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Chapter 2

National Spectrum Management

2-1. Introduction

The Communications Act of 1934, as amended, governs radio spectrum use in the United States and its possessions (US&P). The act established duality in spectrum management in the US between the President for federal government stations and the FCC under the direction of Congress. The FCC regulates the spectrum use of nonfederally operated radio stations, common carriers, and private organizations or individuals. By Executive Order 12016 of 1978, the President delegated his functions under the act to a new organization created as the NTIA and placed them under the Secretary of Commerce. This chapter discusses these agencies and their functions in national spectrum management.

2-2. The NTIA

The Communications Act of 1934 gave control of government radio stations to the President. The President, through the NTIA, will--

• Control all frequency resources in the US&P.
• Authorize foreign governments to construct and operate fixed service radio stations at their embassies. (Frequencies are assigned to these stations if it is in the national interest and if foreign governments grant reciprocal privileges to the US.)

Two committees advise the NTIA and serve essential spectrum management functions.

The Frequency Management Advisory Council, established in 1965, consists of experts from the civil sector who meet when necessary to make recommendations on spectrum management and electromagnetic compatibility (EMC).

The Interdepartment Radio Advisory Committee (IRAC), established by Presidential Order in 1922, is the policy-making agency of the NTIA. Most often, spectrum managers deal with this committee. Figure 2-1 shows the representatives from government departments or agencies which make up the IRAC.

Four subcommittees carry out the IRAC's daily functions. These are the Frequency Assignment Subcommittee (FAS), the Spectrum Planning Subcommittee (SPS), the Technical Subcommittee (TSC), and the International Notification Group (ING).

The FAS recommends approval of frequency assignments for government radio stations to the Director of NTIA. The Aeronautical Assignment Group (AAG) and the Military Assignment Group (MAG) make up the FAS.

The Federal Aviation Administration (FAA) chairs the AAG. The Navy, Air Force, and Army make up this group. The AAG approves frequency assignments for aeronautical operations.

The MAG has the same members and is chaired by the Air Force. The MAG approves frequency assignments for nonaeronautical operations.

The SPS supports the IRAC and the NTIA in planning RF spectrum allocations for established or developmental radio services. The SPS maintains a direct liaison with the FCC.

The TSC assists the Director of NTIA on using signal equipment and techniques and in establishing performance standards for equipment. It also researches ways of ensuring effective RF spectrum use.

The ING is responsible for all correspondence with the ITU on US frequency assignments.

2-3. The FCC

The Communications Act of 1934 created the FCC as an independent government agency directly responsible to Congress. The FCC regulates nonfederal government telecommunications.

The FCC maintains a liaison at all IRAC meetings and works with its subcommittee even though the FCC is not an IRAC member. The liaison is the crossover point for spectrum management actions requiring FCC coordination.

The FCC conducts its management functions under the Administrative Procedures Act. Rule-making processes are administrated with full public knowledge and are subject to hearings. The FCC will only act on or accept formal statements from Headquarters, Department of the Army. However, the FCC will consider personal matters of Army personnel.

The radio spectrum within the US is divided between exclusive government, exclusive FCC, and bands shared by both. An example of an exclusive government band is 225 to 400 MHz and is designated for military use. Exclusive FCC management is shown in broadcasting bands. Government and nongovernment users share 60 percent of the radio spectrum (up to 5000 MHz).

2-4. Office of Management and Budget

Following Executive Order 12016, the Army's right of appeal to an unacceptable radio spectrum decision by the NTIA or IRAC is to the Director of the Office of Management and Budget (OMB).

OMB Circular A-11 directs that before acquiring spectrum-dependent equipment, RF supportability shall be documented as early as possible during concept exploration, demonstration, and validation stages. This is reflected for Department of Defense (DOD) agencies in DOD Directive 4650.1.