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Summary of Comments to NTIA on the National Spectrum Strategy

Core Content

The document presents a detailed analysis of spectrum policy by Brent Skorup, a Senior Research Fellow at the Mercatus Center, in response to the National Telecommunications and Information Administration (NTIA)’s request for comments on the Development of a National Spectrum Strategy proceeding. The focus is on the challenges of federal spectrum management, the inefficiencies in current allocation practices, and the potential of market-based mechanisms like overlay licenses to improve spectrum use and efficiency.

Main Points

1. Effectiveness of Spectrum Sharing Approaches

• Static vs. Dynamic Sharing:
  • Static sharing (e.g., through overlays) has proven more effective than dynamic sharing in promoting intensive spectrum use while protecting incumbents.
  • Dynamic sharing is still largely in the research and development stage and has not yet delivered significant results in practice.
  • Clearing incumbents with overlays leads to substantial investment and consumer welfare gains, often within months of auction.

2. Market-Based Solutions for Federal Spectrum Transfer

• Overlay Licenses:
  • Overlay licenses allow commercial users to access spectrum currently used by federal incumbents.
  • These licenses provide:
    1. Primary rights to unused spectrum in the band.
    2. Secondary rights to spectrum in use by incumbents.
    3. Exclusive rights to negotiate with existing users.
  • The concept has been endorsed by FCC Chair Jessica Rosenworcel and the Commerce Spectrum Management Advisory Committee.

3. Challenges in Federal Spectrum Management

• Inefficient Federal Use:
  • Federal agencies generally do not use spectrum efficiently due to lack of economic incentives.
  • Current law prohibits federal agencies from selling or transferring spectrum to commercial users, leading to underutilization and economic losses.
  • This creates a "starvation mindset" among all spectrum users, as commercial operators face limited access to spectrum.

4. Need for Legal and Policy Reform

• Spectrum Transferability:
  • Skorup argues that allowing federal agencies to sell or transfer spectrum to commercial users would increase efficiency and generate significant economic benefits.
  • He highlights the need for legal changes, such as modifying the Miscellaneous Receipts Act, to enable federal agencies to retain a portion of auction proceeds when their spectrum is repurposed.

5. Comparison with Other Approaches

• PCAST Dynamic Sharing Proposal:
  • The President's Council of Advisors on Science and Technology (PCAST) proposed dynamic sharing as a solution, but it faces political and technical challenges.
  • Dynamic sharing relies on future technological advancements and does not address current inefficiencies effectively.
  • The PCAST approach has been criticized for being slow and complex, with limited real-world implementation.

6. Case Study: AWS-3 Auction

• Successful Overlay Auction:
  • The AWS-3 auction in 2014 demonstrated the potential of overlay licenses, with commercial operators acquiring federal spectrum alongside non-federal blocks.
  • The auction raised over $40 billion, which translates to significant consumer surplus when the spectrum is deployed.
  • Despite the success, federal agencies have been resistant to relocation, indicating a need for stronger incentives.

Key Information

• Document Title: Sweeten the Deal: Transfer of Federal Spectrum Through Overlay Licenses
• Author: Brent Skorup
• Date: 2016
• Comment Period: March 16, 2023 – April 17, 2023
• Docket No.: 230308-0068
• Attachment: A law review article that provides in-depth analysis and is referenced in the comments.

Conclusion

The document emphasizes that the current federal spectrum management system is inefficient and that overlay licenses offer a promising alternative. By allowing commercial users to access and use federal spectrum through market mechanisms, policymakers can unlock significant economic value, promote innovation, and ensure more efficient use of the spectrum. Skorup advocates for legal reforms that would enable federal agencies to participate in the market and benefit from the commercialization of their spectrum holdings.