Possible Solutions for Interagency Spectrum Infighting

There was some chatter this week in the interagency spectrum regulation conversation — both in the news and among our experts. So it’s an auspicious coincidence we’re checking in on the FrequencyPULSE discussion regarding one of our favorite topics — cooperation between the FCC and NTIA.

How can these two regulatory bodies best avoid a heated controversy on the spectrum playing field, as we’ve seen in recent months? Many of our panelists weighed in — see below.

Wisconsin Timber Rattlers Team Photographer, CC BY-SA 3.0, via Wikimedia Commons

This week’s question: How do you want to see the FCC and NTIA work together on spectrum policy?

Read on for our panelists’ thoughts and sign up to receive the next Frequency Pulse newsletter if you’re not on our list. Or share the link with your network to sign up.

KRISTIAN STOUT, Director of Innovation Policy, International Center for Law & Economics:

I think the news release they issued jointly in February lays out a good course. If I were setting the agenda, one priority I would want to see is urging the NTIA to continue working to find places where existing federal uses of spectrum are inefficient and can be redeployed more efficiently. This would naturally lead to freeing up more spectrum for a broader array of uses.

DEBORAH COLLIER, Vice President of Policy and Government Affairs, Citizens Against Government Waste:

​​The Spectrum Coordination Initiative should enable the FCC and NTIA to hold discussions about spectrum use prior to FCC auctions rather than after the fact. The FCC is the expert agency on spectrum use and the NTIA has a strong role in ensuring federal agencies are appropriately using the spectrum they have under their jurisdiction. The initiative should be spread to other agencies so that there is improved Inter-agency coordination on spectrum use across the entire federal government.

JONATHAN CANNON, Resident Fellow Tech & Innovation, R Street Institute:

Having a single agency to manage commercial spectrum will avoid duplicative regulations and push back against interagency strife. NTIA can follow FCC’s guidance and utilize FCC’s knowledge, resources and engineers to support advocating spectrum policy to other agencies. Having one agency be the leading voice avoids confusion and prevents interagency disputes.

KATHLEEN BURKE, Policy Counsel, Public Knowledge:

The FCC and the NTIA have demonstrated under the new leadership of those agencies a real effort to reinvigorate the interagency process. The recent spectrum coordination agreement between the two agencies will help restore confidence in the interagency coordination process. But, federal agencies also need to embrace the framework Congress established for spectrum management. The NTIA should facilitate coordinating the spectrum needs of federal agencies with the FCC through its processes and coordinate opportunities for increasing commercial spectrum access to currently held federal spectrum. Federal agencies must handle their issues within the NTIA process, not through advocacy that does not respect that process. The FCC, in turn, is the agency that has ultimate authority over commercial spectrum decisions, a task that is challenging without the cooperation of other spectrum stakeholders. 

CHRISTOPHER SZYMANSKI, Director, Product Marketing | Technology Strategy, Broadcom Inc.:

The FCC and NTIA should work together to look for additional sharing opportunities of the federal airwaves. In particular, looking at whether the rules created for the 6 GHz band could enable sharing opportunities in the 7 GHz band.

JEFFREY WESTLING, Director of Tech & Innovation, American Action Forum: 

The real crux of the issue between the FCC and the NTIA is that no party likes having their operating rights diminished or intruded upon, so as incumbents must make room for new services, the tensions that should be resolved through the agency processes get out to the public at large. This is compounded when the incumbent is a government agency, meaning the FCC doesn’t have jurisdiction to regulate its operations. Hopefully, improved coordination between the two will better account for all the interests involved so that when a decision is made, the debate doesn’t extend beyond the two agencies.

RYAN JOHNSTON, Policy Counsel, Federal Programs, Next Century Cities:

Collaboration on spectrum policy is essential and will become even more critical as more technologies require access to the airwaves. Historically, the NTIA has investigated what spectrum could be repurposed while the FCC sets usage rules and manages auctions. This type of collaboration allows the NTIA to work with the agencies within the White House to determine which spectrum is the best to repurpose and when. The FCC can be a key partner by highlighting private sector needs. A collaborative approach to promoting spectrum can help avoid communications obstacles like those related to 5G and the C-Band.

MICHAEL CALABRESE, Director, Wireless Future Project, New America:

The most valuable and underutilized mid-band spectrum is currently assigned to federal agencies, especially the military. NTIA and the FCC should set out a joint agenda to unlock the potential of these bands, starting with the lower 3 GHz and 7 GHz bands. We need to return to the policy articulated by President Obama, which is that sharing federal spectrum is the “new normal.” Military, FAA and other federal uses of spectrum must be protected from harmful interference; but at the same time, NTIA and the agencies it represents must proactively promote spectrum sharing to benefit consumers and the economy.

 

We always welcome input: tweet us or email us to join this conversation. We’ll even feature your thoughtful submissions right here in a future piece.

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