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[House Report 111-462]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-462

======================================================================

 
                      RADIO SPECTRUM INVENTORY ACT

                                _______
                                

 April 13, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3125]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3125) to require an inventory of radio spectrum 
bands managed by the National Telecommunications and 
Information Administration and the Federal Communications 
Commission, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Legislative History..............................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     6
Statement of Committee Oversight Findings and Recommendations....     6
Statement of General Performance Goals and Objectives............     6
Constitutional Authority Statement...............................     6
Earmarks and Tax and Tariff Benefits.............................     6
Federal Advisory Committee Statement.............................     6
Applicability of Law to Legislative Branch.......................     6
Federal Mandates Statement.......................................     6
Committee Cost Estimate..........................................     7
Budget Authority and Congressional Budget Office Cost Estimate...     7
Section-by-Section Analysis of the Legislation...................     9
Explanation of Amendment.........................................    13
Changes in Existing Law Made by the Bill, as Reported............    13

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Radio Spectrum Inventory Act''.

SEC. 2. SPECTRUM INVENTORY.

  Part B of title I of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by 
adding at the end the following:

``SEC. 119. SPECTRUM INVENTORY.

  ``(a) Radio Spectrum Inventory.--In order to promote the efficient 
use of the electromagnetic spectrum, the NTIA and the Commission shall 
coordinate and carry out each of the following activities not later 
than 1 year after the date of enactment of this section:
          ``(1) Except as provided in subsection (e), create an 
        inventory of each radio spectrum band of frequencies listed in 
        the United States Table of Frequency Allocations, from 225 
        megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz 
        unless the NTIA and the Commission determine that the burden of 
        expanding the inventory outweighs the benefit, that includes--
                  ``(A) the radio services authorized to operate in 
                each band of frequencies;
                  ``(B) the identity of each Federal or non-Federal 
                user within each such radio service authorized to 
                operate in each band of frequencies;
                  ``(C) the activities, capabilities, functions, or 
                missions (including whether such activities, 
                capabilities, functions, or missions are space-based, 
                air-based, or ground-based) supported by the 
                transmitters, end-user terminals or receivers, or other 
                radio frequency devices authorized to operate in each 
                band of frequencies;
                  ``(D) the total amount of spectrum, by band of 
                frequencies, assigned or licensed to each Federal or 
                non-Federal user (in percentage terms and in sum) and 
                the geographic areas covered by their respective 
                assignments or licenses;
                  ``(E) the approximate number of transmitters, end-
                user terminals or receivers, or other radio frequency 
                devices authorized to operate, as appropriate to 
                characterize the extent of use of each radio service in 
                each band of frequencies;
                  ``(F) an approximation of the extent to which each 
                Federal or non-Federal user is using, by geography, 
                each band of frequencies, such as the amount and 
                percentage of time of use, number of end users, or 
                other measures as appropriate to the particular band 
                and radio service; and
                  ``(G) to the greatest extent possible--
                          ``(i) contour maps or other information that 
                        illustrate the coverage area, receiver 
                        performance, and other parameters relevant to 
                        an assessment of the availability of spectrum 
                        in each band;
                          ``(ii) for each band or range of frequencies, 
                        the identity of each entity offering unlicensed 
                        services and the types and approximate number 
                        of unlicensed intentional radiators verified or 
                        certified by the Commission that are authorized 
                        to operate; and
                          ``(iii) for non-Federal users, any commercial 
                        names under which facilities-based service is 
                        offered to the public using the spectrum of the 
                        non-Federal user, including the commercial 
                        names under which the spectrum is being offered 
                        through resale.
          ``(2) Except as provided in subsection (e), create a 
        centralized portal or Web site to make the inventory of the 
        bands of frequencies required under paragraph (1) available to 
        the public.
  ``(b) Use of Agency Resources.--In creating the inventory described 
in subsection (a)(1), the NTIA and the Commission shall first use 
agency resources, including existing databases, field testing, and 
recordkeeping systems, and only request information from Federal and 
non-Federal users if such information cannot be obtained using such 
agency resources.
  ``(c) Reports.--
          ``(1) In general.--Except as provided in subsection (e), not 
        later than 2 years after the date of enactment of this section 
        and biennially thereafter, the NTIA and the Commission shall 
        submit a report to the Committee on Commerce, Science, and 
        Transportation of the Senate and to the Committee on Energy and 
        Commerce of the House of Representatives containing--
                  ``(A) the results of the inventory created under 
                subsection (a)(1), including any update to the 
                information in the inventory pursuant to subsection 
                (d);
                  ``(B) a description of any information the NTIA or 
                the Commission determines is necessary for such 
                inventory but that is unavailable; and
                  ``(C) a description of any information not provided 
                by any Federal or non-Federal user in accordance with 
                subsections (e)(1)(B)(ii) and (e)(2)(C)(ii).
          ``(2) Relocation report.--
                  ``(A) In general.--Except as provided in subsection 
                (e), the NTIA and the Commission shall submit a report 
