Administration to Propose Upfront Funds for Identifying Spectrum for Commercial Use

"This report provides a roadmap for identifying wireless spectrum assigned to both Federal and non-Federal users that can be freed up for wireless broadband, either by auction to private users or through sharing arrangements,” the report said. “The primary focus of the Plan is on the necessary steps and near-term actions that must be accomplished in the next four years in order to meet the President’s 500 megahertz goal within ten years while ensuring no loss of critical existing and planned Federal, State, local and tribal government capabilities."

In June, the administration committed to making available 500 MHz of spectrum for wireless broadband over 10 years, picking up on a key recommendation of the FCC’s National Broadband Plan. NTIA submitted its report to the White House ahead an Oct. 1 deadline.

In a speech last month, NTIA Administrator Larry Strickling identified three bands that could be made available on a fast-track basis, including part of the 1675-1710 MHz band, which provides weather satellite downlinks (CD Oct 22 p1). So far, NTIA has identified only 15 MHz below 2.5 GHz for reallocation.

In the report, NTIA commits to giving additional attention to an examination of the 1755-1780 MHz band, the one most coveted by industry because it’s adjacent to AWS spectrum being cleared for industry use. The band “will continue to be a priority for analysis under this Plan and Timetable because it is harmonized internationally for mobile operations, wireless equipment already exists and the band provides signal characteristics advantageous to mobile operations,” the report said.

A second report on the fast-track evaluation of various bands noted that clearing the 1755-1780 MHz band will be complicated. The band is used for conventional fixed microwave communications systems, military tactical radio relay systems, air combat training systems, precision guided munitions, high-resolution video data links and other law enforcement video surveillance applications, tracking, telemetry, and command for Federal Government space systems, data links for short-range unmanned aerial vehicles, land mobile robotic video functions and control links for various power, land, water, and electric power management systems, NTIA noted. Many systems in the band are already being moved from the AWS-1 band.

NTIA said it will recommend to Congress legislation giving federal agencies upfront funding to support planning for future auctions of repurposed spectrum. Under current law, the report said, government agencies get money from auction proceeds for moving after spectrum has been identified for commercial use. A prime example is AWS-1 spectrum, which the FCC sold in a 2006 auction and is still being cleared.

"Resources are required well before auction proceeds are available -- both to support the identification and evaluation of candidate bands for repurposing or sharing and for advance planning to determine accurate relocation timelines and costs to ensure a successful transition,” the report said. The administration will, “consistent with prudent fiscal management,” allocate money to agencies for planning and “expects to propose legislation early in the next Congress” that would provide for more funding. Under the proposal, the director of the OMB “would certify that any resources made available before an auction would be expected to lead to higher auction bids within a period no longer than ten years.”

The plan proposes that Congress also provide incentives for agencies to move to other spectrum. Agencies could get up to 20 percent of auction proceeds “in cases where auction revenue is realized, to invest in communication equipment whether or not such equipment is related to the repurposing” under the proposal, NTIA said. “This investment would allow Federal agencies to improve capabilities by participating in repurposing efforts."

The plan lays out a timetable for making additional recommendations and decisions on bands to be used to meet the 500 MHz goal. NTIA said it will prioritize candidate bands. “NTIA will evaluate bands in the highest priority category first and then proceed to evaluate the lower priority bands,” the report said. “NTIA’s evaluation will include a determination of which bands are best suited for one or more of the following four repurposing options in order of preference: (1) Exclusive non-Federal use (licensed); (2) Federal Shared with non-Federal (licensed); (3) Federal and/or non-Federal use shared with unlicensed; and (4) Exclusive unlicensed.” Once bands are prioritized for evaluation, they will undergo “a more detailed evaluation based on technical, operational, and cost considerations to ascertain whether or not they can be repurposed within ten years.”

NTIA listed the factors it will consider, including “the amount of useable bandwidth to support wireless broadband and the degree to which that spectrum is contiguous; industry interest in the band and the expected auction revenue, if applicable, that the band will yield; indirect benefits to the economy of making the band available for wireless broadband; the availability of comparable spectrum (or other alternative arrangements) if relocation of incumbent users is necessary; the estimated costs of relocating Federal incumbents to another band; the impact to services using global allocations that would require international negotiations to bring about reallocation; and the likelihood that the band can be repurposed within ten years."

