Fischer conveys concern regarding DOD spectrum use

U.S. Sen. Deb Fischer (R-NE) led a bipartisan call against the Biden administration’s pursuit of a policy that would require the U.S. Department of Defense (DOD) to surrender its spectrum for non-federal use.

Sen. Fischer and her colleagues — U.S. Sens. Mazie Hirono (D-HI) and Angus King (I-ME), who are all members of the U.S. Senate Armed Services Committee — are worried that the administration’s plans could force the DOD to vacate communication airwaves normally reserved for military operations, according to a Feb. 7 letter they sent to President Joe Biden.

“We write to express our concern over the National Spectrum Strategy’s call for further study of the 3.1-3.45 GHz band,” they wrote. “At this time, it would be counter-productive to initiate additional studies of the lower 3 GHz Band.”

According to their letter, the DOD, in coordination with the U.S. Department of Commerce’s National Telecommunications and Information Administration and other federal agencies, industry, and academia, recently completed a 22-month study resulting in the Emerging Mid-Band Radar Spectrum Sharing (EMBRSS) Feasibility Assessment, which was required by Section 90008 of the Infrastructure Investment & Jobs Act. 

“This act requires coordination with Congress, including the Armed Services Committees,” wrote Sen. Fischer and her colleagues, who added that Section 90008 was enacted because lawmakers wanted to better understand the feasibility of commercial spectrum access to important mid-band spectrum, such as the lower 3 GHz Band, which advances the development and build out of 5G in the United States.

“This goal is harmonized with our national security objectives; however, we remain concerned that pursuing a policy of requiring the DOD to surrender its spectrum for non-federal use would significantly harm DOD’s ability to carry out its missions, increase costs, and adversely affect our national security,” the senators wrote.

They questioned the need for additional studies recommended by the National Spectrum Strategy; called for the public release of the DOD’s own spectrum sharing report; and encouraged the administration to incorporate the DOD’s findings into its National Spectrum Strategy.

“We are concerned that the administration is moving forward with the National Spectrum Strategy without fully considering the recommendations of the EMBRSS report and the findings of its study on the lower 3 GHz Band,” wrote Sen. Fischer and her colleagues. “Proceeding without appropriate input in advance of the National Spectrum Strategy’s implementation could lead to an approach that overrides congressional intent and is at odds with the practical realities and technical assessments the final report provides.”