                to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Energy and Commerce of the House of Representatives 
                containing a recommendation of which spectrum, if any, 
                should be reallocated or otherwise made available for 
                shared access and an explanation of the basis for that 
                recommendation.
                  ``(B) Deadlines.--The report required under 
                subparagraph (A) shall be submitted not later than 4 
                years after the date of enactment of this section and 
                every 4 years thereafter.
          ``(3) Inventory report.--If the NTIA and the Commission have 
        not conducted an inventory under subsection (a) to 10 gigahertz 
        at least 90 days before the third report required under 
        paragraph (1) is submitted, the NTIA and the Comission shall 
        include an evaluation in such report and in every report 
        thereafter of whether the burden of expanding the inventory to 
        10 gigahertz outweighs the benefit until such time as the NTIA 
        and the Commission have conducted the inventory to 10 
        gigahertz.
  ``(d) Maintenance and Updating of Information.--After the creation of 
the inventory required by subsection (a)(1), the NTIA and the 
Commission shall make all reasonable efforts to maintain and update the 
information required under such subsection on a quarterly basis, 
including when there is a transfer or auction of a license or a change 
in a permanent assignment or license.
  ``(e) National Security and Public Safety Information.--
          ``(1) Nondisclosure.--
                  ``(A) In general.--If the head of an executive agency 
                of the Federal Government determines that public 
                disclosure of certain information held by that agency 
                or a licensee of non-Federal spectrum and required by 
                subsection (a), (c), or (d) would reveal classified 
                national security information or other information for 
                which there is a legal basis for nondisclosure and such 
                public disclosure would be detrimental to national 
                security, homeland security, or public safety, the 
                agency head shall notify the NTIA of that determination 
                and shall include descriptions of the activities, 
                capabilities, functions, or missions (including whether 
                they are space-based, air-based, or ground-based) 
                supported by the information being withheld.
                  ``(B) Information provided.--The agency head shall 
                provide to NTIA--
                          ``(i) the publicly releasable information 
                        required by subsection (a)(1);
                          ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the classified national security 
                        information or other information for which 
                        there is a legal basis for nondisclosure; and
                          ``(iii) a classified annex, under appropriate 
                        cover, containing the classified national 
                        security information or other information for 
                        which there is a legal basis for nondisclosure 
                        that the agency head has determined must be 
                        withheld from public disclosure.
          ``(2) Public safety nondisclosure.--
                  ``(A) In general.--If a licensee of non-Federal 
                spectrum determines that public disclosure of certain 
                information held by that licensee and required to be 
                submitted by subsection (a), (c), or (d) would reveal 
                information for which public disclosure would be 
                detrimental to public safety, or the licensee is 
                otherwise prohibited by law from disclosing the 
                information, the licensee may petition the Commission 
                for a partial or total exemption from inclusion on the 
                centralized portal or Web site under subsection (a)(2) 
                and in the report required by subsection (c).
                  ``(B) Burden.--The licensee seeking an exemption 
                under this paragraph bears the burden of justifying the 
                exemption and shall provide clear and convincing 
                evidence to support such an exemption.
                  ``(C) Information required.--If an exemption is 
                granted under this paragraph, the licensee shall 
                provide to the Commission--
                          ``(i) the publicly releasable information 
                        required by subsection (a)(1) for the 
                        inventory;
                          ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the information for which public 
                        disclosure would be detrimental to public 
                        safety or the licensee is otherwise prohibited 
                        by law from disclosing; and
                          ``(iii) an annex, under appropriate cover, 
                        containing the information that the Commission 
                        has determined should be withheld from public 
                        disclosure.
          ``(3) Additional disclosure.--The annexes required under 
        paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to the 
        congressional committees listed in subsection (c), but shall 
        not be disclosed to the public under subsection (a) or 
        subsection (d) or provided to any unauthorized person through 
        any other means.
          ``(4) National security council consultation.--Prior to the 
        release of the inventory under subsection (a), any updates to 
        the inventory resulting from subsection (d), or the submission 
        of a report under subsection (c)(1), the NTIA and the 
        Commission shall consult with the National Security Council for 
        a period not to exceed 30 days for the purposes of determining 
        what additional information, if any, shall be withheld from the 
        public.
  ``(f) Proprietary Information.--In creating and maintaining the 
inventory, centralized portal or Web site, and reports under this 
section, the NTIA and the Commission shall follow their rules and 
practice regarding confidential and proprietary information. Nothing in 
this subsection shall be construed to compel the Commission to make 
publicly available any confidential or proprietary information.''.

                          Purpose and Summary

    H.R. 3125, the Radio Spectrum Inventory Act, was introduced 
on July 8, 2009, by Reps. Henry Waxman (D-CA), Rick Boucher (D-
VA), Joe Barton (R-TX), and Cliff Stearns (R-FL). H.R. 3125 
would require the National Telecommunications and Information 
Administration (NTIA) and the Federal Communications Commission 
(FCC) to jointly develop a publicly-accessible spectrum 
inventory and submit regular reports to Congress regarding such 
an inventory. It would also require those agencies to make 
periodic recommendations as to which spectrum frequencies, if 
any, should be reallocated or otherwise made available for 
shared access.

