II 

112TH CONGRESS 

1ST SESSION S. 455 

To promote development and opportunity with regards to spectrum occupancy 

and use, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2011 

Ms. SNOWE (for herself and Mr. KERRY) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To promote development and opportunity with regards to 

spectrum occupancy and use, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Reforming Airwaves by Developing Incentives and Op6 portunistic Sharing Act’’ or the ‘‘RADIOS Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Spectrum inventory. 

Sec. 4. Spectrum survey and measurement study. 


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Sec. 5. Spectrum analysis and utilization study. 

Sec. 6. Relocation cost-benefit analysis. 

Sec. 7. Spectrum relocation fund modifications. 

Sec. 8. Spectrum efficiency through receiver standards. 

Sec. 9. Spectrum auctions. 

Sec. 10. General spectrum management. 

Sec. 11. Promoting Wi-Fi and wireless facilities deployment. 

1 SEC. 2. DEFINITIONS. 

2 As used in this Act— 

3 (1) the term ‘‘Commission’’ means the Federal 

4 Communications Commission; 

5 (2) the term ‘‘licensee’’ means the holder of a 

6 license granted for the operation of a broadcasting 

7 station pursuant to section 307 of the Communica8 tions Act of 1934 (47 U.S.C. 307); 

9 (3) the term ‘‘National Academies’’ means the 

10 National Academy of Sciences, the National Acad11 emy of Engineering, the Institute of Medicine, and 

12 the National Research Council; 

13 (4) the term ‘‘NTIA’’ means the National Tele14 communications and Information Administration; 

15 (5) the term ‘‘spectrum sharing’’ means the 

16 temporary use by a secondary user of unused spec17 trum in a band at a geographical location licensed 

18 to a primary user during idle periods of the primary 

19 license use; 

20 (6) the term ‘‘spectrum reuse’’ means the tem21 porary use by a secondary user of unused spectrum 


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1 in a band at a geographical location where there is 

2 no primary licensed user; 

3 (7) the term ‘‘temporary dynamic short-term 

4 use’’— 

5 (A) means the assignment of a temporary 

6 spectrum license to a user that is not the in7 cumbent licensee for the use of spectrum in a 

8 given band and specified location for a short pe9 riod of time in which the spectrum will be unoc10 cupied or in which the incumbent licensee tem11 porarily relinquishes rights to use; and 

12 (B) includes short-term spectrum sharing 

13 and short-term spectrum reuse; and 

14 (8) the term ‘‘spectrum layering’’ means the 

15 temporary use by a secondary user of unused spec16 trum in a band at an altitudinal level where there 

17 is no primary user or during idle periods of the pri18 mary license use. 

19 SEC. 3. SPECTRUM INVENTORY. 

20 (a) AMENDMENT TO COMMUNICATIONS ACT.—Part 

21 I of title III of the Communications Act of 1934 (47 

22 U.S.C. 301 et seq.) is amended by adding at the end the 

23 following: 


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1 ‘‘SEC. 342. SPECTRUM INVENTORY. 

2 ‘‘(a) RADIO SPECTRUM INVENTORY.—Not later than 

3 180 days after the date of enactment of the RADIOS Act, 

4 and biennially thereafter, the Commission, in consultation 

5 with the NTIA and the Office of Science and Technology 

6 Policy, shall carry out the following activities: 

7 ‘‘(1) REPORT.—Prepare a report that includes 

8 an inventory of each radio spectrum band, from 300 

9 megahertz to 6.5 gigahertz, at a minimum, managed 

10 by each such agency. Except as provided in sub11 section (b), the report shall include— 

12 ‘‘(A) the licensee or Federal Government 

13 user authorized in the band; 

14 ‘‘(B) the total spectrum authorized for 

15 each licensee or Federal Government user (in 

16 percentage terms and in sum) in the band; 

17 ‘‘(C) the approximate number of transmit18 ters, end-user terminals, or receivers, excluding 

19 unintended radiators, that have been deployed 

20 or authorized, for each licensee or Federal Gov21 ernment user, in the band; and 

22 ‘‘(D) if such information is available— 

23 ‘‘(i) the type of transmitters, end-user 

24 terminals, or receivers, excluding unin25 tended radiators, operating in the band 


