Letter to the Hon. Joseph R. Biden Jr., President-elect - Matsui Urges Biden to Adopt Unified Spectrum Policy

Letter

Dear President-elect Biden,
The global wireless communications marketplace has reached a pivotal moment: 5G, Wi-Fi 6,
and satellite broadband are in the early stages of deployment and have the potential to create
significant economic opportunities for American workers. For the United States to maintain its
global leadership in these technologies, the federal government must have a national spectrum
strategy that is consistent, concerted, and effective. As Vice Chair of the Energy and Commerce
Subcommittee on Communications and Technology and a Co-Chair of the Congressional
Spectrum Caucus, I believe it is imperative that your Administration's strategy include a unified
approach to spectrum policy and a clearly articulated process for resolving interagency disputes.
Over the past four years, significant conflicts between federal agencies have caused costly delays
in making needed spectrum available for commercial use while also creating severe uncertainty
for both federal and non-federal users. These frequent, public conflicts encouraged a combative
rather than collaborative posture among federal agencies and often necessitated congressional
intervention. This spectrum management approach is untenable. Non-federal users deserve the
certainty needed for long-term strategic investments and, as federal stewards, agencies deserve
the requisite resources to fulfil their mandates.
As demand for spectrum increases, more intensive use of federal spectrum will be necessary.
This will require new coexistence and sharing techniques that have the potential to cause friction
between federal agencies and non-federal users. When these conflicts arise, it will be important
that all federal agencies involved are aware of Administration policy and understand how to
provide feedback in a constructive manner. A well-defined collaborative process will help
prevent individual agencies from pursuing policies that benefit themselves alone or that come at
the expense of other federal users.
To that end, the 2012 report from the President's Council of Advisors on Science and
Technology entitled Realizing the Full Potential of Government-Held Spectrum to Spur
Economic Growth recommended that any framework for dispute resolution should be
dependable, timely, and efficient. While this recommendation was intended for interference
disputes, the features outlined in the framework could also be applied to allocation decisions. I
encourage you to incorporate these three principles when implementing your Administration's
dispute resolution process.
A unified Administration spectrum policy will also be valuable when there are disagreements
between federal and non-federal stakeholders, subject to the oversight of the National
Telecommunications and Information Administration (NTIA) and the Federal Communications
Commission (FCC), respectively. NTIA's role as manager of the federal government's use of
spectrum is vital and should be respected and supported. This role allows NTIA to effectively
represent federal interests before the FCC and also ensures that the FCC is not forced to interpret
divergent messages from individual federal agencies. The relationship between the two agencies
is critical and may benefit from a reevaluation of the existing Memorandum of Understanding to
determine whether updates are or are not needed to ensure a transparent, consultative process.
For the United States to remain a global leader in wireless communications technology, the
federal government must be a driving force in spectrum policy. For that to occur, coordination,
collaboration, and consistency are necessary. As Congress works with your Administration to
Build Back Better, I believe a unified approach to spectrum management will support innovation
and economic growth. I appreciate your consideration of this request and look forward to
working with you on this important issue.

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