Thursday, June 18, 2020

Permanent NTIA Head Needed to Restore the Interagency Coordination Process for Spectrum

On June 15, Free State Foundation Visiting Fellow Gregory J. Vogt published an important Perspectives from FSF Scholars paper titled, "Coordinated Government Decisionmaking on Spectrum Issues: It's Vital to Locating More Spectrum for 5G Use." In that paper, he identified steps that would help restore and revitalize the interagency coordination process regarding spectrum use. 

According to Mr. Vogt, one step for reform is this: "The President should appoint, and the Senate should confirm, a permanent NTIA head whose decisions are supported by the President and the Department of Commerce." On this point A similar view was expressed at FSF's Twelfth Annual Telecom Policy Conference in March by James Cicconi (then) Senior Executive Vice President at AT&T. Here is an excerpt from the transcript of the hot panel in which Mr. Cicconi spoke: 
It doesn't help the government's position on spectrum when you have this revolving door at NTIA.  They are supposed to be the lead in terms of government spectrum policy, especially policy with regard to the use of government spectrum.  We've had three years of dysfunction in that area.  It ought to be a simple thing for the government to address.  But sadly, at least until recent developments, it hasn't been addressed… [Y]ou can't expect any process to work if the person who's supposed to be leading the process is absent or you have a series of people acting in the position, or a situation where someone that does not have the responsibility nor is Senate confirmed is trying to make the calls on that.  I think it has been, at least from the outside, seemed fairly dysfunctional on these. Any interagency process requires people from the agencies to participate.  And when you don't have any degree of continuity or, frankly, a Senate-confirmed person with authority in that position, it's sure hard to make policy.
The importance of this step has also been brought to light by several news reports highlighting tFCC Commissioner Mike O'Rielly's confirmation hearing statement about how NTIA's position regarding Ligado Networks' proposal to use L-Band spectrum for mobile wireless services changed once its administrator was removed. (Free State Foundation President Randolph May and I have written favorably about the FCC's approval of Ligado's license modification request to deliver advanced mobile wireless services, including 5G with currently unused L-Band spectrum.)

Be sure to check it out Mr. Vogt's paper for more on this point and other needed reforms. And for plenty of other interesting discussion on communications policy topics, be sure to check out the event transcript