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1 and whether they are space-, air-, or 

2 ground-based; 

3 ‘‘(ii) the type of transmitters, end4 user terminals, or receivers, excluding un5 intended radiators, authorized to operate 

6 in the band and whether they are space-, 

7 air-, or ground-based; 

8 ‘‘(iii) contour maps or other informa9 tion that illustrate the coverage area, re10 ceiver performance, and other parameters 

11 relevant to an assessment of the avail12 ability of spectrum in each band; 

13 ‘‘(iv) the approximate geo-location of 

14 base stations or fixed transmitters; 

15 ‘‘(v) the approximate extent of use, by 

16 geography, of each band of frequencies, 

17 such as the amount and percentage of time 

18 of use, number of end-users, or other 

19 measures as appropriate to the particular 

20 band; 

21 ‘‘(vi) the activities, capabilities, func22 tions, or missions supported by the trans23 mitters, end-user terminals, or receivers; 

24 and 


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1 ‘‘(vii) the types of unlicensed devices 

2 authorized to operate in the band. 

3 ‘‘(2) PUBLIC ACCESS.—Create a centralized 

4 portal or Web site utilizing data from the Commis5 sion and the NTIA to make a centralized inventory 

6 of the bands of each agency available to the public 

7 via an Internet-accessible and searchable Web site. 

8 ‘‘(3) UPDATES.—Make all reasonable efforts to 

9 maintain and update the information required under 

10 paragraph (2) no less frequently than quarterly to 

11 reflect, at a minimum, any transfer or auction of li12 censes or change in allocation, assignment, or au13 thorization. 

14 ‘‘(4) FCC TO BEAR COSTS.—Notwithstanding 

15 any other provision of law, all costs incurred by the 

16 Commission and the NTIA in establishing and main17 taining the centralized inventory and the centralized 

18 portal or Web site shall be borne exclusively by the 

19 Commission. 

20 ‘‘(b) NATIONAL SECURITY; CLASSIFIED INFORMA21 TION.— 

22 ‘‘(1) IN GENERAL.—If the head of a Federal 

23 agency determines that disclosure of information re24 quired by subsection (a) would be harmful to the naVerDate Mar 15 2010 05:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S455.IS S455

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1 tional security of the United States, the agency 

2 shall— 

3 ‘‘(A) notify the NTIA of its determination; 

4 and 

5 ‘‘(B) provide to the NTIA— 

6 ‘‘(i) the other publicly releasable infor7 mation required by subsection (a); 

8 ‘‘(ii) to the maximum extent prac9 ticable, a summary description of the infor10 mation with respect to which the deter11 mination was made; and 

12 ‘‘(iii) an annex containing the infor13 mation with respect to which the deter14 mination was made. 

15 ‘‘(2) CLASSIFIED INFORMATION.—If the head 

16 of a Federal agency determines that any information 

17 required by subsection (a) is classified in accordance 

18 with Executive Order 13526 of December 29, 2009, 

19 or any successor Executive Order establishing or 

20 modifying the uniform system for classifying, safe21 guarding, and declassifying national security infor22 mation, the agency shall— 

23 ‘‘(A) notify the NTIA of its determination; 

24 and 

25 ‘‘(B) provide to the NTIA— 


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1 ‘‘(i) the information required by sub2 section (a)(1) that is not classified; 

3 ‘‘(ii) to the maximum extent prac4 ticable, a summary description of the infor5 mation that is classified; and 

6 ‘‘(iii) an annex containing the infor7 mation that is classified. 

8 ‘‘(3) ANNEX RESTRICTION.—The NTIA shall 

9 make an annex described in paragraph (1)(B)(iii) or 

10 (2)(B)(iii) available to the Commission. Neither the 

11 NTIA nor the Commission may make any such 

12 annex available to the public pursuant to subsection 

13 (a)(2) or to any unauthorized person through any 

14 other means. 