NTIA said it plans to publish its first interim progress report in April and identify “High Priority Band(s) to be Repurposed” in September. A decision on “Next Priority Band(s) to be Repurposed” would be made in September 2012 with a final decision on other bands to be made “as needed” in January 2014. The report also offers a plan on many other details, such as steps that must be taken by the FCC and a process for dealing with international agreements on spectrum that cover bands to be reallocated for wireless broadband.

NTIA Looking at Spectrum Band by Band

"Looking band by band … is going to be a crucial activity” for NTIA as it searches for 500 MHz of spectrum, NTIA Associate Administrator Karl Nebbia said at an FCBA brown bag lunch meeting Monday. The agency is “reviewing its government master file band by band within the ranges that have been recommended,” he said. It’s developing “counts of agency assignments by service and by agency, and then we are pulling that information together in a way that we believe will summarize the use in a way that makes it much more understandable.”

The Obama administration has been very supportive of a spectrum inventory, and thinks pending legislation takes an “even-handed” approach. But problems remain, including questions about NTIA’s ability to determine the extent of spectrum use and “security issues” related to releasing federal information, he said. A benefit of the inventory will be to “get us past the rhetoric on these issues and look specifically at how bands are used,” Nebbia said. That will allow government to make better reallocation decisions, ensuring that licensees are moved out only if there is a suitable band for them to go to. It wouldn’t be a problem for NTIA to write a report to Congress on the inventory if requested, Nebbia said. But a “bigger challenge” would be putting the data online in an interactive way, given potential costs, he said.

NTIA already has an inventory called the “government master file,” but it’s not publicly available, and 85 percent of the records are marked as FOIA-exempt, Nebbia said. The agency will provide the other 15 percent on request, but doesn’t think it would be useful to make it publicly available, he said. Putting the 15 percent up on the website, for example, would give people a “confusing” and “inadequate” picture, Nebbia said. NTIA started several years ago on a “long-term trek” to upgrade its government master file, and is “working from a data dictionary that we've developed to create a new frequency management system for the government,” he said. The agency is working with the Defense Department on that effort, he said. NTIA has shared the dictionary with the FCC and probably could provide it to interested stakeholders, Nebbia said.

Genachowski, Industry Supportive of NTIA Plan

"The future of our mobile economy depends on spectrum, America’s invisible infrastructure,” said FCC Chairman Julius Genachowski. “If we don’t act to update our spectrum policies for the 21st century, we're going to face a spectrum crunch that will stifle American innovation, economic growth, and job creation."

"Today’s announcement will help ensure that America leads [a wireless] revolution,” said Sen. John Kerry, D-Mass. “Technologies that we can’t even imagine today will transform our lives in the coming years, and private firms need access to more space in the public airwaves so they can innovate and unleash that next generation of jobs here in America. I'm committed to getting this done and will make it a priority going into the next Congress."

"The report makes very clear that the days of easily finding spectrum to be dedicated to new uses are over,” said Public Knowledge Legal Director Harold Feld. “There are no obvious candidates in the mix of bands NTIA listed. The one thing this report makes clear is that there is no ‘magic bullet’ address to our need for new wireless capacity. We were pleased to see, however, that ideas we have suggested, such as spectrum sharing, secondary markets, flexibility and spectrum reuse, were mentioned in the report."

"The 15 MHz of spectrum that NTIA has identified below 3 GHz is just a start,” said CTIA President Steve Largent. “We will continue to work to ensure that Federal policymakers understand, and focus on, the importance of certain bands of spectrum, such as the 1755-1780 band, for delivering on the promise of robust mobile broadband.”

Verizon Wireless “has spent more than $100 billion over the past decade acquiring spectrum and building the nation’s most reliable wireless network,” Senior Vice President Howard Woolley said of his company. “The President’s commitment to free up 500 MHz of additional spectrum for the future will ensure continued investment by technology and wireless companies.” An AT&T spokesman said freeing up 115 MHz of spectrum over the next five years “is critical to the continued growth of the wireless industry.”