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Today, House Energy and Commerce Subcommittee on Communications and Technology Chair Bob Latta (R-OH) and Ranking Member Doris Matsui (D-CA), sent a letter to National Telecommunications and Information Administration (NTIA) Assistant Secretary Alan Davidson and Department of Defense (DoD) Chief Information Officer John Sherman, requesting the agencies outline their process for the studies of the lower 3 GHz band as required by the National Spectrum Strategy.

“Clearly articulating the processes your agencies will use to study this band will help provide certainty for both federal and non-federal users,” wrote the lawmakers.

The National Spectrum Strategy establishes a roadmap to enhance innovation and U.S. leadership in wireless technologies through careful planning and cooperation among government agencies and the private sector. Implementation of the Strategy will promote private-sector innovation and further the missions of federal departments and agencies.

The National Spectrum Strategy requires the NTIA and DoD to co-lead additional studies of the Lower 3 GHz band to evaluate opportunities for private-sector access while ensuring vital Federal mission capabilities are preserved. A comprehensive study of the Lower 3 GHz band will help maximize efficient use of our Nation’s spectrum resources.

“NTIA developed the National Spectrum Strategy consistent with its statutory role as the sole agency responsible for authorizing Federal spectrum use,” the lawmakers continued. “For the Lower 3GHz band studies, the NSS directs NTIA and DoD to jointly establish processes that promote the pillars and strategic objectives of the NSS, consistent with the guidance in the Presidential Memorandum.”

As bipartisan leaders of the Subcommittee on Communications and Technology, the lawmakers seek important clarification from the agencies on how this process will move forward. 

A copy of the letter can be found below and HERE.

Dear Assistant Secretary Davidson and Mr. Sherman,

We write today to inquire about the upcoming studies of the 3.1-3.45 GHz (Lower 3 GHz) Band required by the National Spectrum Strategy (NSS). Clearly articulating the processes your agencies will use to study this band will help provide certainty for both federal and non-federal users.

Last fall, the Department of Defense (DoD) completed the Emerging Mid-Band Radar Spectrum Sharing (EMBRSS) Feasibility Assessment, pursuant to the requirements of Section 90008 of the Infrastructure Investment and Jobs Act (IIJA). After an extensive analysis, the EMBRSS assessment found that non-federal operations are feasible if certain advanced interference mitigation features and a coordination framework are put in place — a finding with which the National Telecommunications and Information Administration (NTIA) concurs.

By submitting the EMBRSS report to the Department of Commerce, the DoD has satisfied the requirement of the IIJA to provide its findings. Moving forward, the agencies will operate under additional obligations governing agency collaboration and goals for subsequent studies, pursuant to the NSS and the Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy Presidential Memorandum (PM). This new environment provides an opportunity to build upon the findings of the EMBRSS assessment by studying additional private-sector access in the Lower 3GHz band as required by the NSS.

NTIA developed the NSS consistent with its statutory role as the sole agency responsible for authorizing Federal spectrum use. For the Lower 3GHz band studies, the NSS directs NTIA and DoD to jointly establish processes that promote the pillars and strategic objectives of the NSS, consistent with the guidance in the PM. To ensure that the agencies fulfill this responsibility, we ask that you jointly respond to the following questions:

·     The NSS calls for NTIA and DoD to “co-lead” additional studies in the Lower 3 GHz band. How will the agencies collaborate on this effort to satisfy that requirement?

·     How will the additional studies to be conducted as part of the NSS support identification of frequencies in the Lower 3 GHz band required by the Secretary of Commerce under the IIJA?

·     What steps will the agencies take to ensure all opportunities for commercial use in the Lower 3 GHz are fully considered and all relevant stakeholders have the ability to participate?

·     How will the agencies ensure a consistent and evidence-based process is used to establish methodology, assumptions, and parameters for studies in the Lower 3GHz?

·     How will the agencies accommodate the exchange of classified information with the private sector where necessary?

We appreciate your joint efforts to secure federal missions while creating new opportunities for commercial use of spectrum and look forward to working with you to accomplish both goals.