15 ‘‘(c) PUBLIC SAFETY NONDISCLOSURE.— 

16 ‘‘(1) IN GENERAL.—If a licensee of non-Federal 

17 spectrum determines that public disclosure of certain 

18 information held by that licensee and required to be 

19 included in the report under subsection (a) would re20 veal information for which public disclosure would be 

21 detrimental to public safety, or that the licensee is 

22 otherwise prohibited by law from disclosing, the li23 censee may petition the Commission for a partial or 

24 total exemption from inclusion on the centralized 


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1 portal or Web site under subsection (a)(2) and in 

2 the reports required under subsection (d). 

3 ‘‘(2) BURDEN.—A licensee seeking an exemp4 tion under this subsection bears the burden of justi5 fying the exemption and shall provide clear and con6 vincing evidence to support the requested exemption. 

7 ‘‘(3) INFORMATION REQUIRED.—If the Com8 mission grants an exemption under this subsection, 

9 the licensee shall provide to the Commission— 

10 ‘‘(A) the publicly releasable information re11 quired by subsection (a)(1) for the inventory; 

12 ‘‘(B) to the maximum extent practicable, a 

13 summary description, suitable for public re14 lease, of the information for which public disclo15 sure would be detrimental to public safety or 

16 that the licensee is prohibited by law from dis17 closing; and 

18 ‘‘(C) an annex, under appropriate cover, 

19 containing the information that the Commission 

20 has determined should be withheld from public 

21 disclosure. 

22 ‘‘(d) INFORMING THE CONGRESS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (3), the NTIA and the Commission shall subVerDate Mar 15 2010 05:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S455.IS S455

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1 mit each report required by subsection (a)(1) to the 

2 appropriate Congressional committees. 

3 ‘‘(2) NONDISCLOSURE OF ANNEXES.—Each 

4 such report shall be submitted in unclassified form, 

5 but may include one or more annexes as provided for 

6 by subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and 

7 (c)(3)(C). No Congressional committee may make 

8 any such annex available to the public or to any un9 authorized person. 

10 ‘‘(3) CLASSIFIED ANNEXES.—If a report in11 cludes a classified annex as provided for by sub12 section (b)(2)(B)(iii), the NTIA and the Commission 

13 shall— 

14 ‘‘(A) submit the classified annex only to 

15 the appropriate Congressional committees with 

16 primary oversight jurisdiction for the user agen17 cies or licensees concerned; and 

18 ‘‘(B) provide notice of the submission to 

19 the other appropriate Congressional commit20 tees. 

21 ‘‘(e) DEFINITIONS.—In this section: 

22 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘appropriate Congressional com24 mittees’ means the Committee on Commerce, 

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1 mittee on Energy and Commerce of the House of 

2 Representatives, and any other congressional com3 mittee with primary oversight jurisdiction for the 

4 user agencies or licensees concerned. 

5 ‘‘(2) NTIA.—The term ‘NTIA’ means the Na6 tional Telecommunications and Information Admin7 istration.’’. 

8 (b) PROGRESS REPORT.—Within 180 days after the 

9 date of enactment of this Act, the Commission and the 

10 NTIA shall provide an update as to the status of the in11 ventory and report required by section 342(a) of the Com12 munications Act of 1934, as added by subsection (a), to 

13 the Senate Committee on Commerce, Science, and Trans14 portation and the House of Representatives Committee on 

15 Energy and Commerce. 

16 SEC. 4. SPECTRUM SURVEY AND MEASUREMENT STUDY. 

17 (a) SURVEY AND STUDY.— 

18 (1) IN GENERAL.—The Commission and the 

19 NTIA shall jointly conduct a study of occupancy on 

20 the electromagnetic spectrum based on the extent of 

21 the use of such spectrum, including the amount and 

22 percentage of spectrum used in the band and the du23 ration and percentage of time such spectrum is in 

24 use. 


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1 (2) EXPERT CONSULTATION.—In carrying out 

2 the study required under paragraph (1), the Com3 mission and the NTIA may consult with the Na4 tional Academies, other agencies, or nongovern5 mental organizations with relevant expertise in de6 veloping appropriate measurement procedures and 

7 systems, data analysis methodologies, or another 

8 other aspect related to the surveying and measure9 ment of electromagnetic spectrum. 

