The use of wireless spectrum is often determined by the Federal Communications Commission (FCC), which generally implements rules regarding spectrum use through notice and comment rulemaking proceedings. In 2024, however, major U.S. government action led by agencies other than the FCC may affect national spectrum policy for the remainder of the decade.

Earlier this week, the National Telecommunications and Information Agency (NTIA) released the Biden administration's Implementation Plan for an updated National Spectrum Strategy. The strategy focuses on various projects that would support federal agency spectrum needs for a number of technologies, including space and drone operations.

It also has specific study plans for five frequency bands that could be repurposed for commercial use in the short term, meaning within the next three to five years. While NTIA asserts that "the plan charts a course for sustained U.S. leadership in advanced wireless technologies and services," in the short term the focus is on finding additional spectrum resources for commercial IMT technologies (i.e., cellular, IoT, 5G).

NTIA proposes studies of the following frequency bands:

• 3.1-3.45 GHz: A federal spectrum study group/working group will begin this month (March 2024) with the goal of releasing a final report on potential commercial access to the band by October 2026
• 5030-5091 MHz: A federal spectrum study group/working group will begin next year (March 2025) with the goal of releasing a final report on potential commercial access to the band by March 2026
• 7.125-8.4 GHz: A federal spectrum study group/working group will begin this month (March 2024) with the goal of releasing a final report on potential commercial access to the band by October 2026
• 18.1-18.6 GHz: A federal spectrum study group/working group will begin shortly (May 2024) with the goal of releasing a final report by May 2025
• 37.0-37.6 GHz: A federal spectrum study group/working group will begin this month (March 2024) with the goal of releasing a final report by November 2024

The upcoming presidential election may affect the timing or even the completion of these studies. A change in administration, or even in NTIA staffing if President Biden is reelected, may cause a change in the direction or the focus of spectrum policy work.

Additionally, any potential spectrum repurposing may require Congress to provide funding to move federal users, such as to purchase new equipment for operations on new bands. However, career staff unaffected by regime change are quite capable of proceeding with the study and working groups, so long as they are allowed to do so. And Congress may pass legislation requiring the relevant agencies to pursue the recommended studies and actions, removing power from whatever administration is in place next January. As with most government activities regarding spectrum, policy is ever changing and not always predictable.