 210 (Tuesday, October 30, 2018)
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Presidential Documents]
[Pages 54513-54516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23839]




                        Presidential Documents 



Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 54513]]

                Memorandum of October 25, 2018

                
Developing a Sustainable Spectrum Strategy for 
                America's Future

                Memorandum for the Heads of Executive Departments and 
                Agencies

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of the United 
                States to use radiofrequency spectrum (spectrum) as 
                efficiently and effectively as possible to help meet 
                our economic, national security, science, safety, and 
                other Federal mission goals now and in the future. To 
                best achieve this policy, the Nation requires a 
                balanced, forward-looking, flexible, and sustainable 
                approach to spectrum management.

                The growth in the availability of mobile wireless 
                broadband connectivity over the past decade has 
                reshaped the American experience--the way Americans 
                work, learn, shop, run businesses, transport their 
                families and goods across the Nation, farm, conduct 
                financial transactions, consume entertainment, deliver 
                and receive public safety services, and interact with 
                one another. In the growing digital economy, wireless 
                technologies expand opportunities to increase economic 
                output of rural communities and connect them with urban 
                markets, and offer safety benefits that save lives, 
                prevent injuries, and reduce the cost of transportation 
                incidents. American companies and institutions rely 
                heavily on high-speed wireless connections, with 
                increasing demands on both speed and capacity. Wireless 
                technologies are helping to bring broadband to rural, 
                unserved, and underserved parts of America. Spectrum-
                dependent systems also are indispensable to the 
                performance of many important United States Government 
                missions. And as a Nation, our dependence on these 
                airwaves is likely to continue to grow.

                As the National Security Strategy of 2017 made clear, 
                access to spectrum is a critical component of the 
                technological capabilities that enable economic 
                activity and protect national security. Wireless 
                communications and associated data applications 
                establish a foundation for high-wage jobs and national 
                prosperity. While American industry continues to 
                extract greater and greater value from spectrum, each 
                technological leap also increases demands on its usage. 
                Those demands have never been greater than today, with 
                the advent of autonomous vehicles and precision 
                agriculture, the expansion of commercial space 
                operations, and the burgeoning Internet of Things 
                signaling a nearly insatiable demand for spectrum 
                access. Moreover, it is imperative that America be 
                first in fifth-generation (5G) wireless technologies--
                wireless technologies capable of meeting the high-
                capacity, low-latency, and high-speed requirements that 
                can unleash innovation broadly across diverse sectors 
                of the economy and the public sector. Flexible, 
                predictable spectrum access by the United States 
                Government will help ensure that Federal users can meet 
                current and future mission requirements for a broad 
                range of both communications- and non-communications-
                based systems.

                The Nation can and will ensure security and safety 
                through modern technology. America's national security 
                depends on technological excellence and the United 
                States Government must continue to have access to the 
                spectrum resources needed to serve the national 
                interest, from protecting the homeland and managing the 
                national airspace, to forecasting severe weather and 
                exploring the frontiers of space. Technological 
                innovation in

[[Page 54514]]

                spectrum usage, moreover, occurs in both the private 
                and public sectors. Federal agencies must thoughtfully 
                consider whether and how their spectrum-dependent 
                mission needs might be met more efficiently and 
                effectively, including through new technology and 
                ingenuity. The United States Government shall continue 
                to look for additional opportunities to share spectrum 
                among Federal and non-Federal entities. The United 
                States Government shall also continue to encourage 
                investment and adoption by Federal agencies of 
                commercial, dual-use, or other advanced technologies 
                that meet mission requirements, including 5G 
                technologies. In doing so, we will take appropriate 
                measures to sustain the radiofrequency environment in 
                which critical United States infrastructure and space 
                systems operate.

