联邦通信委员会与美国国家航空航天局之间的谅解备忘录

This MemorandumofUnderstanding (MOU) relatestoincreased coordination between Federalspectrum management agencies to promote the efficient useofthe radio spectrum in the publicinterest. I.Parties This MOU constitutes an agreement between the Federal Communications Commission (FCC)and the National Telecommunications and Information Administration (NTIA), U.S. DepartmentofCommerce. II.Authorities The NTIA Act requires the Assistant SecretaryforCommunications and Information and theChairofthe FCCtomeet, at least biannually, to conductjointspectrum planning with respect tocertain issues.1TheMOU establishes a framework for compliance with this statutoryrequirement.FCCauthority to enter into theMOUarises from the provisionoftheCommunications Actof1934, as amended, empowering theFCCtoperform any and all actsnecessarytoexecute its functions,2 as well as provisions establishing theFCC'sauthoritytoregulate non-Federal Government useofspectrum.3NTIA authority to enter into the MOU arisesfrom the provisionofthe NTIA Act empowering NTIAtodevelop, in cooperation with the FCC,plans for improved managementofall electromagnetic spectrum resources,4as well asprovisionsofthe NTIA Act and the Communications Act establishing NTIA'sauthority toregulate Federal Government useofspectrum,5advise the President on telecommunications 5Sec47U.S.C.§901(c) (directing NTIA lo advance policiesthat"foster[]fullandefficient useoftelecommunications resources, including effective useoftheradio spectrum by the Federal Government,inamanner which encourages themostbeneficial uses thereof in the public interest.");47U.S.C.§305(providing that policies,6present the Executive Branch's views on telecommunications policies to theFCC,7andpromote efficient useofspectrum resources across the federal government.8 III.Purpose TheFCC is an independent agency that is the exclusive regulatorofnon-Federal spectrum use.NTIA is the sole agency responsible for authorizing Federal spectrum use and is the President'sprincipal advisor on telecommunications policies, coordinating and communicating the viewsofthe Executive Branch. Together, the FCC and NTIA jointly manage the nation's radio spectrumresources in the public interest. The agencies have a long historyofcooperation to ensure thatspectrum policy decisions foster economic growth, ensureournational and homeland security,maintain U.S. global leadership, and advance other vital U.S. interests. TheFCC and NTIA must work togethertoensure that spectrum policy decisions promoteefficient useofthe spectrumbyall users. This MOU formalizes this cooperative relationship, inorder to ensure improved and effective communications between the agencies, to emphasize theimportanceofevidence-based spectrum policy-making and reliance on data, analyses, andengineering best practices, and to promote effective, long-range planning by both agencies,taking into account the implicationsofspectrum policy and strategy. IV.Agreementofthe Parties Consistent with law and regulation, the Parties agree that: (1)TheChairofthe FCC and the Assistant Secretary for Communications andInformation will meet at least quarterly to conduct joint spectrum planning withrespect to: (a) the extent to which licenses for spectrum use can be issued pursuant to section309U)ofthe Communications Actof1934; (b) the future spectrum requirements for federal and non-federal uses, includingState and local government public safety agencies; (c) the spectrum allocation actions necessary to accommodate those uses;(d) the actions necessary to promote the efficient and effective useofthespectrum, including spectrum management techniques to promote increasedreallocation and/or shared usesofthe spectrum that do not cause harmfulinterference, as a meansofincreasing commercial and federal access;(e) where possible and appropriate, the identificationofspectrum managementpoliciesorspectrum allocationstobe examined in the next12months; and(f)other spectrum related matters as appropriate. (2)Thestaffsofthe FCC and the NTIA will meet at least monthly to exchangeinformationofmutual interest concerning, but not limited to, the above-referencedissues.Tothe extent possible, such meetings will include the identification of,andtentative schedules for, upcoming proposed actions and activities and may includedetailed subject-matter briefingsasappropriate, including about current andanticipated future usesofspectrum. (3) The FCC will cooperate with the NTIA and endeavor to give noticeofall proposedactions that could potentially cause interference to federal operations, includingoperations in adjacent spectrum allocations. Where possible, such notice willbegiven in time for the NTIA to comment prior to final action and a minimumof20business days prior to final action.TheFCC will endeavor to give NTIA the samenotice and opportunity to comment, in instances in which NTIA notifies the FCCthat non-federal operations critical to federal agency missions, including thoseessential to