U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–159 

Calendar No. 309 

RADIO SPECTRUM INVENTORY ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 649 

MARCH 9, 2010.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK L. PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK R. WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Acting Republican Staff Director 

BRIAN HENDRICKS, Republican General Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 309 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–159 

RADIO SPECTRUM INVENTORY ACT 

MARCH 9, 2010.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 649] 

The Committee on Commerce, Science, and Transportation, to which was referred the bill (S. 649) to require an inventory of radio 

spectrum bands managed by the National Telecommunications and 

Information Administration (NTIA) and the Federal Communications Commission (FCC), having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) 

and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 649, the Radio Spectrum Inventory Act, as re- ported, is to require the NTIA and the FCC to biennially inventory 

how the spectrum each agency manages is utilized and to make 

this information available to the public. 

BACKGROUND AND NEEDS

Radio spectrum is a scarce, but valuable resource. As an increasing amount of the nation’s communications migrates to wireless 

formats, it is important to survey how spectrum is presently allocated and used. Doing so will help policymakers identify ways to 

develop more efficient uses of spectrum in order to expand wireless 

service for new and innovative uses for consumers, businesses, and 

the government. The NTIA is the Executive Branch agency principally responsible for domestic and international telecommunications and information 

policy. It is specifically charged with managing the Federal government’s use of radio spectrum. The FCC is an independent government agency established by the Communications Act of 1934, 


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charged with regulating interstate and international communications. It is responsible for both auctioning and licensing spectrum 

that is identified for commercial and non-commercial uses that do 

not involve the Federal government. By sharing responsibility for 

inventorying existing spectrum users and licensees, the NTIA and 

the FCC will be able to develop a comprehensive picture of spectrum use in this country. 

SUMMARY OF PROVISIONS

S. 649, the Radio Spectrum Inventory Act, would amend the 

Communications Act of 1934 to require the NTIA and the FCC, in 

consultation with the Office of Science and Technology Policy, to biennially inventory each radio spectrum band managed by the NTIA 

and the FCC, at a minimum, between 300 megahertz and 3.5 

gigahertz, including information on the licenses or government 

users assigned in the band, the total spectrum allocation of each 

licensee or government user, the number of deployed international 

and end-user intentional radiators, and, if available, additional information. 

The bill would require the NTIA and the FCC to create a centralized portal or website to make the inventory of the bands available 

to the public via an Internet-accessible website. The bill would direct the agencies to make all necessary efforts to maintain and update the portal or website in near real-time fashion and whenever 

there is a transfer or auction of licenses or change in allocation or 

assignment. 

The bill also would allow a commercial licensee or government 

user to petition the agencies for a partial or total exemption from 

being included in the information posted on the Internet. The bill 

would instruct the NTIA or the FCC to grant such an exemption 

only to the extent that the agency determines that disclosure of the 

information would be harmful to national security. 

LEGISLATIVE HISTORY

The Radio Spectrum Inventory Act (S. 649) was introduced by 

Senators Kerry, Snowe, Bill Nelson, and Wicker on March 19, 

2009, and referred to the Senate Committee on Commerce, Science, 

and Transportation. The bill is also cosponsored by Senators 

Hutchison, Klobuchar, Pryor, Thune, and Warner. On July 8, 2009, 

the Committee considered the bill in an open Executive Session. 

The Committee adopted an amendment in the nature of a substitute and ordered the bill reported by voice vote. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 


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JULY 28, 2009. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has pre- pared the enclosed cost estimate for S. 649, 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. 

S. 649—Radio Spectrum Inventory Act 

Summary: S. 649 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 180 days 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 S. 649 would cost $22 million over the 2010–2014 period, assuming appropriation of the necessary amounts. CBO estimates that enacting S. 649 would not affect direct spending or revenues. 

S. 649 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 S. 649 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— 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .......................................... 8 4 4 4 4 24 

Estimated Outlays ............................................................ 6 4 4 4 4 22 

Basis of estimate: For this estimate, CBO assumes the bill will 

be enacted near the end of fiscal year 2009 and that the necessary 

amounts will be appropriated each year. 

S. 649 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 180 days of enactment of the bill and would be updated at 

least every two years. The bill also would require the agencies to 

make the results of the inventory available to the public on the 

Internet and to update that information as changes occur. 

Based on information from NTIA and FCC, CBO estimates that 

implementing S. 649 would cost $22 million over the 2010–2014 peVerDate Nov 24 2008 03:51 Mar 10, 2010 Jkt 089008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR159.XXX SR159

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riod, assuming appropriation of the necessary amounts. Most of 

that cost would be incurred to update the databases that track information about the users of each spectrum band and to develop an 

Internet-based system to present up-to-date information to the public. 

Intergovernmental and private-sector impact: S. 649 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimate prepared by: Federal costs: Susan Willie; Impact on 

state, local, and tribal governments: Elizabeth Cove Delisle; Impact 

on the private sector: Jacob Kuipers. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 649 would require the NTIA and the FCC to conduct an inventory of the license holders and users of certain frequencies of the 

radio broadcast spectrum. The bill affects businesses and individuals who are license holders in such spectrum bands. 

