National Telecommunications and Information Administration Seeks Input on US Spectrum Strategy

Morgan Lewis
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Morgan Lewis

The US Commerce Department’s National Telecommunications and Information Administration (NTIA), the executive branch’s advisor and representative on spectrum policy, recently launched a public inquiry to develop the National Spectrum Strategy (Strategy), including a spectrum pipeline, and an implementation plan that will serve as the blueprint for the nation’s spectrum priorities over the next decade.

The agency’s March 15 request for comment (RFC) solicits input on a broad range of issues to help develop a plan that will “accelerate US leadership in wireless communications and other spectrum-based technologies” and “unlock innovations that benefit the American people.” A core purpose of the proceeding is to identify a spectrum “pipeline” of 1,500 megahertz of spectrum for “in-depth” study to determine whether that spectrum can be repurposed to allow more intensive use.

In the RFC, the agency commits to a “data-driven decision-making process” to “fully address the needs of a broad range of spectrum-reliant services and missions” including but not limited to fixed and mobile wireless broadband, next-generation satellite and other space-based systems, advanced transportation, industrial and commercial applications (including agriculture, manufacturing, etc.), medical devices and telemedicine, and more.

The NTIA inquiry opens a valuable opportunity for spectrum stakeholders—private industry (including wireless broadband internet service providers, original equipment manufacturers, network vendors, and developers), end users of spectrum-based services and technologies, contractors for federal missions, etc.—to advise federal policymakers on critical spectrum issues and provide input to help shape the Strategy.

Comments on the RFC are due by April 17, 2023. The NTIA will also hold public “listening sessions” on March 30 in Washington, DC and on April 11 in South Bend, Indiana. The NTIA plans to develop the Strategy by the end of 2023 based on the feedback it receives in response to the RFC.

NTIA’s Request for Comment

NTIA calls for input on three proposed “pillars” of the Strategy.

Pillar 1

Spectrum Pipeline to Ensure US Leadership in Spectrum-Based Technologies

NTIA states that a “spectrum pipeline” is essential to continue the United States’ economic growth, to improve global competitiveness, and to support critical federal services and missions. “Spectrum pipeline” is defined to mean the process for identifying spectrum bands, regardless of allocation (i.e., federal and nonfederal), that should be studied for repurposing.

The RFC asks numerous questions on what requirements the pipeline should address and which spectrum bands may be best suited for particular purposes:

  • What are the projected future spectrum requirements over the next 10 years, including for developing standards such as 5G Advanced, 6G, and Wi-Fi 8?
  • Why will the amount of spectrum currently available be insufficient?
  • What spectrum bands should be repurposed and why, what concerns are raised, and what spectrum access models would expedite or streamline the repurposing process?
  • What criteria should NTIA use to assess bands for repurposing, and what policy priorities should be followed (e.g., greater access by consumers, promoting next-gen products, serving underserved areas, international harmonization, efficient spectrum uses, potential for sharing)?
  • What changes should be made to update current federal spectrum management practices to better support national spectrum goals?
  • What is the appropriate definition of “spectrum sharing” and what technologies, innovations, or processes are currently available to facilitate spectrum sharing?
  • What are the pros and cons of current access practices such as exclusive-use licensing, predefined sharing, and dynamic sharing?
  • What incentives or policies encourage or facilitate more robust federal and nonfederal spectrum sharing arrangements?
  • How do US spectrum management practices compare to those of other countries?

Pillar 2

Long-Term Spectrum Planning

NTIA seeks input on the long-term spectrum planning process with the following questions:

  • At what cadence should NTIA coordinate with the Federal Communications Commission (FCC) as part of that process?
  • How would the process best be executed?
  • What are the appropriate timelines, methods of coordination, and appropriate stakeholders to involve in the planning process?
  • Are existing engagement activities, such as the FCC’s Technical Advisory Committee, NTIA’s Commerce Spectrum Management Advisory Committee (CSMAC), and NTIA’s annual Spectrum Policy Symposium, sufficient for successful coordination among the federal government, industry, and other stakeholders?
  • What is the best overall approach to spectrum authorization such as licensed and unlicensed models and federal frequency assignments?
  • Do spectrum bands or “neighborhoods” optimize the effectiveness of US spectrum allocation?
  • And perhaps most important, which spectrum band(s) should be priorities for study or, conversely, avoided for proposed expansion?

Pillar 3

Expanding Spectrum Access and Management Through Technology Development

NTIA seeks input on methods that will promote innovation and the adoption of technologies that “expand the overall capacity or usability of the radiofrequency spectrum”:

  • What existing and next-gen capabilities for spectrum management models are currently being explored to expand and improve access?
  • What role, if any, should the government play in promoting research into investment in and development of technology advancements in spectrum management, spectrum-dependent technologies, and infrastructure?

Parties are also encouraged to address “incumbent informing capability” to support sharing between federal and nonfederal users and any other technology and methodologies being explored that innovate in real-time dynamic spectrum sharing, particularly technologies that do not rely on a database.

NTIA Implementation Plan

NTIA indicated that it will release an implementation plan after it publishes the Strategy. For that purpose, it seeks input on what specific steps should be included in its plan that could be taken in the next 12–24 months to ensure the successful execution of the Strategy. The agency also asks which of the spectrum bands or ranges should be prioritized for in-depth study, for example, and what timetable it should work toward to repurpose any identified bands.

NTIA’s RFC presents an outstanding opportunity for interested stakeholders to provide key information and insights on the commercial, technology, competitive and practical concerns that should be reflected in the Strategy.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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