                Sec. 2. Advancing the National Spectrum Strategy. 
                Within 180 days of the date of this memorandum, and 
                concurrent with development of the National Spectrum 
                Strategy referred to in section 4 of this memorandum:

                    (a) Executive departments and agencies (agencies) 
                shall report to the Secretary of Commerce (Secretary), 
                working through the National Telecommunications and 
                Information Administration (NTIA), on their anticipated 
                future spectrum requirements for a time period and in a 
                format specified by the Secretary. Additionally, 
                agencies shall initiate a review of their current 
                frequency assignments and quantification of their 
                spectrum usage in accordance with guidance to be 
                provided by the Secretary. Reporting of information 
                under this section shall be subject to existing 
                safeguards protecting classified, sensitive, and 
                proprietary data. The Secretary may release publicly a 
                summary of information provided by agencies, to the 
                extent consistent with applicable law.
                    (b) The Director of the Office of Science and 
                Technology Policy (OSTP), or the Director's designee, 
                shall submit a report to the President on emerging 
                technologies and their expected impact on non-Federal 
                spectrum demand.
                    (c) The Director of OSTP, or the Director's 
                designee, shall submit a report to the President on 
                recommendations for research and development priorities 
                that advance spectrum access and efficiency.

                Sec. 3. Within 180 days of the date of this memorandum, 
                and annually thereafter, the Secretary, working through 
                the NTIA, and in coordination with the Office of 
                Management and Budget (OMB), OSTP, and the Federal 
                Communications Commission (FCC), shall submit to the 
                President, through the Director of the National 
                Economic Council and the Assistant to the President for 
                National Security Affairs, a report (to be made public 
                to the extent practicable and consistent with 
                applicable law) on the status of existing efforts and 
                planned near- to mid-term spectrum repurposing 
                initiatives.

                Sec. 4. Within 270 days of the date of this memorandum, 
                the Secretary, working through the NTIA, and in 
                consultation with OMB, OSTP, and the FCC, and other 
                Federal entities, as appropriate, shall submit to the 
                President, through the Director of the National 
                Economic Council and the Assistant to the President for 
                National Security Affairs, a long-term National 
                Spectrum Strategy that includes legislative, 
                regulatory, or other policy recommendations to:

                    (a) increase spectrum access for all users, 
                including on a shared basis, through transparency of 
                spectrum use and improved cooperation and collaboration 
                between Federal and non-Federal spectrum stakeholders;
                    (b) create flexible models for spectrum management, 
                including standards, incentives, and enforcement 
                mechanisms that promote efficient and effective 
                spectrum use, including flexible-use spectrum licenses, 
                while accounting for critical safety and security 
                concerns;
                    (c) use ongoing research, development, testing, and 
                evaluation to develop advanced technologies, innovative 
                spectrum-utilization methods, and spectrum-sharing 
                tools and techniques that increase spectrum access, 
                efficiency, and effectiveness;

[[Page 54515]]

                    (d) build a secure, automated capability to 
                facilitate assessments of spectrum use and expedite 
                coordination of shared access among Federal and non-
                Federal spectrum stakeholders; and
                    (e) improve the global competitiveness of United 
                States terrestrial and space-related industries and 
                augment the mission capabilities of Federal entities 
                through spectrum policies, domestic regulations, and 
                leadership in international forums.

                Sec. 5. Spectrum Strategy Task Force. The Chief 
                Technology Officer and the Director of the National 
                Economic Council, or their designees, shall co-chair a 
                Spectrum Strategy Task Force that shall include 
                representatives from OMB, OSTP, the National Security 
                Council, the National Space Council, and the Council of 
                Economic Advisers. The Spectrum Strategy Task Force 
                shall work with the Secretary and the NTIA in 
                coordinating implementation of this memorandum. In 
                carrying out its coordination functions, the Spectrum 
                Strategy Task Force shall consult with the FCC.