10 (3) REQUIRED CONTENT.—The study required 

11 under paragraph (1) shall— 

12 (A) examine occupancy measurements and 

13 usage patterns on the electromagnetic spectrum 

14 between, at least, 100 megahertz and 10 

15 gigahertz; 

16 (B) record occupancy measurements on the 

17 electromagnetic spectrum in several diverse geo18 graphical locations across the Nation over an 

19 appropriate period of time, as determined joint20 ly by the Commission and the NTIA; 

21 (C) provide band-by-band commentary as 

22 appropriate; 

23 (D) provide an analysis of the interaction 

24 of receivers and transmitters in adjacent fre25 quencies and the impact that such interaction 


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1 has on the respective licensees or users of such 

2 frequencies; and 

3 (E) predict occupancy and usage patterns 

4 from existing licensee and Federal Government 

5 user spectrum data, and correlate such pre6 dictions with the findings made under subpara7 graphs (A) and (B) in order to determine the 

8 accuracy of the data from each agencies’ data9 bases or an inventory of the electromagnetic 

10 spectrum and what additional data, if any, 

11 would be beneficial to collect in the future. 

12 (b) NATIONAL SECURITY; CLASSIFIED INFORMA13 TION.— 

14 (1) IN GENERAL.—If the head of a Federal 

15 agency determines that disclosure of information to 

16 the Commission and the NTIA as part of the study 

17 required by subsection (a) would be harmful to the 

18 national security of the United States, the agency 

19 shall— 

20 (A) notify the Commission and the NTIA 

21 of its determination; and 

22 (B) provide to the Commission and the 

23 NTIA— 

24 (i) the other publicly releasable infor25 mation required by subsection (a); 


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1 (ii) to the maximum extent prac2 ticable, a summary description of the infor3 mation with respect to which the deter4 mination was made; and 

5 (iii) an annex containing the informa6 tion with respect to which the determina7 tion was made. 

8 (2) CLASSIFIED INFORMATION.—If the head of 

9 a Federal agency determines that any information 

10 required to be disclosed as part of the study required 

11 by subsection (a) is classified in accordance with Ex12 ecutive Order 13526 of December 29, 2009, or any 

13 successor Executive Order establishing or modifying 

14 the uniform system for classifying, safeguarding, 

15 and declassifying national security information, the 

16 agency shall— 

17 (A) notify the Commission and the NTIA 

18 of its determination; and 

19 (B) provide to the Commission and the 

20 NTIA— 

21 (i) the information required by sub22 section (a)(3) that is not classified; 

23 (ii) to the maximum extent prac24 ticable, a summary description of the infor25 mation that is classified; and 


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1 (iii) an annex containing the informa2 tion that is classified. 

3 (3) ANNEX RESTRICTION.—Neither the NTIA 

4 nor the Commission may make any annex under this 

5 subsection available to the public pursuant to sub6 section (d)(3) or to any unauthorized person through 

7 any other means. 

8 (c) PUBLIC SAFETY NONDISCLOSURE.— 

9 (1) IN GENERAL.—If a licensee of non-Federal 

10 spectrum determines that public disclosure of certain 

11 information held by that licensee and required to be 

12 included in the study under subsection (a) would re13 veal information for which public disclosure would be 

14 detrimental to public safety, or that the licensee is 

15 otherwise prohibited by law from disclosing, the li16 censee may petition the Commission and the NTIA 

17 for a partial or total exemption from inclusion in the 

18 public report required under subsection (d)(3). 

19 (2) BURDEN.—A licensee seeking an exemption 

20 under this subsection bears the burden of justifying 

21 the exemption and shall provide clear and convincing 

22 evidence to support the requested exemption. 

23 (3) INFORMATION REQUIRED.—If the Commis24 sion and the NTIA grant an exemption under this 


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1 subsection, the licensee shall provide to the Commis2 sion and the NTIA— 

3 (A) the publicly releasable information re4 quired by subsection (a)(3); 

5 (B) to the maximum extent practicable, a 

6 summary description, suitable for public re7 lease, of the information for which public disclo8 sure would be detrimental to public safety or 

9 that the licensee is prohibited by law from dis10 closing; and 

11 (C) an annex, under appropriate cover, 

12 containing the information that the Commission 

13 and the NTIA has determined should be with14 held from public disclosure. 

