加拿大联邦通信委员会与美国国家航空航天局第一工作组谅解备忘录草案

This Memorandum of Understanding (MOU) relates to increased coordination between Federalspectrum management agencies to promote the efficient and effective use of the radio spectrum inthe public interest. Rationale: It is important to expand this MOU to a common good goal whichensures not just efficient, but also effective use of the radio spectrumresource. I.Parties This MOU constitutes an agreement between the Federal Communications Commission (FCC)and the National Telecommunications and Information Administration (NTIA), U.S. Departmentof Commerce. II.Authorities The NTIA Act requires that the Assistant Secretary for Communications and Information and theChairman of the FCC shall meet, at least biannually, to conduct joint spectrum planning withrespect to certain issues.1The MOU establishes a framework for compliance with this statutoryrequirement. FCC authority to enter the MOU arises from the provision of the CommunicationsAct empowering the Commission to perform any and all acts necessary to execute its functions,2as well as provisions establishing the FCC’s authority to regulate non-Federal Government use ofspectrum.3NTIA authority to enter the MOU arises from the provision of the NTIA Actempowering the Administration to develop, in cooperation with the FCC, plans for improvedmanagement of all electromagnetic spectrum resources,4as well as provisions of the NTIA Actand the Communications Act establishing NTIA’s authority to regulate Federal Government useof spectrum.5 Deleted: Page Break Deleted:47 U.S.C. § 302 (empowering the Commission toregulate the interference potential of radio transmitters); 47U.S.C. § 303 (empowering the Commission to adopt suchregulations as it deems necessary to prevent interferencebetween radio stations and to encourage more effective useof radio spectrum in the public interest); 47 U.S.C. §309(j)(10) (conditioning the Commission’s initial auctionauthority on prior coordination with NTIA). III.Purpose The FCC and the NTIA are charged with managing the nation’s radio spectrum resources in thepublic interest. Both agencies are committed to performing their respective responsibilities in acooperative, diligent, and professional manner to ensure that the spectrum is used for its highestand best purpose whether by the private sector, state and local government, or Federal agencies.The FCC and NTIA are required to work together to ensure that spectrum policy decisionspromote as efficient and effective use of the spectrum as possible to help meet our economic,national security, science, safety, and other Federal mission goals now and in the future.ThisMOU is intended to formalize this cooperative relationship in a manner that improves thespectrum management policies, practices and capabilities of the United States domestically andinternationally. The purpose of this MOU is for the FCC and NTIA to coordinate andcollaborate productively to achieve the spectrum management goals of the nation. Rationale: Expand the purposes to ensure that more than national security andeconomic goals are met.It is important that the MOU does not just continue the status quo inFCC/NTIAcoordinationbutactuallyimprovesspectrummanagement to the benefit of the United States domestically andinternationally. IV.Agreement of the Parties Subject to the availability of funds and consistent with law and regulation, the Parties agree that: The Chairman of the FCC and the Assistant Secretary for Communicationsand Information meet at least two times per calendar year to conduct jointspectrum planning with respect to: (a)the extent to which licenses for spectrum use can be issued pursuant tosection 309(j) of the Communications Act of 1934; (b)the future spectrum requirements for public and private uses, includingFederal, State and local government agencies; (c)Short, medium, and long-term spectrum planning, including possiblesharing scenarios; (d)the actions necessary to promote the efficient and effective use of thespectrum, including spectrum sharing and protection of uses from harmful interference. (e)international issues including those pertaining to upcoming ITU WorldRadiocommunication Conferences; and Rationale: Rationale: The Chief of the FCC’s Office of Engineering and Technology and theAssociate Administrator of NTIA’s Office of Spectrum Management (or theirsuccessors) (and other relevant representatives as appropriate) shall meet atleast 45 days before the principals meeting to agree on an agenda. Rationale: This is being added to ensure agendas for the Principals’ Meetingsare set sufficiently in advance to allow for adequate preparation andto allow for meaningful discussions that result in progress on issuesof mutual concern. Notice: The FCC will cooperate with the NTIA and endeavor to give notice of all proposed actions thatcould potentially cause interference to government operations. (a)Where possible, such notice will be given in time for the NTIA tocomment prior to f