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December 18, 2023
The National Spectrum Strategy for Wireless Technologies:
Priorities, Objectives, and Congressional Considerations
Most wireless technologies and services, including mobile
NTIA’s authority derives from 1978 Executive Order
communications, radionavigation systems, radar systems,
12046, in which the President transferred the federal
satellites, and radio and television broadcasting, rely on a
spectrum authority to the Secretary of Commerce, but
range of radiofrequency spectrum to transmit signals and
reserved the authority to make final disposition of appeals
data. The Communications Act of 1934, as amended,
concerning federal frequency assignments. The Secretary of
assigns authorities for domestic spectrum management to
Commerce then delegated the authority to NTIA, which
the Federal Communications Commission (FCC) for
Congress codified in the Telecommunications
nonfederal spectrum users (47 U.S.C. §303) and the
Authorization Act of 1992 (P.L. 102-538), Title I, Part A
President for federal users (47 U.S.C. §305(a)). In October
(known as the NTIA Organization Act).
2018, President Trump issued a memorandum directing the
Secretary of Commerce, working through the National
Pillar One: Spectrum Pipeline
Telecommunications and Information Administration
The NSS identifies a “spectrum pipeline”—spectrum bands
(NTIA), to develop “a long-term National Spectrum
in different stages of consideration for repurposing—as a
Strategy that includes legislative, regulatory, or other policy
solution to meet the growing demand for spectrum. It
recommendations.” On November 13, 2023, President
defines repurposing as “allowing new or additional uses [of
Biden revoked the 2018 memorandum and issued a new
spectrum] through relocation and/or sharing [of a particular
one, directing the executive branch “to modernize the usage
spectrum band].” The NSS limits consideration to bands
of spectrum,” including the development of a National
currently with federal allocations “for more intensive
Spectrum Strategy (NSS). It further directs the Secretary of
federal or nonfederal use.” The NSS does not examine
Commerce, acting through NTIA, in collaboration with the
bands previously made available by the FCC for nonfederal
FCC and in coordination with other federal agencies, to
use for repurposing.
publish an NSS Implementation Plan by March 12, 2024.
The NSS identifies a total of 2,786 megahertz of spectrum
On November 13, 2023, the Secretary of Commerce
bandwidth in five bands (see Table 1) for in-depth, near-
submitted the NSS to the President. It represents a high-
term study to determine whether they are suitable for
level roadmap for modernizing federal spectrum policy,
repurposing. The NSS notes that such a feasibility study
articulating priorities for spectrum access, use, and
may not ultimately result in repurposing.
management. The NSS describes strategic objectives and
policy priorities under four “pillars.”
Table 1. Summary of Five Bands in the NSS Pipeline
• Pillar One: creating and maintaining a spectrum pipeline
Banda
Current Use
Use Under Study
to meet existing and near-term spectrum needs.
3.1-
Primarily for DOD
Expanded shared
•
3.45b
radar systemsc
federal/nonfederal uses
Pillar Two: establishing a national collaborative
framework that supports long-term spectrum planning.
5.03-
Various shared
Federal and nonfederal
5.091
federal/nonfederal uses
UAS operationsd
• Pillar Three: facilitating research and development
7.125-
Various exclusively
Commercial wireless
(R&D) on spectrum-related technologies, with an
8.4
federal uses
broadband service
emphasis on spectrum sharing.
18.1-
Federal and nonfederal
Expanded satellite
• Pillar Four: preparing a spectrum workforce and
18.6
satellite operationse
operationsf
improving the public’s understanding of spectrum.
37.0-
Various shared
Expanded shared
Federal Spectrum Authorities
37.6
federal/nonfederal uses
federal/nonfederal uses
The NSS reaffirms the statutory roles of the FCC and NTIA
Sources: The National Spectrum Strategy; Federal Government Spectrum
in national spectrum management, stating that its
Use Reports 225 MHz-7.125 GHz; FCC Online Table of Frequency
implementation “must be consistent with, and in no way
Allocations.
limit” the FCC’s “role as an independent agency that is the
Notes:
exclusive regulator of nonfederal spectrum use” or NTIA’s
a. Bands are shown in units of gigahertz (GHz).
“role as the sole agency responsible for authorizing federal
b. For more information, see CRS In Focus IF12350, Repurposing
spectrum use.” The NSS further recognizes the statutory
3.1-3.55 GHz Spectrum: Issues for Congress.
roles and responsibilities of other agencies to carry out
missions that rely on spectrum access.
https://crsreports.congress.gov
The National Spectrum Strategy for Wireless Technologies: Priorities, Objectives, and Congressional Considerations
c. DOD refers to the Department of Defense.
activities.” It calls for federal agencies to assess the need to
d. UAS refers to an unmanned aircraft system.
modify federal career series to retain and attract talent.
e. These are primarily space-to-earth operations.
Federal agencies with science, technology, engineering, and
f.