15 (d) REPORT.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of this Act, the Commission 

18 and the NTIA shall jointly submit a report to the 

19 Committee on Commerce, Science, and Transpor20 tation of the Senate and the Committee on Energy 

21 and Commerce of the House of Representatives that 

22 includes— 

23 (A) the findings of the study required 

24 under subsection (a); and 


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1 (B) recommendations on the feasibility of 

2 promoting alternative types of services or sys3 tems that result in more effective and efficient 

4 use of the electromagnetic spectrum. 

5 (2) NONDISCLOSURE OF ANNEXES.—The report 

6 required under paragraph (1) shall be submitted in 

7 unclassified form, but may include 1 or more an8 nexes as provided for by subsections (b)(1)(B)(iii), 

9 (b)(2)(B)(iii), and (c)(3)(C). Notwithstanding para10 graph (3), no Congressional committee may make 

11 any such annex available to the public or to any un12 authorized person. 

13 (3) PUBLIC AVAILABILITY.—Subject to para14 graph (2), the Commission and the NTIA shall 

15 make publicly available on the Web site of each 

16 agency the report required under paragraph (1). 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Chairman of the 

19 Federal Communications Commission and the Assistant 

20 Secretary at the National Telecommunications and Infor21 mation Administration for carrying out this section 

22 $5,000,000 for fiscal year 2012 and $5,000,000 for fiscal 

23 year 2013. 


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1 SEC. 5. SPECTRUM ANALYSIS AND UTILIZATION STUDY. 

2 (a) DETERMINATION OF UTILIZATION DEFINI3 TION.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Commission 

6 and the NTIA, in consultation with the Office of 

7 Science and Technology Policy and the National Se8 curity Council as needed on frequencies or bands re9 lated to national security, shall determine appro10 priate benchmarks for assessing— 

11 (A) the utilization of each electromagnetic 

12 spectrum band based on the occupancy, activi13 ties, capabilities, functions, and missions sup14 ported in that band, as well as any additional 

15 factors the Commission and the NTIA deem ap16 propriate; and 

17 (B) the availability of similar services oper18 ating in other bands capable of offering substi19 tutable services. 

20 (2) USE OF COMMON METRICS.—The bench21 marks developed under paragraph (1) shall include 

22 a set of common metrics that apply to respective 

23 broad classes of services, allowing comparison of 

24 measurements and analysis in multiple bands pro25 viding similar classes of services across the electro26 magnetic spectrum. 


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1 (b) STUDY ON INTERFERENCE SENSING.— 

2 (1) STUDY AND COMMENT.—Not later than 90 

3 days after the date of enactment of this Act, the 

4 Commission, in consultation with the NTIA, shall 

5 conduct a study and seek public comment on various 

6 means to provide greater predictability in the deter7 mination of harmful interference along the electro8 magnetic spectrum. 

9 (2) REPORT.—Upon completion of the study re10 quired under paragraph (1), the Commission shall 

11 submit a report to the Committee on Commerce, 

12 Science, and Transportation of the Senate and the 

13 Committee on Energy and Commerce of the House 

14 of Representatives that includes— 

15 (A) the findings of the study; and 

16 (B) recommendations for providing such 

17 predictability to both Federal and non-Federal 

18 users. 

19 (c) IDENTIFY SPECTRUM SHARING AND REUSE OP20 PORTUNITIES PILOT PROGRAM.— 

21 (1) IDENTIFICATION.—Not later than 1 year 

22 after the completion of electromagnetic spectrum 

23 survey and measurement study required under sec24 tion 4, the Commission and the NTIA shall identify, 

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1 magnetic spectrum, using the benchmarks estab2 lished under subsection (a), and with the benefit of 

3 public comment— 

4 (A) 80 megahertz below 4 gigahertz worth 

5 of close proximity electromagnetic spectrum 

6 that is most feasible for spectrum sharing op7 portunities for commercial and Federal Govern8 ment users; 

9 (B) 80 megahertz below 4 gigahertz worth 

10 of close proximity electromagnetic spectrum 

11 that is most feasible for spectrum reuse oppor12 tunities for commercial and Federal Govern13 ment users; 

14 (C) 80 megahertz below 4 gigahertz worth 

15 of electromagnetic spectrum that is most fea16 sible for temporary or dynamic short-term as17 signment and use; and 

18 (D) 80 megahertz below 4 gigahertz worth 

19 of close proximity electromagnetic spectrum 

20 that is most feasible for spectrum layering op21 portunities for commercial and Federal Govern22 ment users. 

