2015年最终建议频谱共享成本回收替代方案

For Presentation at CSMAC MeetingAugust 26, 2015 NTIA Question “How should federal agencies be resourced todevelop and implement sharing with non-auction licensees or services, such as unlicenseddevice?” Participating Members •Michael Calabrese•Charla Rath•Giulia McHenry•Jennifer Warren•Janice Obuchowski•Bryan Tramont•Mike Chartier•Harold Fuchtgott-Roth•Harold Feld Background •Commercial Spectrum Enhancement Act (CSEA)authorizes a Spectrum Relocation Fund (SRF) toreimburse Federal agencies for the costs related toclearing and sharing bands reallocated by auction. •Incentives: Federal agencies have no source ofreimbursement for costs related to facilitating bandsharing (e.g., unlicensed) or other improvements inspectrum efficiency unrelated to the agency mission. •CSMAC’s Incentive Subcommittee previouslyrecommended broadening the SRF into a type ofrevolving “Spectrum Efficiency Fund” – as did PCAST. Background (continued) •Problem: There are several statutory obstacles toagency cost recovery: Commercial Spectrum Enhancement Act (CSEA)[47 U.S.C. §923]generally limits reimbursements for “relocation orsharing costs” related to bands that are auctioned. Miscellaneous Receipts Act[31 U.S.C. § 3302(b)]requires anyagency “receiving money … shall deposit that money withthe Treasury” – although there are some establishedexceptions for payments not “received” by thegovernment. Antideficiency Act[31 U.S.C. § 1342]prohibits federalemployees from accepting “voluntary services” notauthorized by law – although there are certain exceptionsfor “gratuitous services”(see GAO, B-324214, Jan. 27, 2014). Informational Meetings Subcommittee members were informed by a series ofmeetings with relevant agencies and other experts,including staff from: •Office Management and Budget, Commerce Division•Defense Spectrum Organization, Dept of Defense•NTIA, Office Spectrum Management•FCC, Wireless Telecommunications Bureauand•Tom Power, former deputy CTO, OSTP•Dorothy Robyn, former head of Public BuildingService, General Services Administration (GSA), andformer Undersecretary of Defense for Installationsand Environment Recommendation 1 NTIA should request that OMB provide written guidance, for disseminationto other federal agencies – a) that cost recovery arising from shared access to hybrid bands is CSEAeligible. These are bands that assign private sector access for both auctionedand non-auctioned use, such as bands with a three-tier access model thatincludes licensed and unlicensed access. b) that cost recovery related to additional sorts of indirect impacts on non-auctioned frequencies (“domino bands”), with a nexus to an auction, wouldbe CSEA eligible. –Examples: NOAA’s cost recovery for relocation of radiosondes from band just below 1695-1710.The consolidation of multiple agency bands, where cost recovery also helps to pay for sharingof a non-auctioned band that FCC decides to open on a non-auctioned basis. Recommendation 2 NTIA should request that OMB provide written guidance, for dissemination tofederal agencies, concerning the degree to which agencies can benefitindirectly(no actual transfer of funding or property) from private sector expenditures (e.g.,by industry and/or paid from fees pooled by a FCC-authorized band manager) forunfunded R&D, testing, sensing and geolocation database development, or otherinvestments, that could promote spectrum sharing across multiple bands, or in aparticular band – and do so without violating the Anti-Deficiency Act. A continuum of private sector support, and agency benefit from that support,should be considered, including: oR&D, testing, etc. by private parties that indirectly benefit the agency’seffortoDeployment of interference-mitigation technologies or mechanismsoShared access to a federal agency spectrum assignment in exchange foruse of private sector networks or services –Recent Examples: Industry and DoD partnered to evaluate feasibility of sharing 1755-1850 MHzband. DoD provided personnel and access military bases/installations where aengineering consultant paid for by industry monitored the RF environment.Deployment of sensing network to convert exclusion to coordination zones forpurpose of protecting Navy radar in 3.5 GHz band. Recommendation 3 NTIA should recommend to Congressan amendment to CSEApermitting a limited percentage of the Spectrum Relocation Fund (SRF)balance that exceeds 110% of certified agency costs to be used toreimburse certain qualifying agency costs for general purpose activities(e.g., R&D, testing, sensing or geolocation database development) thatadvance federal spectrum sharing and spectrum efficiency generally,including potential bi-directional sharing, irrespective of whether thefrequency band is related to a specific auctioned band (and hence arenot currently CSEA eligible). Elements of the process proposed to achieve this process couldinclude: •Agencies (separately or together) initially submit proposals to NTIA,which shou