These would include space-to-space operations.
mathematics (STEM) education programs are to introduce
spectrum in curricula. The NSS prioritizes training and
Pillar Two: Collaborative Framework
recruiting members of underrepresented groups to enhance
The NSS calls for the development of “a new collaborative
workforce diversity.
framework that leverages … existing advisory structures,
identifies new groups that would aid long-term planning,
The NSS directs “spectrum-regulating agencies” to develop
and defines the interactions among them.” Existing
ways to enhance decisionmakers’ understanding of
advisory bodies, such as NTIA’s Interdepartment Radio
spectrum policy, regulation, and management; encourages
Advisory Committee and the newly created Interagency
agencies that rely on spectrum to ensure staff spectrum
Spectrum Advisory Council, would maintain their current
expertise; and directs the federal government to improve
interagency coordination.
public awareness and understanding of spectrum.
The framework, once implemented, is to engage “all
Considerations for Congress
stakeholders”—including those in the public and private
Some policy objectives laid out in the NSS align with
sectors; state, local, and tribal governments; rural, tribal,
existing congressional mandates. For example, Congress
Native, and unserved and underserved communities—in
has directed the Secretary of Commerce, through NTIA, to
national-level spectrum planning to incorporate “future, as
identify and recommend federal spectrum for reallocation
well as near- and mid-term, spectrum needs into the
that the FCC can auction and license to the private sector
decision-making process.” The NSS also calls for the
(47 U.S.C. §923). Congress created the Spectrum
development evidence-based methods that rely on
Relocation Fund (SRF) out of FCC auction proceeds to
“trustworthy” data to support spectrum allocation decisions.
support federal agency identification of potential spectrum
to relocate, plan reallocation activities, and reconfigure
Pillar Three: Technology Development
equipment (47 U.S.C. §928). It is unclear whether agencies
The NSS calls for federal investments and public-private
may use the SRF for general spectrum access and R&D
collaboration on research and development (R&D) of new
activities to comply with NSS Pillar Three guidance.
technologies that can expand the overall capacity or
usability of spectrum, with an emphasis on dynamic
Some Members of Congress have reacted to the NSS. At an
spectrum sharing (DSS). DSS technologies allow users to
NTIA oversight hearing on December 5, 2023, House
share spectrum across frequencies, time, locations, uses,
Energy and Commerce (E&C) Committee Chair Cathy
and networks. A DSS system can adjust spectrum
McMorris Rodgers requested information on agency studies
utilization in real time to prioritize certain users or uses and
regarding the 3.1-3.45 GHz (lower 3 GHz) band for shared
respond to changing circumstances.
use. In the context of spectrum studies highlighted in the
NSS Pillar One, House E&C Ranking Member Frank
To advance spectrum sharing and access, the NSS directs
Pallone stated that these studies “if done responsibly take
the U.S. government to complete a “moonshot” R&D effort
time but minimize disputes.” House E&C Communications
in collaboration with industry within 12-18 months. This
and Technology Subcommittee Ranking Member Doris
includes the establishment of a national DSS testbed to
Matsui said that the NSS should be implemented to ensure
assesses spectrum access technologies through
federal agencies have spectrum tools for their missions
experimentation across a range of possible bands.
while providing commercial spectrum for innovative
services. House Armed Services Committee Chair Mike
The NSS directs agencies to improve spectrum efficiency
Rogers in a statement asserted that any studies stemming
and coexistence. For example, NTIA—in collaboration with
from the NSS, especially those for the lower 3 GHz band,
the FCC, other agencies, and industry—is to explore
must ensure DOD’s mission remains paramount.
modernizing regulations to facilitate DSS, assist agencies to
achieve DSS compatibility, advance spectrum-sharing
Congress may be concerned about whether the NSS
approaches in global standard bodies, and develop a
addresses two long-standing congressional spectrum policy
common spectrum management platform for shared
considerations: support for both federal agency missions
spectrum access. The White House Office of Science and
and private sector activity, and the development of forward-
Technology Policy is to develop a National Spectrum R&D
looking and coordinated federal spectrum policy. If
Plan to identify key areas for coordinated public-private
Congress chooses to codify some actionable items in the
R&D based on stakeholder recommendations.
NSS or add additional directions and priorities through
legislation, possible options could include setting deadlines
Pillar Four: Spectrum Workforce
for any studies of shared use or repurposing of bands
The NSS encourages collaboration among industry
identified in the NSS; identifying additional bands for
stakeholders, academia, and government entities to develop
study; directing agencies to report on spectrum sharing and
a well-trained spectrum workforce. The NSS calls for the
repurposing activities; expanding use of the SRF for
federal government (without identifying which agency) to
spectrum R&D; and directing NTIA and the FCC to adopt
develop and periodically update a National Spectrum
new models or processes to improve interagency spectrum
Workforce Plan for “the full range of operational, technical,
policy coordination.
and policy positions involved in spectrum-related
https://crsreports.congress.gov
The National Spectrum Strategy for Wireless Technologies: Priorities, Objectives, and Congressional Considerations
IF12552
Ling Zhu, Analyst in Telecommunications Policy
Disclaimer
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https://crsreports.congress.gov | IF12552 · VERSION 6 · NEW