                  Background and Need for Legislation

    There were approximately 270 million wireless subscribers 
in the United States at the end of 2008,\1\ including an 
estimated 40 million active users of mobile Internet 
services.\2\ The Wireless Communications Association 
International estimates that a single smart phone consumes 30 
times the amount of data used by a traditional handheld device, 
often because it is used to access bandwidth-intensive 
applications such as online video and gaming.\3\
---------------------------------------------------------------------------
    \1\CTIA--The Wireless Association, Semi-Annual Wireless Industry 
Survey (Apr. 1, 2009) (online at http://files.ctia.org/pdf/
CTIA_Survey_Year-End_2008_Graphics.pdf).
    \2\Comments of Motorola, A National Broadband Plan for Our Future, 
GN Docket No. 09-51, Notice of Inquiry, 24 FCC Rcd 4342 (2009) (June 8, 
2009).
    \3\Comments of Wireless Communications Association International, A 
National Broadband Plan for Our Future, GN Docket No. 09-51, Notice of 
Inquiry, 24 FCC Rcd 4342 (2009) (June 8, 2009).
---------------------------------------------------------------------------
    Wireless carriers have suggested that the current 
allocation of spectrum for mobile broadband in the United 
States compares unfavorably with other nations and is 
inadequate to meet the rapidly growing demand for wireless 
services.\4\ That view has been echoed by FCC Chairman Julius 
Genachowski, who has stated that a ``looming spectrum crisis'' 
may be the ``biggest threat to the future of mobile in 
America.''\5\ Recognizing the growing need for spectrum, the 
National Broadband Plan recommends that the country make ``500 
megahertz newly available for broadband use within the next 10 
years, of which 300 megahertz between 225 MHz and 3.5 GHz 
should be made newly available for mobile use within five 
years.''\6\
---------------------------------------------------------------------------
    \4\Comment of CTIA--The Wireless Association, A National Broadband 
Plan for Our Future, GN Docket No. 09-51, Notice of Inquiry, 24 FCC Rcd 
4342 (2009) (June 8, 2009).
    \5\Prepared Remarks of Chairman Julius Genachowski, Federal 
Communications Commission, America's Mobile Broadband Future (Oct. 7, 
2009) (online at http://hraunfoss.fcc.gov/edocs_public?attachmatch/DOC-
293891A1.doc).
    \6\Federal Communications Commission, Connecting America: The 
National Broadband Plan at 77 (Mar. 16, 2010) (online at http://
download.broadband.gov/plan/national-broadband-plan.pdf).
---------------------------------------------------------------------------
    Designating new spectrum for broadband use is not the only 
way to increase available bandwidth for broadband applications. 
The emergence of spectrum sensing and sharing technologies, 
including wireless devices or systems that are more aware of 
their radio environment through real-time spectrum monitoring 
measurements or access to databases, are beginning to enable 
more dynamic forms of shared access for spectrum. As one 
witness testified at the legislative hearing on H.R. 3125, 
``[b]y taking advantage of this more localized, real-time 
information [wireless devices or systems] are potentially able 
to access unused spectrum that may be available on a moment-by-
moment rather than just a long term basis,''\7\ providing a 
potential solution to reducing network congestion. Furthermore, 
advances in technology continually result in increases in which 
bands of spectrum are considered usable for wireless services.
---------------------------------------------------------------------------
    \7\House Committee on Energy and Commerce, Testimony of Dale N. 
Hatfield, Hearing on H.R. 3125, the Radio Spectrum Inventory Act, and 
H.R. 3019, the Spectrum Relocation Improvement Act of 2009, 111th Cong. 
(Dec. 15, 2009).
---------------------------------------------------------------------------
    H.R. 3125, the Radio Spectrum Inventory Act, was developed 
to provide policymakers with greater transparency concerning 
the current uses of spectrum and the potential availability of 
spectrum for new and innovative services, including broadband 
services.

                          Legislative History

    On July 8, 2009, Reps. Waxman, Boucher, Barton, and Stearns 
introduced H.R. 3125, the Radio Spectrum Inventory Act. The 
bill was referred to the Subcommittee on Communications, 
Technology, and the Internet on July 9, 2009. The Subcommittee 
held a legislative hearing on H.R. 3125 on December 15, 2009. 
The Subcommittee received testimony from witnesses representing 
the New America Foundation, Lockheed Martin Corporation, CTIA--
The Wireless Association, the National Association of 
Broadcasters, and Shared Spectrum, Inc., as well as from a 
professor at the University of Colorado.

                        Committee Consideration

    On Thursday, January 21, 2010, the Subcommittee on 
Communications, Technology, and the Internet met in open markup 
session to consider H.R. 3125. The Subcommittee adopted an 
Amendment in the Nature of a Substitute offered by Subcommittee 
Chairman Boucher and subsequently forwarded H.R. 3125, amended, 
favorably to the full Committee by a voice vote.
    The full Committee met in open markup session on Wednesday, 
March 10, 2010. The Committee adopted an Amendment in the 
Nature of a Substitute offered by Mr. Boucher. Subsequently the 
Committee ordered H.R. 3125 favorably reported to the House, 
amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Waxman to order H.R. 3125 favorably reported to 
the House, amended, was agreed to by a voice vote. There were 
no recorded votes taken during the consideration of H.R. 3125.