ECONOMIC IMPACT

S. 649 would not have an adverse impact on the nation’s economy. 

PRIVACY

The reported bill would not have an adverse impact on the personal privacy of U.S. citizens. 

PAPERWORK

The reported bill should not significantly increase paperwork requirements for individuals or businesses, although it may be necessary for the FCC to request additional information from license 

holders to conduct the report required by the bill. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

Section 1 would provide that the legislation may be cited as the 

Radio Spectrum Inventory Act. 


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Section 2. Spectrum Inventory. 

Section 2 would amend Part I of Title III of the Communications 

Act of 1934 by adding a new section 342. 

New subsection 342(a)(1) would require the NTIA and the FCC 

to conduct a report that includes an inventory of each radio spectrum band, at a minimum, from 300 megahertz to 3.5 gigahertz, 

managed by each agency. 

New subsections 342(a)(1)(A)–(C) would specify that the report 

should include the licenses or government users assigned to the 

band, the total spectrum allocation, by band, of each licensee or 

government user in percentage and in total, and the number of intentional radiators and end-user intentional radiators that have 

been deployed in the band with each license or government user. 

New subsection 342(a)(1)(D) also would direct the FCC and NTIA 

to include in the report, if such information is available, the type 

of intentional radiators operating in the band, the type of unlicensed intentional radiators authorized to operate in the band, contour maps that illustrate signal coverage and strength, and the approximate geo-location of base stations or fixed transmitters. 

New subsection 342(a)(2) would require the NTIA and the FCC 

to create a centralized portal or website and make the inventory of 

the spectrum bands available to the public via an Internet-accessible website. 

New subsection 342(a)(3) would require the NTIA and the FCC 

to continue to maintain and update the publically-available information in near real-time fashion and whenever there is a transfer 

or auction of licenses or change in allocation or assignment. 

New subsection 342(a)(4) would require the NTIA and the FCC 

to submit the report to the Senate Committee on Commerce, 

Science, and Transportation and the House Committee on Energy 

and Commerce. 

New subsection 342(b) would allow a licensee or government user 

of spectrum to petition the NTIA or the FCC for a partial or total 

exemption from inclusion on the website and in the report required 

by subsection (a). New subsection 342(b) would instruct the NTIA 

or the FCC to grant such an exemption only to the extent that the 

agency determines that disclosure of the information would be 

harmful to national security. New subsection 342(b) also would 

specify that any such exemption shall expire after two years unless 

the licensee or government user seeks and obtains an extension. 

New subsection 342(b) would further require that any information 

that is excluded from public disclosure pursuant to an exemption 

be compiled and reported to the committees of Congress described 

in subsection (a)(4) on a confidential basis. 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

[47 U.S.C. 301 et seq.] 

SEC. 342. SPECTRUM INVENTORY. 

(a) RADIO SPECTRUM INVENTORY.—Not later than 180 days after the date of enactment of this section, and biennially thereafter, the 

National Telecommunications and Information Administration and 

the Federal Communications Commission, in consultation with the 

Office of Science and Technology Policy, shall carry out each of the 

following activities: (1) Conduct a report that includes an inventory of each radio spectrum band, at a minimum, from 300 Megahertz to 3.5 

Gigahertz, managed by each such agency. Such report shall include— 

(A) the licenses or government user assigned in the band; 

(B) the total spectrum allocation, by band, of each li- censee or government user (in percentage terms and in 

sum); 

(C) the number of intentional radiators and end-user intentional radiators that have been deployed in the band 

with each license or government user; and (D) if such information is available— 

(i) the type of intentional radiators operating in the band; 

(ii) the type of unlicensed intentional radiators au- thorized to operate in the band; (iii) contour maps that illustrate signal coverage and strength; and (iv) the approximate geo-location of base stations or fixed transmitters. 

(2) Create a centralized portal or website utilized by each such agency to make the inventory of the bands of such agency 

available to the public via an Internet-accessible website. (3) Make all necessary efforts to maintain and update the in- formation required under paragraph (2) in near real-time fashion and whenever there is a transfer or auction of licenses or 

change in allocation or assignment. (4) Submit the report required under paragraph (1) to the 

Committee on Commerce, Science, and Transportation of the 

Senate and to the Committee on Energy and Commerce of the 

House of Representatives. 

(b) NATIONAL SECURITY EXEMPTION.—A licensee or government 

user of spectrum may petition the Commission or the National Telecommunications and Information Administration for a partial or 

total exemption from inclusion on the website and in the report required by subsection (a). Such an exemption may be granted only 

to the extent that each such agency determines that disclosure of 


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such information would be harmful to the national security of the 

United States. The licensee or government user seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support 

such an exemption. Any such exemption shall apply only for 2 years 

and shall expire upon the end of such 2-year period unless the licensee or government user seeks and obtains an extension in accordance with this subsection. Any information that is excluded from 

public disclosure pursuant to this subsection shall still be compiled 

and reported to the Committees of Congress described in subsection 

(a)(4) on a confidential basis. 

fi 


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