10. Frequency Management within the United States.
a. The need to obtain efficient utilization of spectrum resources
on a national level is urgent and must be recognized by all users.
Only by intelligent planning, management, and technical advances in
communications equipment will it be possible to continue to
accommodate all user demands on the available spectrum.
Sound and
efficient spectrum management at the national level is mandatory.
b. Everyone who uses a portion of the spectrum generally limits
others using the same portion at the same time, unless the other
potential user is geographically far enough away to cause, at most,
only tolerable interference.
Clearly, it is the responsibility of
every individual government to maintain orderly use of the radio
frequency spectrum by its own citizens.
11. Communications Act of 1934.
a. The basis for United States national spectrum management is
derived principally from the Communications Act of 1934, as amended.
This
act
vested
in
the
Federal
Communications
Commission,
responsibility for the regulation of non-government interstate and
foreign
telecommunications
originating
in
the
United
States,
including the assignment of space in the radio frequency spectrum
among private users.
Regulation of the 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 such frequencies as shall be
assigned by the President. That act empowers the President, provided
he determines it 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.
b. The President, by Executive Order in 1970, provided for a
Director of Telecommunications policy, to act for him or under his
authority in the discharge of his telecommunications functions under
the Communications Act of 1934 and the Communications Satellite Act
of 1962 and to assume, in an emergency, certain of his wartime power
over national telecommunications.
The Office of Telecommunications
Policy discharges the radio communications and frequency management
functions within the Executive Branch of the Government with the aid
of the Department of Commerce's Office of Telecommunications and the
Interdepartment Radio Advisory Committee.
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