DoD'S WOLFOWITZ EMPHASIZES EXECUTIVE BRANCH SPECTRUM ROLE
Deputy Defense Secy. Paul Wolfowitz told Commerce Dept. (DoC) in letter on ultra-wideband that he was confident FCC now understood Commerce had authority over whether new technology radiating into govt. bands met statutory public interest obligations. In letter to Secy. Donald Evans, Wolfowitz stressed role of Executive Branch agencies in managing spectrum in way that protected federal systems. FCC approved UWB order Feb. 14 after long coordination process with NTIA amid concerns by agencies such as DoD and Transportation Dept. on how GPS and other safety-of-life systems would be protected from interference.
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In previously undisclosed March 20 letter, Wolfowitz cited Dec. 10 letter from FCC Chmn. Powell to Evans that cited part of Communications Act -- Sec. 7 -- that encourages provision of new technologies to public. Powell said that under Sec. 7, opponents of such technology bore burden of demonstrating that proposal was inconsistent with public interest. Wolfowitz said DoD lauded FCC’s “support of new technologies.” He said: “We are confident that the Commission understands that the President, and exercising delegated authority, the Commerce Department, have the authority to determine whether a new technology radiating into ‘government’ bands or otherwise adversely affecting federal government systems is ‘inconsistent with the public interest’ in that regard.”
Wolfowitz said department’s lawyers had informed him that Sec. 7, which was added to Communications Act in 1983, “must be interpreted in a manner consistent with the FCC’s other statutory requirements.” Those other requirements include Sec. 1 of Communications Act, “which includes under the FCC’s various purposes ‘for the purpose of the national defense’ and the Commission’s authority and responsibilities over certain radio stations and spectrum,” Wolfowitz said.
Wolfowitz, who sent copies of letter to National Security Adviser Condoleeza Rice and Powell, also said some commissioners had expressed optimism that after period of review, some restrictions in order might be relaxed. FCC officials indicated at Feb. 14 meeting, that for 6-12 month period after order takes effect, Commission plans to review UWB standards and examine possibility of more flexible provisions and operation of additional types of UWB technology (CD Feb 15 p3). FCC officials said they would examine where standards might be too restrictive or where they might need to be tightened. “We assume that the desire for consensus within the federal government and recognition of the authority of the Executive Branch within federal government and shared bands, including restricted bands, will be respected,” Wolfowitz said. He also cited “Commissioner Copps’ hope” that FCC could phase in technology with some sense of expediency. “Similarly, the department anticipates that NTIA will now be able to move forward expeditiously in approving the various Department of Defense -- and other agency -- UWB systems at various stages of development, pursuant to NTIA standards appropriate for federal government systems,” Wolfowitz told Evans. He also lauded FCC statement that rules approved Feb. 14 were “full coordinated” with U.S. govt.