2015年csmac频谱共享成本回收替代方案小组委员会状态报告

Spectrum Sharing Cost RecoveryAlternatives For Discussion at CSMAC MeetingMay 12, 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 I. Non-Legislative Approaches A. Recommendation NTIA should seek OMB clarification, for dissemination to other federalagencies – 1) that cost recovery related to hybrid bands is CSEA eligible. These are bandsthat assigns private sector access for both auctioned and non-auctioned use,such as bands with a three-tier access model that includes licensed andunlicensed access. 2) 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. –Example: Already approved is NOAA cost recovery for relocation of radiosondes from band justbelow 1695-1710–For example, what about consolidation of multiple agency bands, where cost recovery also helps topay for sharing of a non-auctioned band that FCC decides to open on a non-auctioned basis. I. Non-Legislative Approaches (cont.) B. Other Options for Further Consideration 1.Seek and adoptguidance from OMBon 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 band manager) for unfundedR&D, testing, sensing and geolocation database development, or other investments,that could promote sharing across multiple bands, or in a particular band – and do sowithout violating the Anti-Deficiency Act. •Examples that have been tacitly authorized:oIndustry and DoD partnered to evaluate feasibility of sharing 1755-1850 MHz band. DoD provided personnel and access military bases/installations wherea engineering consultant paid for by industry monitored the RF environment.oDeployment of sensing network to convert exclusion to coordination zonesfor purpose of protecting Navy radar in 3.5 GHz band. •There is a continuum of private sector support, and agency benefit from that support,that should be considered: oR&D, testing, etc. by private parties that indirectly benefit the agency’s effortoThe agency shares spectrum in exchange for use of private sector networks orservicesoTransfer of actual funding or tangible goods to an agency (e.g., fees collectedby FCC-authorized band manager, or equipment purchased by industry) I. Non-Legislative Approaches (cont.) Other Potential Options: 2.Other tools that should be considered(but need further study): CRADA is a cooperative research and development agreement between agovernment agencyand aprivate companyoruniversityto work together on research and development. oNo-Cost Contracts and “gratuitous services” GAO: “Under such a contract, the agency has no financial obligation and the contractor has noexpectation of payment from the government.” (see GAO, B-324214, Jan. 27, 2014). oGifts-in-Kind Permitted for certain agencies, e.g., DoD by statute (see 10 U.S.C. 2608).