                Sec. 6. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) Nothing in this memorandum shall be construed 
                to require the disclosure of classified information, 
                law enforcement sensitive information, proprietary 
                information, or other information that must be 
                protected as required by law or in the interests of 
                national security or public safety.
                    (c) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (d) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (e) The Presidential Memoranda of June 28, 2010 
                (Unleashing the Wireless Broadband Revolution) and June 
                14, 2013 (Expanding America's Leadership in Wireless 
                Innovation) are hereby revoked.

[[Page 54516]]

                    (f) The Secretary is authorized and directed to 
                publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, October 25, 2018

[FR Doc. 2018-23839
Filed 10-29-18; 8:45 am]
Billing code 3510-07-P



                                                                                                                                                                                54513

                                                Federal Register                                    Presidential Documents
                                                Vol. 83, No. 210

                                                Tuesday, October 30, 2018



                                                Title 3—                                            Memorandum of October 25, 2018

                                                The President                                       Developing a Sustainable Spectrum Strategy for America’s
                                                                                                    Future

                                                                                                    Memorandum for the Heads of Executive Departments and Agencies

                                                                                                    By the authority vested in me as President by the Constitution and the
                                                                                                    laws of the United States of America, it is hereby ordered as follows:
                                                                                                    Section 1. Policy. It is the policy of the United States to use radiofrequency
                                                                                                    spectrum (spectrum) as efficiently and effectively as possible to help meet
                                                                                                    our economic, national security, science, safety, and other Federal mission
                                                                                                    goals now and in the future. To best achieve this policy, the Nation requires
                                                                                                    a balanced, forward-looking, flexible, and sustainable approach to spectrum
                                                                                                    management.
                                                                                                    The growth in the availability of mobile wireless broadband connectivity
                                                                                                    over the past decade has reshaped the American experience—the way Ameri-
                                                                                                    cans work, learn, shop, run businesses, transport their families and goods
                                                                                                    across the Nation, farm, conduct financial transactions, consume entertain-
                                                                                                    ment, deliver and receive public safety services, and interact with one an-
                                                                                                    other. In the growing digital economy, wireless technologies expand opportu-
                                                                                                    nities to increase economic output of rural communities and connect them
                                                                                                    with urban markets, and offer safety benefits that save lives, prevent injuries,
                                                                                                    and reduce the cost of transportation incidents. American companies and
                                                                                                    institutions rely heavily on high-speed wireless connections, with increasing
                                                                                                    demands on both speed and capacity. Wireless technologies are helping
                                                                                                    to bring broadband to rural, unserved, and underserved parts of America.
                                                                                                    Spectrum-dependent systems also are indispensable to the performance of
                                                                                                    many important United States Government missions. And as a Nation, our
                                                                                                    dependence on these airwaves is likely to continue to grow.
                                                                                                    As the National Security Strategy of 2017 made clear, access to spectrum
                                                                                                    is a critical component of the technological capabilities that enable economic
                                                                                                    activity and protect national security. Wireless communications and associ-
                                                                                                    ated data applications establish a foundation for high-wage jobs and national
                                                                                                    prosperity. While American industry continues to extract greater and greater
                                                                                                    value from spectrum, each technological leap also increases demands on
                                                                                                    its usage. Those demands have never been greater than today, with the
                                                                                                    advent of autonomous vehicles and precision agriculture, the expansion
                                                                                                    of commercial space operations, and the burgeoning Internet of Things sig-
                                                                                                    naling a nearly insatiable demand for spectrum access. Moreover, it is impera-
                                                                                                    tive that America be first in fifth-generation (5G) wireless technologies—
                                                                                                    wireless technologies capable of meeting the high-capacity, low-latency, and
                                                                                                    high-speed requirements that can unleash innovation broadly across diverse
                                                                                                    sectors of the economy and the public sector. Flexible, predictable spectrum
                                                                                                    access by the United States Government will help ensure that Federal users
                                                                                                    can meet current and future mission requirements for a broad range of
rmajette on DSKBCKNHB2PROD with PRESDOCS