     Statement of Committee Oversight Findings and Recommendations

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 3125. Article I, section 8, clauses 3 and 18 
of the Constitution of the United States grants the Congress 
the power to enact this law.

                  Earmarks and Tax and Tariff Benefits

    H.R. 3125 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the 
House of Representatives.

                  Federal Advisory Committee Statement

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., section 5(b).

             Applicability of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations.
    H.R. 3125 directs the NTIA and the FCC to create a spectrum 
inventory. As such this bill does not relate to employment or 
access to public services and accommodations.

                       Federal Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported bill include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                        Committee Cost Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3125. Clause 3(d)(3)(B) of that rule, however, provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 3125 from the Director of 
the Congressional Budget Office:

                                                    March 22, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3125, the Radio 
Spectrum Inventory Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3125--Radio Spectrum Inventory Act

    Summary: H.R. 3125 would require the National 
Telecommunications Information Administration (NTIA) and the 
Federal Communications Commission (FCC) to conduct an inventory 
of the license holders and users of certain frequencies of the 
radio broadcast spectrum. The agencies would be required to 
complete the inventory within one year of enactment of the bill 
and to make the results available to the public on the 
Internet.
    Based on information from NTIA and FCC, CBO estimates that 
implementing H.R. 3125 would increase net discretionary 
spending by $16 million over the 2011-2015 period, assuming 
appropriation of the necessary amounts. Pay-as-you-go 
procedures do not apply to this legislation because it would 
not affect direct spending or revenues.
    H.R. 3125 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3125 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year in millions of dollars--
                                   -----------------------------------------------------------------------------
                                        2011         2012         2013         2014         2015      2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.....           3            3            4            3            4           17
Estimated Outlays.................           2            3            4            3            4           16
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2010 and that 
the necessary amounts will be appropriated each year.
    H.R. 3125 would require the two federal agencies 
responsible for managing the telecommunications spectrum (NTIA 
for federal government use and FCC for commercial and 
nonfederal use) to conduct an inventory of the license holders 
and users of certain radio frequencies that they manage. The 
inventory would be completed within one year of enactment of 
the bill and would be updated on a quarterly basis. The bill 
also would require the agencies to make the results of the 
inventory available to the public on the Internet.
    The bill would require the agencies to prepare two reports. 
The first, to present the results of the inventory, would be 
due two years after the date of enactment and would be updated 
biennially thereafter. The second, to provide recommendations 
by NTIA and the FCC of spectrum that should be reallocated or 
made available for sharing, would be due four years after 
enactment and would be updated every four years thereafter.
    Based on information from NTIA and the FCC, CBO estimates 
that implementing H.R. 3125 would cost $31 million over the 
2011-2015 period, assuming appropriation of the necessary 
amounts. Most of that cost would be incurred to collect 
information about the users of each band of spectrum and update 
the databases that track that information. CBO estimates that 
costs to the FCC would total $15 million over the 2010-2015 
period; costs to NTIA would be about $16 million over the same 
period. Further, under current law, the FCC is authorized to 
collect fees to offset the costs of its regulatory program; 
subject to appropriations action, CBO estimates that the FCC 
would collect $15 million in fees to offset the bill's costs. 
Therefore, CBO estimates that implementing H.R. 3125 would 
increase net discretionary spending by $16 million over the 
2011-2015 period.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3125 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimate: On July 28, 2009, CBO transmitted a 
cost estimate for S. 649, the Radio Spectrum Inventory Act, as 
ordered reported by the Senate Committee on Commerce, Science, 
and Transportation on July 8, 2009. The Senate bill includes a 
requirement to make the inventory available to the public on 
the Internet, updated as changes occur. H.R. 3125 does not 
include the real-time update requirement but does require the 
agencies to collect more detailed information for the 
inventory. The cost estimates for the two bills reflect those 
differences.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Sam Wice.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    This Act is entitled the ``Radio Spectrum Inventory Act''.

