Spectrum Policy in the Age of Broadband: Issues for Congress

Linda K. Moore
Specialist in Telecommunications Policy

The convergence of wireless telecommunications technology with the Internet Protocol (IP) is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband backbones. Wireless technologies support public safety communications, sensors, smart grids, medicine and public health, intelligent transportation systems, and many other vital communications.

Existing policies for allocating and assigning spectrum rights may not be sufficient to meet the future needs of wireless broadband. A challenge for Congress is to provide decisive policies in an environment where there are many choices but little consensus. In formulating spectrum policy, mainstream viewpoints generally diverge on whether to give priority to market economics or social goals. Regarding access to spectrum, economic policy looks to harness market forces to allocate spectrum efficiently, with spectrum license auctions as the driver. Social policy favors ensuring wireless access to support a variety of social objectives where economic return is not easily quantified, such as improving education, health services, and public safety. Both approaches can stimulate economic growth and job creation.

Deciding what weight to give to specific goals and setting priorities to meet those goals pose difficult tasks for federal administrators and regulators and for Congress. Meaningful oversight or legislation may require making choices about what goals will best serve the public interest. Relying on market forces to make those decisions may be the most efficient and effective way to serve the public but, to achieve this, policy makers may need to broaden the concept of what constitutes competition in wireless markets.

The National Broadband Plan (NBP), a report on broadband policy mandated by Congress, has provided descriptions of perceived issues to be addressed by a combination of regulatory changes and the development of new policies at the Federal Communications Commission, with recommendations for legislative actions that Congress might take.

Among the spectrum policy initiatives that have been proposed in Congress in recent years are: allocating more spectrum for unlicensed use; auctioning airwaves currently allocated for federal use; and devising new fees on spectrum use, notably those collected by the FCC's statutory authority to implement these measures is limited. The NBP reiterates these proposals and adds several more.

Substantive modifications in spectrum policy would almost surely require congressional action. The Radio Spectrum Inventory Act introduced in the Senate (S. 649, Kerry) and the similar House-introduced Radio Spectrum Inventory Act (H.R. 3125, Waxman) would require an inventory of existing users on prime radio frequencies, a preliminary step in evaluating policy changes. The Spectrum Relocation and Improvement Act of 2009 (H.R. 3019, Inslee) and the Spectrum Relocation Act of 2010 (S. 3490, Warner) would amend the Commercial Spectrum Enhancement Act of 2004 (P.L. 108-494, Title II). The Broadband for First Responders Act (H.R. 5081, King) would allocate additional radio frequencies for public safety use.


Date of Report: July 1, 2010
Number of Pages: 36
Order Number: R40674
Price: $29.95

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Internet Domain Names: Background and Policy Issues

Lennard G. Kruger
Specialist in Science and Technology Policy

Navigating the Internet requires using addresses and corresponding names that identify the location of individual computers. The Domain Name System (DNS) is the distributed set of databases residing in computers around the world that contain address numbers mapped to corresponding domain names, making it possible to send and receive messages and to access information from computers anywhere on the Internet.

The DNS is managed and operated by a not-for-profit public benefit corporation called the Internet Corporation for Assigned Names and Numbers (ICANN). Because the Internet evolved from a network infrastructure created by the Department of Defense, the U.S. government originally owned and operated (primarily through private contractors) the key components of network architecture that enable the domain name system to function. A 1998 Memorandum of Understanding (MOU) between ICANN and the Department of Commerce (DOC) initiated a process intended to transition technical DNS coordination and management functions to a privatesector not-for-profit entity. While the DOC has played no role in the internal governance or dayto- day operations of the DNS, ICANN remained accountable to the U.S. government through the MOU, which was superseded in 2006 by a Joint Project Agreement (JPA). On September 30, 2009, the JPA between ICANN and DOC expired and was replaced by an Affirmation of Commitments (AoC), which provides for review panels to periodically assess ICANN processes and activities.

Many of the technical, operational, and management decisions regarding the DNS can have significant impacts on Internet-related policy issues such as intellectual property, privacy, ecommerce, and cybersecurity. With the expiration of the ICANN-DOC Joint Project Agreement on September 30, 2009, and the announcement of the new AoC, Congress and the Administration continue to assess the appropriate federal role with respect to ICANN and the DNS, and examine to what extent ICANN is positioned to ensure Internet stability and security, competition, private and bottom-up policymaking and coordination, and fair representation of the global Internet community. A related issue is whether the U.S. government's unique authority over the DNS root zone should continue indefinitely. Foreign governments have argued that it is inappropriate for the U.S. government to have exclusive authority over the worldwide DNS, and that technical coordination and management of the DNS should be accountable to international governmental entities. On the other hand, many U.S. officials argue that it is critical for the U.S. government to maintain authority over the DNS in order to guarantee the stability and security of the Internet.