                                                                                                    both communications- and non-communications-based systems.
                                                                                                    The Nation can and will ensure security and safety through modern tech-
                                                                                                    nology. America’s national security depends on technological excellence
                                                                                                    and the United States Government must continue to have access to the
                                                                                                    spectrum resources needed to serve the national interest, from protecting
                                                                                                    the homeland and managing the national airspace, to forecasting severe
                                                                                                    weather and exploring the frontiers of space. Technological innovation in


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                                                54514             Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Presidential Documents

                                                                                                    spectrum usage, moreover, occurs in both the private and public sectors.
                                                                                                    Federal agencies must thoughtfully consider whether and how their spec-
                                                                                                    trum-dependent mission needs might be met more efficiently and effectively,
                                                                                                    including through new technology and ingenuity. The United States Govern-
                                                                                                    ment shall continue to look for additional opportunities to share spectrum
                                                                                                    among Federal and non-Federal entities. The United States Government
                                                                                                    shall also continue to encourage investment and adoption by Federal agencies
                                                                                                    of commercial, dual-use, or other advanced technologies that meet mission
                                                                                                    requirements, including 5G technologies. In doing so, we will take appro-
                                                                                                    priate measures to sustain the radiofrequency environment in which critical
                                                                                                    United States infrastructure and space systems operate.
                                                                                                    Sec. 2. Advancing the National Spectrum Strategy. Within 180 days of
                                                                                                    the date of this memorandum, and concurrent with development of the
                                                                                                    National Spectrum Strategy referred to in section 4 of this memorandum:
                                                                                                       (a) Executive departments and agencies (agencies) shall report to the Sec-
                                                                                                    retary of Commerce (Secretary), working through the National Telecommuni-
                                                                                                    cations and Information Administration (NTIA), on their anticipated future
                                                                                                    spectrum requirements for a time period and in a format specified by the
                                                                                                    Secretary. Additionally, agencies shall initiate a review of their current
                                                                                                    frequency assignments and quantification of their spectrum usage in accord-
                                                                                                    ance with guidance to be provided by the Secretary. Reporting of information
                                                                                                    under this section shall be subject to existing safeguards protecting classified,
                                                                                                    sensitive, and proprietary data. The Secretary may release publicly a summary
                                                                                                    of information provided by agencies, to the extent consistent with applicable
                                                                                                    law.
                                                                                                      (b) The Director of the Office of Science and Technology Policy (OSTP),
                                                                                                    or the Director’s designee, shall submit a report to the President on emerging
                                                                                                    technologies and their expected impact on non-Federal spectrum demand.
                                                                                                      (c) The Director of OSTP, or the Director’s designee, shall submit a report
                                                                                                    to the President on recommendations for research and development priorities
                                                                                                    that advance spectrum access and efficiency.
                                                                                                    Sec. 3. Within 180 days of the date of this memorandum, and annually
                                                                                                    thereafter, the Secretary, working through the NTIA, and in coordination
                                                                                                    with the Office of Management and Budget (OMB), OSTP, and the Federal
                                                                                                    Communications Commission (FCC), shall submit to the President, through
                                                                                                    the Director of the National Economic Council and the Assistant to the
                                                                                                    President for National Security Affairs, a report (to be made public to the
                                                                                                    extent practicable and consistent with applicable law) on the status of existing
                                                                                                    efforts and planned near- to mid-term spectrum repurposing initiatives.
                                                                                                    Sec. 4. Within 270 days of the date of this memorandum, the Secretary,
                                                                                                    working through the NTIA, and in consultation with OMB, OSTP, and
                                                                                                    the FCC, and other Federal entities, as appropriate, shall submit to the
                                                                                                    President, through the Director of the National Economic Council and the
                                                                                                    Assistant to the President for National Security Affairs, a long-term National
                                                                                                    Spectrum Strategy that includes legislative, regulatory, or other policy rec-
                                                                                                    ommendations to:
                                                                                                      (a) increase spectrum access for all users, including on a shared basis,
                                                                                                    through transparency of spectrum use and improved cooperation and collabo-
                                                                                                    ration between Federal and non-Federal spectrum stakeholders;
                                                                                                      (b) create flexible models for spectrum management, including standards,
                                                                                                    incentives, and enforcement mechanisms that promote efficient and effective
rmajette on DSKBCKNHB2PROD with PRESDOCS