Section 2. Radio spectrum inventory

    Section 2 of the bill creates new section 119 of the 
National Telecommunications and Information Administration 
Organization Act.
    New section 119(a) requires the NTIA and the FCC to develop 
an inventory of each spectrum band in the U.S. Table of 
Frequency Allocations from 225 megahertz to at least 3.7 
gigahertz, and to 10 gigahertz unless the NTIA and the FCC 
determine that the burden of expanding the inventory outweighs 
the benefits. The inventory shall include (1) the services 
authorized to operate in each band; (2) the identity of each 
federal or non-federal user authorized to operate in each band; 
(3) the activities, capabilities, functions, or missions 
supported by the devices in each band of frequencies, including 
whether such missions are space, air, or ground based; (4) the 
total amount of spectrum assigned or licensed to each federal 
or non-federal user and the geographic areas covered by these 
allocations; (5) the approximate number of transmitters or 
other devices authorized to operate within each allocation; and 
(6) an approximation of the extent of use by geography of each 
federal or non-federal user within each band.
    To the greatest extent possible, the inventory would also 
include: (1) contour maps or other information that illustrate 
the coverage areas of users in each spectrum band, (2) the 
identity of each entity offering unlicensed services and the 
types and approximate number of unlicensed devices verified or 
certified by the FCC that are authorized to operate in each 
band, and (3) for non-federal users, any commercial names under 
which the user offers service to the public.
    The NTIA and the FCC are required to create a centralized 
portal or Web site to make the inventory available to the 
public under subsection (a)(2).
    New subsection (a)(1)(F) directs the NTIA and the FCC to 
collect information that would approximate ``the extent to 
which each federal or non-federal user is using, by geography, 
each band of frequencies, such as the amount and percentage of 
time of use, number of end users, or other measures as 
appropriate to the particular band and radio service.'' The 
reference to ``amount and percentage of time of use'' is merely 
illustrative of the types of information that may be 
appropriate for the agencies to use to characterize the extent 
of use in each spectrum band, but it is not a requirement. 
Although the agencies are not required to include ``amount and 
percentage of time of use'' to describe the extent of use, the 
Committee encourages federal and non-federal users to report 
such information whenever it is readily available and 
appropriate to characterize the use of that band of spectrum. 
If such information is reported, the NTIA and the FCC are 
encouraged to provide further context regarding such use in the 
reports to Congress under subsection (c), including the 
functions or missions supported by the devices located in the 
band.
    New section 119(b) directs the FCC and the NTIA to first 
use agency resources, including existing databases, field 
testing, and recordkeeping systems, in creating the inventory. 
The FCC and the NTIA should only request information from 
federal and non-federal users if information needed for the 
inventory cannot be obtained using agency resources. The 
Committee expects the agencies to follow the same requirement 
with respect to the creation of the centralized portal or Web 
site that makes the inventory public. The Committee does not 
intend that the bill will require the imposition of extensive 
new data reporting obligations on licensees. To the extent the 
agencies require additional information from federal and non-
federal users, the Committee encourages the agencies to require 
only the submission of additional information that is readily 
available. The Committee intends for the reference to ``field 
testing'' to be illustrative of the types of existing agency 
resources that the NTIA and the FCC shall first use before 
obtaining information from spectrum licensees. The Commission 
should treat existing databases and recordkeeping systems in 
the same manner. The Committee does not intend for the agencies 
to expend additional resources such as conducting additional 
field tests to collect data to comply with this subsection.
    New section 119(c) directs the NTIA and the FCC to provide 
reports to the House Committee on Energy and Commerce and 
Senate Committee on Commerce, Science, and Transportation 
biennially, commencing not later than two years after the date 
of enactment. These reports shall contain: (1) the results of 
the inventory, including any updates; (2) a description of any 
information that the NTIA or the FCC determines is necessary 
for the inventory but was unavailable; (3) a description of any 
information that was not made available for the inventory due 
to the national security and public safety provisions of the 
Act; and (4) if the NTIA and the FCC have not extended the 
inventory to 10 GHz at least 90 days before the date the third 
inventory report (6 years after the date of enactment) is 
submitted to the Committees, an evaluation in that report and 
in every report thereafter of whether the burden of expanding 
the inventory to 10 GHz outweighs the benefit until such time 
as the NTIA and the FCC have extended the inventory to 10 GHz.
    Under new section 119(c)(2), the NTIA and the FCC must 
submit a separate report to Congress not later than 4 years 
after the date of enactment of the bill and every 4 years 
thereafter containing a recommendation of which spectrum 
frequencies, if any, should be reallocated or otherwise made 
available for shared access and an explanation of the basis for 
that recommendation. The Committee does not intend for this 
quadrennial reallocation report requirement to delay, impede, 
or otherwise interfere with existing or ongoing efforts by the 
NTIA or the FCC to identify spectrum for reallocation or shared 
access. Rather, the Committee seeks to create a regular process 
by which the NTIA and the FCC will continuously review the 
efficiency of spectrum usage. Nothing in the bill prevents the 
NTIA and the FCC from completing and submitting any relocation 
report prior to the deadlines set forth in the measure, and the 
Committee strongly encourages the agencies to do so. The 
Committee is encouraged by the goal outlined in the National 
Broadband Plan of freeing up 500 MHz of spectrum over the next 
decade for wireless services and believes such efforts should 
commence immediately and without regard to the timing of the 
reports required under (c)(3).
    Furthermore, by using the term ``shared access,'' the 
Committee does not mean to exclude non-traditional modes of 
``sharing'' among distinct users. Rather, the NTIA and the FCC 
should also consider dynamic sharing involving so-called 
``smart'' sensing devices, or devices that are able to access 
real-time spectrum monitoring databases.
    When providing reallocation recommendations, if any, the 