23 (2) SHARING AND REUSE OPPORTUNITIES

24 PILOT PROGRAM.— 


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1 (A) IN GENERAL.—Not later than 12 

2 months after the time period set forth in para3 graph (1), the Commission and the NTIA shall 

4 jointly establish and implement pilot programs 

5 to advance and promote spectrum sharing and 

6 reuse activities for the bands of spectrum iden7 tified under paragraph (1). 

8 (B) EVALUATION.—The Commission and 

9 the NTIA shall— 

10 (i) utilize the existing Spectrum Shar11 ing Innovation Test-Bed for the evaluation 

12 of the pilot programs established under 

13 subparagraph (A); and 

14 (ii) establish such additional test beds, 

15 as appropriate, to provide effective re16 sources to carry out the determination of 

17 the technical and operational feasibility of 

18 the spectrum sharing and reuse opportuni19 ties identified under paragraph (1) for 

20 both Federal and non-Federal users. 

21 (3) PILOT PROGRAM REPORT AND REC22 OMMENDATION.—Not later than 8 months after the 

23 conclusion of the sharing and reuse opportunities 

24 pilot program established under paragraph (2), the 

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1 port to the Committee on Commerce, Science, and 

2 Transportation of the Senate and the Committee on 

3 Energy and Commerce of the House of Representa4 tives that summarizes the feasibility of such pro5 grams. If the Commission and the NTIA jointly 

6 deem such programs viable, each agency shall begin 

7 to implement similar permanent programs within 18 

8 months after the date on which the report is sub9 mitted. 

10 (d) IDENTIFICATION OF SPECTRUM REALLOCA11 TION.—Not later than 12 months after the adoption of 

12 the utilization benchmarks described under subsection (a), 

13 the Commission and the NTIA shall, based on an analysis 

14 of utilization using such benchmarks and after notice and 

15 opportunity for public comment on such utilization anal16 ysis— 

17 (1) jointly prepare and submit to the President 

18 and the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Energy and Commerce of the House of Representa21 tives a report that identifies, by relevant geographic 

22 area, not less than 200 megahertz of spectrum below 

23 4 gigahertz of the least utilized or most appropriate 

24 blocks of electromagnetic spectrum and an expla25 nation of the basis for that identification; and 


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1 (2) develop a plan, taking into consideration 

2 whether the primary service on a band may be 

3 deemed essential to national security or public safe4 ty, or otherwise determined to serve the public inter5 est, convenience, and necessity, for reallocation of 

6 any entities or services currently operating in the 

7 spectrum described under paragraph (1), along with 

8 an estimate for the costs of relocating such entities 

9 or services to an alternative band of such spectrum. 

10 (e) SPECTRUM REVIEW; LOW-POWER DEVICE HAR11 MONIZATION.— 

12 (1) EXAMINATION.—The Commission and the 

13 NTIA shall jointly examine each radio spectrum 

14 band, from 2.5 GHz to 6 GHz, to determine spec15 trum sharing opportunities for high bandwidth, low16 power applications and services. 

17 (2) FURTHER ACTION.—In carrying out the ex18 amination requirement under paragraph (1), and to 

19 further promote the market for such spectrum shar20 ing opportunities, the Commission and the NTIA 

21 shall, after notice and opportunity for public com22 ment, jointly define coexistence and licensing agree23 ments between primary licensees and secondary 

24 users that seek to enter into a spectrum sharing 

25 agreement. 


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1 SEC. 6. RELOCATION COST-BENEFIT ANALYSIS. 

2 (a) IN GENERAL.—The Commission and the NTIA, 

3 in consultation with the Office of Management and Budg4 et, the Office of Science and Technology Policy, and the 

5 National Security Council, shall perform a cost-benefit 

6 analysis on electromagnetic spectrum relocation opportu7 nities to move certain Federal users and services currently 

8 operating in a specific band of the spectrum to more effi9 cient spectrum bands in order to maximize the social and 

10 economic advantages of the use of such spectrum. 

