MANUAL OF REGULATIONS AND PROCEDURES FOR FEDERAL RADIO FREQUENCY MANAGEMENT (REDBOOK); MAY 2010 REVISION OF THE 2008 EDITION, NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (19 MAY 2010)

MANUAL OF REGULATIONS AND PROCEDURES FOR FEDERAL RADIO FREQUENCY MANAGEMENT (REDBOOK); MAY 2010 REVISION OF THE 2008 EDITION, NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (19 MAY 2010)., This Manual is issued by the Assistant Secretary of Commerce for Communications and Information (hereafter referred to as the Assistant Secretary) and is specifically designed to cover his/her frequency management responsibilities pursuant to delegated authority under Section 305 of the Communications Act of 1934, as amended. Its contents are based on the advice, as appropriate, of the Interdepartment Radio Advisory Committee. Within the jurisdiction of the United States Government, use of the radio frequency spectrum for radio transmissions for telecommunications or for other purposes shall be made by United States Government stations only as authorized by the Assistant Secretary. Such use shall, unless specific provision is made otherwise, comply with the provisions of this Manual. The Communications Act of 1934, as amended, vests in the Federal Communications Commission (FCC) responsibility for the regulation of non-Government interstate and foreign telecommunication, including the assignment of space in the radio frequency spectrum among private users, regulation of this use of that space, and authorization of alien amateur operators, licensed by their governments, for operation in the United States under reciprocal arrangements. The Act, in recognition of the Constitutional powers of the President, provides that radio stations “belonging to and operated by the United States” shall use frequencies as determined to be in the national interest, to authorize foreign governments to construct and operate radio stations in the fixed service at the United States seat of government, and to assign frequencies thereto (47 U.S.C. 305(d)). The President by Reorganization Plan No. 1 of 1977 and Executive Order 12046 of March 26, 1978, delegated to the Secretary of Commerce authority to act in the discharge of certain of the President's telecommunication functions under the Communications Act of 1934 and the Communications Satellite Act of 1962. The Secretary of Commerce has delegated this Presidential authority to the Assistant Secretary of Commerce for Communications and Information (Administrator of the National Telecommunications and Information Administration, NTIA). The Assistant Secretary discharges these radiocommunication and frequency management functions as the Administrator of NTIA with the aid of the Interdepartment Radio Advisory Committee (IRAC). The IRAC is now comprised of representatives of the Departments of Agriculture, Army, Air Force, Commerce, Energy, Health and Human Services, Homeland Security, Interior, Justice, Navy, State, Treasury and Veteran's Affairs; the U.S. Coast Guard, the Federal Aviation Administration, the General Services Administration, the National Aeronautics and Space Administration, the National Science Foundation, the Broadcasting Board of Governors and the U.S. Postal Service. The FCC is not a member of the IRAC; however, the Commission has designated a Liaison Representative to the IRAC, who works with the IRAC and its subcommittees. The Officers of the IRAC and the Chairmen of its subcommittees are appointed by the Assistant Secretary. National frequency coordination and assignments are effected as follows: Each Government agency decides, in the light of policies, rules, regulations, frequency allocations, and the availability of frequencies, whether, what, and how many mission requirements can be fulfilled by using telecommunications systems. Each agency makes the necessary technical studies, selects potential frequencies, coordinates with other agencies involved, and prepares and files an application with the NTIA, Office of Spectrum Management (OSM), Spectrum Services Division (SSD), for consideration by the Frequency Assignment Subcommittee (FAS) of the IRAC. The FCC FAS Representative submits frequency assignment applications for non-Government use of the spectrum in shared bands and other bands where there might be an impact on, or from, Government operations. The FCC, as a Government entity, also submits frequency requests to the FAS for FCC spectrum requirements. The OSM/SSD, using a combination of computer and manual procedures, reviews the applications for accuracy, completeness, and compliance with regulations and procedures. The FAS agendas are distributed to each FAS member agency for study regarding the protection of their existing assignments. OSM/SSD reviews the agendas to ensure adequate justification, compliance with policy and regulations, technical appropriateness, potential for major problems, whether or not spectrum support for the system, if applicable, has been certified by the Spectrum Planning Subcommittee (SPS) of the IRAC, and whether there is a conflict with the assignments of the FAS non-member agencies. Each month the FAS considers pending items and takes action within established policy guidelines. When additional policy guidance is needed, agreement cannot be reached, the IRAC has so directed, or an agency requests, applications are referred to the IRAC. Matters that cannot be resolved with the IRAC, those that NTIA directs, or those requested by an agency, are referred to the Deputy Associate Administrator (OSM), NTIA, who resolves them or refers them to the Associate Administer (OSM) and if necessary to the Administrator, NTIA, for decision. Government frequency assignment decisions made by the Administrator, NTIA, may be appealed to the Director of the Office of Management and Budget (OMB) per paragraph 3-2 of Executive Order 12046. Matters of considerable importance, such as changes to the National Tables of Frequency Allocations, significant Government use of non-Government frequency bands, and advice to the Department of State, are recommended to NTIA for consultation with the FCC or other appropriate agencies. Although Government applications are not heard in public for security reasons, the public is represented by the FCC who may object, concur, or give tacit approval. After each FAS meeting when the FAS minutes have been approved by the Deputy Associate Administrator of OSM, the Government Master File (GMF) is updated. International frequency coordination is carried out through the International Telecommunication Union (ITU) and with other countries within the ITU provisions, by or under the aegis of the Department of State.