NTIA and the FCC should base such recommendations not only on 
how much the spectrum is currently used, but also on the nature 
of such use, including whether the spectrum is utilized in 
bursts and whether its usage varies significantly with specific 
incidents such as during emergency responses and military 
exercises. The NTIA and the FCC should consult with federal 
agencies affected by the recommendations contained in the 
report.
    Should the NTIA and the FCC decide to not expand the 
inventory to include spectrum located between 3.7 Gigahertz and 
10 Gigahertz, this bill, under new section 119(c)(3), requires 
that they submit a cost-benefit analysis to Congress starting 
with the third inventory report. The Committee does not intend 
for the cost-benefit analysis to be overly burdensome. The NTIA 
and the FCC should provide a summary description of the burdens 
of expanding the inventory to additional spectrum and any 
corresponding benefits. The cost of conducting an expanded 
inventory may include the burden on resources or personnel or 
significant national security and public safety concerns. The 
benefit may include the extent to which there is potential 
value in other commercial or government use of the spectrum 
above 3.7 GHz in light of currently available technologies to 
use such frequencies, or the extent to which relocation leads 
to more efficient uses of spectrum by the relocated users. The 
agencies are not required to provide a band-by-band cost-
benefit analysis.
    New section 119(d) directs the NTIA and the FCC to make all 
reasonable efforts to maintain and update the information in 
the inventory on a quarterly basis, including information 
regarding transfer, auction, or change in a permanent 
assignment of a license.
    New section 119(e) allows a federal executive branch agency 
head to withhold from public disclosure information the head of 
the agency determines would be detrimental to national 
security, homeland security, or public safety if released 
publicly. Under this provision, the head of the executive 
agency would determine whether public disclosure of certain 
information would reveal classified national security 
information or other information for which there is a legal 
basis for nondisclosure (such as an exemption from disclosure 
under the Freedom of Information Act) and such public 
disclosure would be detrimental to national security, homeland 
security, or public safety. The head of an executive branch 
agency should follow the same procedures with regard to 
information held by a licensee of non-federal spectrum that has 
entered into a service arrangement with an executive branch 
agency or otherwise allows the executive agency access to non-
federal spectrum for governmental purposes. A licensee of non-
federal spectrum seeking to utilize the national security 
mechanisms of this subsection must seek invocation of this 
exception from the appropriate executive branch agency with 
expertise in the core business functions and operations of the 
licensee.
    The agency head must provide to the NTIA the publicly 
releasable information, a summary description of the 
information being withheld from public disclosure, and an annex 
that will be provided to Congress containing the information to 
be withheld from public disclosure. The agency head must also 
include descriptions of the activities, capabilities, 
functions, or missions supported by the information being 
withheld. A licensee of non-federal spectrum may also seek a 
waiver from the FCC for the purpose of withholding from public 
disclosure information that would be detrimental to public 
safety or the disclosure of which is otherwise prohibited by 
law, but the licensee must justify the exemption before the FCC 
and shall provide clear and convincing evidence to support such 
an exemption. The licensee must similarly provide the FCC with 
a summary and annex that will be provided to Congress.
    Under new section 119(e)(4), prior to the release of the 
inventory, the inventory reports to Congress, or the updates to 
the inventory, the NTIA and the FCC are required to consult 
with the National Security Council for a period not to exceed 
30 days. The Committee intends for this review process to allow 
the National Security Council to determine whether the release 
of aggregated information required for the spectrum inventory, 
subsequent reports to Congress, or updates might disclose 
information publicly that would be detrimental to national 
security, homeland security, or public safety. In consulting 
with the National Security Council, the NTIA and the FCC shall 
follow the national security procedures established elsewhere 
in subsection (e) for the treatment of any information to be 
classified or withheld under (e)(4). The Committee expects any 
such review by the National Security Council to be completed 
within the statutorily prescribed 30-day period.
    It is the intention of the Committee that any release of 
classified information provided to the NTIA and Congress under 
subsection (e) will adhere to well-established procedures 
regarding the treatment of classified information. It is the 
intention of the Committee that only individuals with the 
appropriate security clearances will have access to such 
information.
    In preparing the spectrum inventory and any recommendations 
about future spectrum reallocations, the NTIA and the FCC 
should take into account the critical importance of spectrum to 
the military during training and operations and during 
conflicts, and should consider that spectrum is vital to 
mission effectiveness. The NTIA and the FCC should also 
recognize that spectrum is fundamental to the range of military 
operations, and spectrum availability is essential to existing 
and emerging technologies in electronic warfare, network-
centric operations, communications systems, satellite 
resources, and multi-spectral sensors.
    New section 119(f) instructs the NTIA and the FCC to 
continue to follow their rules and practice regarding the 
protection of confidential and proprietary information in 
implementing this Act. This provision also clarifies that 
nothing in this subsection shall be construed to compel the FCC 
to make publicly available any confidential or proprietary 
information. The Committee recognizes that compiling data 
pursuant to this Act may involve the use of competitively 
sensitive, confidential, or proprietary information. It 
therefore expects that the NTIA and the FCC will take all 
necessary steps to protect from disclosure any information that 
has been or is submitted to them on a confidential basis and to 
which the agencies' existing rules and practice would afford 
protection from public disclosure. The NTIA and the FCC should 
also ensure that no such information is disclosed on the 
centralized portal or Web site. Thus, pursuant to new 
subsection (f), submission of confidential or proprietary 
information by a non-federal user would be governed by the 
Commission's existing rules and practice applicable to such 
information.

