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)

[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