About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (February 14, 2022)

handle is hein.crs/govefgw0001 and id is 1 raw text is: Congressional Research Service
Informing the legislative debate since 1914

S

February 14, 2022
National Spectrum Policy: Interference Issues in the 5G Context

Radio Spectrum as a National Resource
Most wireless technologies, including mobile
communications, radionavigation systems (e.g., the Global
Positioning System, GPS), radar systems, satellites, and
radio and television broadcasting, rely on a range of
frequencies of electromagnetic radiation to transmit signals
and data. Radio spectrum is the continuum of frequencies
allocated for various radiocommunication services.
Spectrum is an invisible, vital, and limited resource for the
nation's economic well-being, security, science, and safety.
The Code of Federal Regulations specifies frequency
allocations between 8.3 kilohertz (kHz) and 275 gigahertz
(GHz). This portion of the spectrum is divided into about
800 bands (or groups of frequencies) for over 30 types of
communication services, based on frequency
characteristics. Some frequencies can travel long distances
and penetrate seawater, making them useful for land-to-
submarine communications. Other frequencies can travel a
few miles and penetrate obstacles (e.g., buildings), making
them useful for mobile communications.
Radio communication involves the transmission and
reception of signals by a radio system. Intended signals may
be interfered with by signals transmitted on the same
frequency at the same time as well as by spill-over from
signals transmitted on adjacent frequencies. Spectrum use is
regulated and coordinated to minimize interference and
maximize its efficient and productive use.
Regulatory Framework for Spectrum
For cross-border radio operations and frequency
allocations, the International Telecommunication Union
(ITU), an agency of the United Nations, issues a collection
of Radio Regulations (RR), an international agreement
reached by member nations, including the United States.
Nations present and discuss spectrum allocation and use
positions at international meetings, including the ITU's
World Radiocommunication Conference that revises and
adopts the RR. Nations also align their domestic regulations
with ITU regulations, but may adopt different policies that
align with their national interests and priorities.
In the United States, the Communications Act of 1934, as
amended, assigned joint jurisdiction over spectrum
regulation to the Federal Communications Commission
(FCC) and the President. The FCC regulates nonfederal
spectrum use. Commercial entities and state and local
governments generally obtain a license from the agency to
transmit on an allocated frequency. During the licensing
process, the FCC's primary consideration is whether the
public interest, convenience, and necessity will be served.

The President has the authority to assign frequencies for
federal use. Since 1978, this power has been delegated to
the National Telecommunications and Information
Administration (NTIA), an agency in the Department of
Commerce. Federal users must obtain frequency
assignments and comply with NTIA regulations and
guidance. Its policy priority is to ensure a balance between
vital federal operations and commercial use.
NTIA has the statutory responsibility to present to the FCC
the views of the executive branch on telecommunications. It
chairs and receives advice from the Interdepartment Radio
Advisory Committee, which consists of representatives of
20 departments and agencies that use spectrum.
Coordination of Spectrum Policy
The FCC and NTIA coordinate spectrum allocations, which
are not perpetual and may be reassigned. By statute (47
U.S.C. §922), the agencies must meet regularly to conduct
joint spectrum planning. They maintain a memorandum of
understanding (MOU) setting terms of coordination.
Moreover, a frequency allocated primarily for federal use
may be used for nonfederal purposes on a mixed-use basis
(subject to conditions). Over 90% of U.S. radio spectrum is
shared between federal and nonfederal users. The FCC and
NTIA coordinate this sharing to avoid harmful interference
and resolve technical, procedural, and policy differences.
Spectrum Repurposing
According to a 2011 Government Accountability Office
report, over 60 federal users hold about 240,000 frequency
assignments for a variety of purposes, including air
navigation and traffic control communications, national
defense, land management, and law enforcement. To
address the growing demand for spectrum for wireless
broadband technologies, including fifth-generation (5G)
telecommunications, Congress has directed NTIA to
identify federal frequencies that can be reallocated to the
FCC for nonfederal or shared use. As of 2020, NTIA and
the FCC had made a total of 1,131 megahertz of mid-band
(1-10 GHz) spectrum available for commercial 5G services.
Interference Issues
An emission that falls outside its intended frequency and
spills over into adjacent frequencies is an out-of-band
emission (OOBE) and a major source of interference.
Common methods to mitigate OOBE interference are to
create a guard band of unused frequencies between the
intended and adjacent frequencies and to reduce the power
level of transmitters in adjacent frequencies.
The FCC and NTIA use the term harmful interference as
defined in the ITU's RR. The term indicates interference at
a level that endangers the functioning of a radionavigation

ittps://Crsreports.congress.gt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most