The expiration of the JPA, the implementation of the Affirmation of Commitments, and the continuing U.S. authority over the DNS root zone remain issues of keen interest to the 111th Congress, the Administration, foreign governments, and other Internet stakeholders worldwide. Other specific issues include the possible addition of new generic top-level domain names (gTLDs), .xxx and the protection of children on the Internet, the security and stability of the DNS, and the status of the WHOIS database. How all of these issues are ultimately addressed could have profound impacts on the continuing evolution of ICANN, the DNS, and the Internet.


Date of Report: June 25, 2010
Number of Pages: 18
Order Number: 98-868
Price: $29.95

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U.S. National Science Foundation: Major Research Equipment and Facility Construction

Christine M. Matthews
Specialist in Science and Technology Policy

The Major Research Equipment and Facilities Construction (MREFC) account of the National Science Foundation (NSF) supports the acquisition and construction of major research facilities and equipment that are to extend the boundaries of science, engineering, and technology. The facilities include telescopes, earth simulators, astronomical observatories, and mobile research platforms. Currently, the NSF provides approximately $1.0 billion annually in support of facilities and other infrastructure projects. While the NSF does not directly design or operate research facilities, it does have final responsibility for oversight and management. Questions have been raised by many in the scientific community and in Congress concerning the adequacy of the planning and management of NSF facilities. In addition, there has been debate related to the criteria used to select projects for MREFC support.

The FY2011 request for the NSF is $7,424.4 million, approximately $551.9 million above the FY2010 estimate. Included in the requested funding is $165.2 million for MREFC, a 40.8% increase above the FY2010 estimate of $117.3 million. In FY2011, NSF anticipates construction of the National Ecological Observatory Network (NEON), at a cost of $20.0 million. The NEON will compile data on the effects of climate changes, land use changes, invasive species on natural resources, and biodiversity. In addition to the support of NEON, NSF will continue its support of four ongoing major construction projects—the Advanced Laser Interferometer Gravitational Wave Observatory ($23.6 million), the Atacama Large Millimeter Array ($13.9 million), the Advanced Technology Solar Telescope ($17.0 million), and the Ocean Observatories Initiative ($90.7 million).


Date of Report: June 24, 2010
Number of Pages: 10
Order Number: RS21267
Price: $29.95

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Project BioShield: Authorities, Appropriations, Acquisitions, and Issues for Congress

Frank Gottron
Specialist in Science and Technology Policy

Many potential chemical, biological, radiological, and nuclear (CBRN) terrorism agents lack available medical countermeasures. In 2003, President Bush proposed Project BioShield to address this need. The Project BioShield Act became law in July 2004 (P.L. 108-276).

This law has three main provisions: (1) relaxing regulatory requirements for some CBRN terrorism-related spending, including hiring personnel and awarding research grants; (2) guaranteeing a federal government market for new CBRN medical countermeasures; and (3) permitting emergency use of unapproved countermeasures. The Department of Health and Human Services (HHS) has used each of these authorities. The HHS used expedited review authorities to approve contracts and grants related to CBRN countermeasure research and development. The HHS used the authority to guarantee a government market to obligate approximately $2 billion to acquire countermeasures against anthrax, botulism, radiation, and smallpox. The HHS has also employed the emergency use authority several times, including allowing young children with H1N1 "swine" influenza to receive specific antiviral drugs.

The Department of Homeland Security (DHS) Appropriations Act, 2004 (P.L. 108-90) advanceappropriated $5.593 billion for FY2004 to FY2013 for CBRN countermeasures acquisition through Project BioShield. Subsequent Congresses have rescinded or transferred to other accounts approximately 19% of the advance appropriation. In FY2004 and FY2005, Congress removed a total of approximately $25 million from this account through rescissions included in the Consolidated Appropriations Act, 2004 (P.L. 108-199) and the Consolidated Appropriations Act, 2005 (P.L. 108-447). In the Omnibus Appropriations Act, 2009 (P.L. 111-8), Congress transferred $412 million from this account to support countermeasure advanced research and development and pandemic influenza preparedness and response. The Consolidated Appropriations Act, 2010 (P.L. 111-117) transferred $609 million from this account to support basic research and advanced countermeasure development. P.L. 111-117 also transferred the remaining Project BioShield funds from DHS to HHS. The Disaster Relief and Summer Jobs Act of 2010 (H.R. 4899) would rescind up to $2,000 million of Project BioShield funds. For FY2011, President Obama has requested the transfer of at least $476 million from this account.