                        Explanation of Amendment

    During full Committee consideration of H.R. 3125, an 
amendment in the nature of a substitute was offered by 
Subcommittee Chairman Boucher. This substitute amendment was 
adopted by a voice vote. Among other changes, the substitute 
amendment (1) separates the relocation recommendations of the 
NTIA and the FCC from the biennial inventory report and creates 
a separate quadrennial report for such recommendations; (2) 
moves the cost-benefit analysis required of the NTIA and the 
FCC for not expanding the inventory to 10 GHz until the third 
inventory report; (3) specifies that the inventory update and 
maintenance requirement shall occur on a quarterly basis, 
rather than every time a license changes hands; and (4) changes 
the national security section to remove the ``national 
security'' and ``homeland security'' exemptions from the FCC 
waiver process and to require the agencies to consult with the 
National Security Council prior to any public release of the 
information. The agencies may seek exemptions based on national 
security, homeland security, and public safety not only for 
information held by the agencies, but also for information held 
by licensees of non-federal spectrum.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
ACT

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TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

           *       *       *       *       *       *       *

PART B--TRANSFER OF AUCTIONABLE FREQUENCIES

           *       *       *       *       *       *       *

SEC. 119. SPECTRUM INVENTORY.

  (a) Radio Spectrum Inventory.--In order to promote the 
efficient use of the electromagnetic spectrum, the NTIA and the 
Commission shall coordinate and carry out each of the following 
activities not later than 1 year after the date of enactment of 
this section:
          (1) Except as provided in subsection (e), create an 
        inventory of each radio spectrum band of frequencies 
        listed in the United States Table of Frequency 
        Allocations, from 225 megahertz to, at a minimum, 3.7 
        gigahertz, and to 10 gigahertz unless the NTIA and the 
        Commission determine that the burden of expanding the 
        inventory outweighs the benefit, that includes--
                  (A) the radio services authorized to operate 
                in each band of frequencies;
                  (B) the identity of each Federal or non-
                Federal user within each such radio service 
                authorized to operate in each band of 
                frequencies;
                  (C) the activities, capabilities, functions, 
                or missions (including whether such activities, 
                capabilities, functions, or missions are space-
                based, air-based, or ground-based) supported by 
                the transmitters, end-user terminals or 
                receivers, or other radio frequency devices 
                authorized to operate in each band of 
                frequencies;
                  (D) the total amount of spectrum, by band of 
                frequencies, assigned or licensed to each 
                Federal or non-Federal user (in percentage 
                terms and in sum) and the geographic areas 
                covered by their respective assignments or 
                licenses;
                  (E) the approximate number of transmitters, 
                end-user terminals or receivers, or other radio 
                frequency devices authorized to operate, as 
                appropriate to characterize the extent of use 
                of each radio service in each band of 
                frequencies;
                  (F) an approximation of the extent to which 
                each Federal or non-Federal user is using, by 
                geography, each band of frequencies, such as 
                the amount and percentage of time of use, 
                number of end users, or other measures as 
                appropriate to the particular band and radio 
                service; and
                  (G) to the greatest extent possible--
                          (i) contour maps or other information 
                        that illustrate the coverage area, 
                        receiver performance, and other 
                        parameters relevant to an assessment of 
                        the availability of spectrum in each 
                        band;
                          (ii) for each band or range of 
                        frequencies, the identity of each 
                        entity offering unlicensed services and 
                        the types and approximate number of 
                        unlicensed intentional radiators 
                        verified or certified by the Commission 
                        that are authorized to operate; and
                          (iii) for non-Federal users, any 
                        commercial names under which 
                        facilities-based service is offered to 
                        the public using the spectrum of the 
                        non-Federal user, including the 
                        commercial names under which the 
                        spectrum is being offered through 
                        resale.
          (2) Except as provided in subsection (e), create a 
        centralized portal or Web site to make the inventory of 
        the bands of frequencies required under paragraph (1) 
        available to the public.
  (b) Use of Agency Resources.--In creating the inventory 
described in subsection (a)(1), the NTIA and the Commission 
shall first use agency resources, including existing databases, 
field testing, and recordkeeping systems, and only request 
information from Federal and non-Federal users if such 
information cannot be obtained using such agency resources.
  (c) Reports.--
          (1) In general.--Except as provided in subsection 
        (e), not later than 2 years after the date of enactment 
        of this section and biennially thereafter, the NTIA and 
        the Commission shall submit a report to the Committee 
        on Commerce, Science, and Transportation of the Senate 
        and to the Committee on Energy and Commerce of the 
        House of Representatives containing--
                  (A) the results of the inventory created 
                under subsection (a)(1), including any update 
                to the information in the inventory pursuant to 
                subsection (d);
                  (B) a description of any information the NTIA 
                or the Commission determines is necessary for 
                such inventory but that is unavailable; and
                  (C) a description of any information not 
                provided by any Federal or non-Federal user in 
                accordance with subsections (e)(1)(B)(ii) and 
                (e)(2)(C)(ii).
          (2) Relocation report.--
                  (A) In general.--Except as provided in 
                subsection (e), the NTIA and the Commission 
                shall submit a report to the Committee on 