                                                                                                    spectrum use, including flexible-use spectrum licenses, while accounting
                                                                                                    for critical safety and security concerns;
                                                                                                      (c) use ongoing research, development, testing, and evaluation to develop
                                                                                                    advanced technologies, innovative spectrum-utilization methods, and spec-
                                                                                                    trum-sharing tools and techniques that increase spectrum access, efficiency,
                                                                                                    and effectiveness;


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                                                                  Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Presidential Documents                      54515

                                                                                                      (d) build a secure, automated capability to facilitate assessments of spec-
                                                                                                    trum use and expedite coordination of shared access among Federal and
                                                                                                    non-Federal spectrum stakeholders; and
                                                                                                       (e) improve the global competitiveness of United States terrestrial and
                                                                                                    space-related industries and augment the mission capabilities of Federal
                                                                                                    entities through spectrum policies, domestic regulations, and leadership in
                                                                                                    international forums.
                                                                                                    Sec. 5. Spectrum Strategy Task Force. The Chief Technology Officer and
                                                                                                    the Director of the National Economic Council, or their designees, shall
                                                                                                    co-chair a Spectrum Strategy Task Force that shall include representatives
                                                                                                    from OMB, OSTP, the National Security Council, the National Space Council,
                                                                                                    and the Council of Economic Advisers. The Spectrum Strategy Task Force
                                                                                                    shall work with the Secretary and the NTIA in coordinating implementation
                                                                                                    of this memorandum. In carrying out its coordination functions, the Spectrum
                                                                                                    Strategy Task Force shall consult with the FCC.
                                                                                                    Sec. 6. General Provisions. (a) Nothing in this memorandum shall be con-
                                                                                                    strued to impair or otherwise affect:
                                                                                                       (i) the authority granted by law to an executive department or agency,
                                                                                                       or the head thereof; or
                                                                                                      (ii) the functions of the Director of OMB relating to budgetary, administra-
                                                                                                      tive, or legislative proposals.
                                                                                                      (b) Nothing in this memorandum shall be construed to require the disclo-
                                                                                                    sure of classified information, law enforcement sensitive information, propri-
                                                                                                    etary information, or other information that must be protected as required
                                                                                                    by law or in the interests of national security or public safety.
                                                                                                      (c) This memorandum shall be implemented consistent with applicable
                                                                                                    law and subject to the availability of appropriations.
                                                                                                       (d) This memorandum is not intended to, and does not, create any right
                                                                                                    or benefit, substantive or procedural, enforceable at law or in equity by
                                                                                                    any party against the United States, its departments, agencies, or entities,
                                                                                                    its officers, employees, or agents, or any other person.
                                                                                                      (e) The Presidential Memoranda of June 28, 2010 (Unleashing the Wireless
                                                                                                    Broadband Revolution) and June 14, 2013 (Expanding America’s Leadership
                                                                                                    in Wireless Innovation) are hereby revoked.
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                                                54516             Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Presidential Documents

                                                                                                      (f) The Secretary is authorized and directed to publish this memorandum
                                                                                                    in the Federal Register.




                                                                                                    THE WHITE HOUSE,
                                                                                                    Washington, October 25, 2018


                                                [FR Doc. 2018–23839
                                                Filed 10–29–18; 8:45 am]
                                                Billing code 3510–07–P
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                                                                                                                                                                                Trump.EPS</GPH>




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Document Created: 2018-10-30 00:43:43
Document Modified: 2018-10-30 00:43:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionPresidential Documents
FR Citation83 FR 54513 

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