11 (b) REQUIRED CONSIDERATIONS.—The relocation 

12 analysis required under subsection (a) shall— 

13 (1) include projected overall costs and time14 frames of any potential move; and 

15 (2) be consistent with the processes set forth in 

16 the Commercial Spectrum Enhancement Act (47 

17 U.S.C. 901 note). 

18 (c) SYSTEM UPGRADES.—In bands determined to be 

19 necessary and appropriate for continued primary Federal 

20 use, the NTIA, in consultation with the Commission, shall 

21 determine what, if any, radio system or service upgrades 

22 or other changes could be implemented to enhance spec23 trum efficiency or the ability to share unused co-channel 

24 or adjacent channel capacity on the spectrum with other 

25 agencies or private sector users. 


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1 SEC. 7. SPECTRUM RELOCATION FUND MODIFICATIONS. 

2 (a) RETENTION OF UNUSED FUNDS.—Section 

3 118(d)(3) of the National Telecommunications and Infor4 mation Administration Organization Act (47 U.S.C. 

5 928(d)(3)) is amended by striking ‘‘8 years’’ and inserting 

6 ‘‘20 years’’. 

7 (b) USE OF SPECTRUM RELOCATION FUND FOR

8 PLANNING AND RESEARCH.— 

9 (1) IN GENERAL.—Section 118(c) of the Na10 tional Telecommunications and Information Admin11 istration Organization Act (47 U.S.C. 928) is 

12 amended— 

13 (A) by amending the heading to read as 

14 follows: ‘‘(c) USES OF FUND.—’’; 

15 (B) by striking ‘‘used to pay relocation 

16 costs’’ and inserting the following: ‘‘used— 

17 ‘‘(1) to pay relocation costs’’; 

18 (C) by striking the period at the end and 

19 inserting a semicolon; and 

20 (D) by adding at the end the following: 

21 ‘‘(2) to fund planning and research with the 

22 goal of improving the efficiency of Federal use of 

23 spectrum; and 

24 ‘‘(3) to cover the costs of eligible Federal enti25 ties to upgrade their equipment and facilities as long 

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1 trum sharing, reuse, and layering, result in more ef2 ficient use of spectrum by such entities.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 118(d)(2) of the National Telecommunications and 

5 Information Administration Organization Act (47 

6 U.S.C. 928(d)(3)) is amended after ‘‘subsection’’ by 

7 inserting ‘‘to pay relocation costs’’. 

8 (c) NATIONAL SCIENCE FOUNDATION.—Section 

9 118(e) of the National Telecommunications and Informa10 tion Administration Organization Act (47 U.S.C. 928(e)) 

11 is amended by adding at the end the following: 

12 ‘‘(3) ELIGIBLE FEDERAL ENTITY; NATIONAL

13 SCIENCE FOUNDATION.—For purposes of this sec14 tion, the term ‘eligible Federal entity’ shall be 

15 deemed to include the National Science Foundation. 

16 As an eligible Federal entity the National Science 

17 Foundation may submit to the Director of OMB re18 quests for funds under this section to support spec19 trum research and experimental facilities by the 

20 Foundation, provided that such requests have, in the 

21 determination of the Director of OMB, in consulta22 tion with the NTIA, clear benefits to existing and 

23 future Federal users of spectrum.’’. 

24 (d) AUCTION PROCEEDS DEPOSITED TO SPECTRUM

25 RELOCATION FUND.— 


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1 (1) AMENDMENT TO COMMUNICATIONS ACT.— 

2 Paragraph (8) of section 309(j) of the Communica3 tions Act of 1934 (47 U.S.C. 309(j)) is amended— 

4 (A) by striking ‘‘(B), (D), and (E),’’ in 

5 subparagraph (A) and inserting ‘‘(B), (D), (E), 

6 (F), and (G),’’; and 

7 (B) by inserting at the end the following: 

8 ‘‘(F) INCREASED FUNDING FOR SPECTRUM

9 RELOCATION FUND.—Notwithstanding subpara10 graph (A), and in addition to any proceeds de11 posited in accordance with subparagraph (D), 