                Commerce, Science, and Transportation of the 
                Senate and the Committee on Energy and Commerce 
                of the House of Representatives containing a 
                recommendation of which spectrum, if any, 
                should be reallocated or otherwise made 
                available for shared access and an explanation 
                of the basis for that recommendation.
                  (B) Deadlines.--The report required under 
                subparagraph (A) shall be submitted not later 
                than 4 years after the date of enactment of 
                this section and every 4 years thereafter.
          (3) Inventory report.--If the NTIA and the Commission 
        have not conducted an inventory under subsection (a) to 
        10 gigahertz at least 90 days before the third report 
        required under paragraph (1) is submitted, the NTIA and 
        the Commission shall include an evaluation in such 
        report and in every report thereafter of whether the 
        burden of expanding the inventory to 10 gigahertz 
        outweighs the benefit until such time as the NTIA and 
        the Commission have conducted the inventory to 10 
        gigahertz.
  (d) Maintenance and Updating of Information.--After the 
creation of the inventory required by subsection (a)(1), the 
NTIA and the Commission shall make all reasonable efforts to 
maintain and update the information required under such 
subsection on a quarterly basis, including when there is a 
transfer or auction of a license or a change in a permanent 
assignment or license.
  (e) National Security and Public Safety Information.--
          (1) Nondisclosure.--
                  (A) In general.--If the head of an executive 
                agency of the Federal Government determines 
                that public disclosure of certain information 
                held by that agency or a licensee of non-
                Federal spectrum and required by subsection 
                (a), (c), or (d) would reveal classified 
                national security information or other 
                information for which there is a legal basis 
                for nondisclosure and such public disclosure 
                would be detrimental to national security, 
                homeland security, or public safety, the agency 
                head shall notify the NTIA of that 
                determination and shall include descriptions of 
                the activities, capabilities, functions, or 
                missions (including whether they are space-
                based, air-based, or ground-based) supported by 
                the information being withheld.
                  (B) Information provided.--The agency head 
                shall provide to NTIA--
                          (i) the publicly releasable 
                        information required by subsection 
                        (a)(1);
                          (ii) to the maximum extent 
                        practicable, a summary description, 
                        suitable for public release, of the 
                        classified national security 
                        information or other information for 
                        which there is a legal basis for 
                        nondisclosure; and
                          (iii) a classified annex, under 
                        appropriate cover, containing the 
                        classified national security 
                        information or other information for 
                        which there is a legal basis for 
                        nondisclosure that the agency head has 
                        determined must be withheld from public 
                        disclosure.
          (2) Public safety nondisclosure.--
                  (A) In general.--If a licensee of non-Federal 
                spectrum determines that public disclosure of 
                certain information held by that licensee and 
                required to be submitted by subsection (a), 
                (c), or (d) would reveal information for which 
                public disclosure would be detrimental to 
                public safety, or the licensee is otherwise 
                prohibited by law from disclosing the 
                information, the licensee may petition the 
                Commission for a partial or total exemption 
                from inclusion on the centralized portal or Web 
                site under subsection (a)(2) and in the report 
                required by subsection (c).
                  (B) Burden.--The licensee seeking an 
                exemption under this paragraph bears the burden 
                of justifying the exemption and shall provide 
                clear and convincing evidence to support such 
                an exemption.
                  (C) Information required.--If an exemption is 
                granted under this paragraph, the licensee 
                shall provide to the Commission--
                          (i) the publicly releasable 
                        information required by subsection 
                        (a)(1) for the inventory;
                          (ii) to the maximum extent 
                        practicable, a summary description, 
                        suitable for public release, of the 
                        information for which public disclosure 
                        would be detrimental to public safety 
                        or the licensee is otherwise prohibited 
                        by law from disclosing; and
                          (iii) an annex, under appropriate 
                        cover, containing the information that 
                        the Commission has determined should be 
                        withheld from public disclosure.
          (3) Additional disclosure.--The annexes required 
        under paragraphs (1)(B)(iii) and (2)(C)(iii) shall be 
        provided to the congressional committees listed in 
        subsection (c), but shall not be disclosed to the 
        public under subsection (a) or subsection (d) or 
        provided to any unauthorized person through any other 
        means.
          (4) National security council consultation.--Prior to 
        the release of the inventory under subsection (a), any 
        updates to the inventory resulting from subsection (d), 
        or the submission of a report under subsection (c)(1), 
        the NTIA and the Commission shall consult with the 
        National Security Council for a period not to exceed 30 
        days for the purposes of determining what additional 
        information, if any, shall be withheld from the public.
  (f) Proprietary Information.--In creating and maintaining the 
inventory, centralized portal or Web site, and reports under 
this section, the NTIA and the Commission shall follow their 
rules and practice regarding confidential and proprietary 
information. Nothing in this subsection shall be construed to 
compel the Commission to make publicly available any 
confidential or proprietary information.

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