Since passing the Project BioShield Act, subsequent Congresses have considered additional measures to further encourage countermeasure development. The 109th Congress passed the Pandemic and All-Hazard Preparedness Act (P.L. 109-417) which created the Biomedical Advanced Research and Development Authority (BARDA) in HHS. Amongst other duties, BARDA oversees all of HHS' Project BioShield activities. The Pandemic and All-Hazard Preparedness Act also modified the Project BioShield procurement process. Some stakeholders question whether these changes have sufficiently improved countermeasure development and procurement. The Administration is considering implementing additional changes to the countermeasure research, development, and acquisition process.

The 111th Congress continues to address several Project BioShield-related policy issues. These include whether to continue diverting Project BioShield acquisition funding to other purposes; whether to change the countermeasure development and acquisition process; how to replace stockpiled countermeasures as they expire; and whether to alter federal efforts to encourage the development of broad-spectrum countermeasures.


Date of Report: July 2, 2010
Number of Pages: 17
Order Number: R41033
Price: $29.95

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Spectrum Policy in the Age of Broadband: Issues for Congress

Linda K. Moore
Specialist in Telecommunications Policy

The convergence of wireless telecommunications technology with the Internet Protocol (IP) is fostering new generations of mobile technologies. This transformation has created new demands for advanced communications infrastructure and radio frequency spectrum capacity that can support high-speed, content-rich uses. Furthermore, a number of services, in addition to consumer and business communications, rely at least in part on wireless links to broadband backbones. Wireless technologies support public safety communications, sensors, smart grids, medicine and public health, intelligent transportation systems, and many other vital communications.

Existing policies for allocating and assigning spectrum rights may not be sufficient to meet the future needs of wireless broadband. A challenge for Congress is to provide decisive policies in an environment where there are many choices but little consensus. In formulating spectrum policy, mainstream viewpoints generally diverge on whether to give priority to market economics or social goals. Regarding access to spectrum, economic policy looks to harness market forces to allocate spectrum efficiently, with spectrum license auctions as the driver. Social policy favors ensuring wireless access to support a variety of social objectives where economic return is not easily quantified, such as improving education, health services, and public safety. Both approaches can stimulate economic growth and job creation.

Deciding what weight to give to specific goals and setting priorities to meet those goals pose difficult tasks for federal administrators and regulators and for Congress. Meaningful oversight or legislation may require making choices about what goals will best serve the public interest. Relying on market forces to make those decisions may be the most efficient and effective way to serve the public but, to achieve this, policy makers may need to broaden the concept of what constitutes competition in wireless markets.

The National Broadband Plan (NBP), a report on broadband policy mandated by Congress, has provided descriptions of perceived issues to be addressed by a combination of regulatory changes and the development of new policies at the Federal Communications Commission, with recommendations for legislative actions that Congress might take.

Among the spectrum policy initiatives that have been proposed in Congress in recent years are: allocating more spectrum for unlicensed use; auctioning airwaves currently allocated for federal use; and devising new fees on spectrum use, notably those collected by the FCC's statutory authority to implement these measures is limited. The NBP reiterates these proposals and adds several more.

Substantive modifications in spectrum policy would almost surely require congressional action. The Radio Spectrum Inventory Act introduced in the Senate (S. 649, Kerry) and the similar House-introduced Radio Spectrum Inventory Act (H.R. 3125, Waxman) would require an inventory of existing users on prime radio frequencies, a preliminary step in evaluating policy changes. The Spectrum Relocation and Improvement Act of 2009 (H.R. 3019, Inslee) and the Spectrum Relocation Act of 2010 (S. 3490, Warner) would amend the Commercial Spectrum Enhancement Act of 2004 (P.L. 108-494, Title II). The Broadband for First Responders Act (H.R. 5081, King) would allocate additional radio frequencies for public safety use.


Date of Report: June 21, 2010
Number of Pages: 36
Order Number: R40674
Price: $29.95

Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.