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Memo 12046MemorandumBiden · D Quiet signal

Presidential Memorandum 12046

Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy

This memorandum directs the Department of Commerce and NTIA to modernize U.S. spectrum policy by establishing an Interagency Spectrum Advisory Council, developing a National Spectrum Strategy by December 31, 2023, and creating an Implementation Plan within 120 days of Strategy submission. It revokes a 2018 Trump-era spectrum memorandum and establishes new coordination requirements between NTIA, FCC, and federal agencies on spectrum allocation and management decisions.

Federal Register Open PDF 88 FR 80079

Impact dates

  1. Detailed studies of pipeline bands completed

  2. Implementation Plan due

  3. Report on spectrum management principles and methods

  4. NTIA publish Council charter

  5. Dispute submission to White House if no resolution

  6. NTIA address FCC on harmful interference

  7. National Spectrum Strategy due to President

  8. Agency response to NTIA requests

  9. Complainant agency request to NTIA on harmful interference

Key directives

  • Establish Interagency Spectrum Advisory Council led by Assistant Secretary of Commerce for Communications and Information
  • NTIA publish Council charter within 90 days
  • Secretary of Commerce develop National Spectrum Strategy by December 31, 2023
  • Strategy to identify at least 1500 megahertz for in-depth study for repurposing
  • Implementation Plan within 120 days of Strategy submission
  • Implementation Plan to include schedule for detailed studies within 2 years
  • NTIA to adhere to August 1, 2022 MOU with FCC
  • NTIA to provide timely written feedback to agencies on spectrum positions
  • Dispute resolution to White House officials within 90 days if consensus not reached
  • Complainant agency request to NTIA within 45 days of learning unforeseen harmful interference
  • NTIA address FCC within 60 days if sufficient evidence of harmful interference
  • Agencies respond to NTIA requests within 45 days outside MOU timeframes

Who is ordered

Timeline

Immediate

  • Revocation of October 25, 2018 Presidential Memorandum
  • Establishment of Interagency Spectrum Advisory Council
  • NTIA to publish Council charter within 90 days

Near term (90d)

  • National Spectrum Strategy due December 31, 2023
  • Council charter publication due by February 11, 2024
  • Agency response to NTIA requests within 45 days

Long term

  • Implementation Plan due within 120 days of Strategy submission
  • Spectrum management principles report due May 14, 2025
  • Detailed studies of pipeline bands within 2 years of Strategy submission
  • 1500 megahertz to be identified for study for potential repurposing

Risks & tensions

  • Tension between commercial innovation demands and federal mission requirements (national security, aviation, climate monitoring)
  • Potential for interagency deadlock given elaborate dispute resolution mechanism involving multiple White House offices
  • Compressed timeline for Strategy development (48 days from signing to December 31, 2023)
  • Ambiguity around whether FCC will fully participate in Council (NTIA 'shall request' rather than direct)
  • Spectrum repurposing may face resistance from agencies with existing allocations
  • Implementation Plan timing depends on Strategy submission date, creating cascading deadline uncertainty
Presidential Memorandum 12046: Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy · Executive Orders