12 15 percent of the proceeds (including deposits 

13 and upfront payments from successful bidders) 

14 from the use of any competitive bidding system 

15 under this subsection shall be deposited in the 

16 Spectrum Relocation Fund established under 

17 section 118 of the National Telecommunications 

18 and Information Administration Organization 

19 Act, and shall be available in accordance with 

20 that section.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 118(b) of the National Telecommunications and In23 formation Administration Organization Act (47 

24 U.S.C. 928(b)) is amended by striking ‘‘section 309’’ 

25 and all that follows through the period at the end 


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1 and inserting the following: ‘‘subparagraphs (D) and 

2 (F) of section 309(j)(8) of the Communications Act 

3 of 1934.’’. 

4 (e) CLARIFICATION OF PAYMENT OF RELOCATION

5 COST.—Paragraph (1) of section 118(c) of the National 

6 Telecommunications and Information Administration Or7 ganization Act (47 U.S.C. 928(c)), as so redesignated by 

8 subsection (b)(1), is further amended by striking ‘‘those 

9 frequencies’’ and inserting ‘‘from frequencies that have 

10 been identified and recommended for reallocation’’. 

11 SEC. 8. SPECTRUM EFFICIENCY THROUGH RECEIVER 

12 STANDARDS. 

13 (a) INTERFERENCE REJECTION.—Each transmission 

14 system that employs radio spectrum shall be designed and 

15 operated so that reasonable use of adjacent spectrum does 

16 not excessively impair the functioning of such system. 

17 (b) MANUFACTURERS’ RESPONSIBILITIES.—Manu18 facturers that provide for commercial sale devices, serv19 ices, technologies, products, or applications that are de20 signed to operate on or with any transmission system de21 scribed under subsection (a) shall ensure that such de22 vices, services, technologies, products, or applications com23 ply with the requirements of subsection (a). 

24 (c) LICENSEE AND GOVERNMENT USER RESPON25 SIBILITIES.—Each licensee or approved Federal GovernVerDate Mar 15 2010 05:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S455.IS S455

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1 ment user of radio spectrum shall ensure that any trans2 mission system newly deployed or upgraded by the licensee 

3 or Federal Government user complies with the require4 ments of subsection (a). 

5 (d) EXISTING SYSTEM PROTECTIONS.—Beginning on 

6 the date that is 10 years after the date of enactment of 

7 this Act, a determination that harmful interference exists 

8 may only be made if a transmission system in compliance 

9 with the requirements of subsection (a) encounters, in the 

10 determination of the Commission, unacceptable impair11 ment due to the interfering emission. 

12 (e) INDUSTRY SELF-COMPLIANCE.—A licensee shall 

13 be found to be in compliance with the requirements of sub14 sections (a) through (d) if it utilizes equipment, facilities, 

15 and support services that are in compliance with publicly 

16 available technical requirements or standards relating to 

17 radio-based receivers adopted by either— 

18 (1) an appropriate telecommunications industry 

19 association or standard-setting organization; or 

20 (2) the Commission or the NTIA under sub21 section (f). 

22 (f) AGENCY BACKSTOPS.—If an appropriate tele23 communications industry association or standard-setting 

24 organization fails to issue technical requirements or stand25 ards relating to radio-based receivers in accord with this 


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1 section, or if a Federal Government agency or licensee be2 lieves that such requirements or standards are deficient, 

3 the Federal Government agency or licensee may petition 

4 the Commission or the NTIA to establish, by rule, such 

5 technical requirements or standards for non-Federal or 

6 Federal use, respectively, as prescribed in subsection (g). 

7 (g) INDUSTRY CONSULTATION; TECHNICAL STAND8 ARDS.—If the Commission or the NTIA determines it is 

9 in the public interest to develop any technical require10 ments and standards for radio-based receivers so as to en11 sure their compliance with the requirements of subsections 

12 (a) through (d), the Commission and the NTIA shall— 

13 (1) consult with— 

14 (A) appropriate associations and standard15 setting organizations within the telecommuni16 cations industry; 

17 (B) representatives of users of tele18 communications equipment, facilities, and sup19 port services; and 

20 (C) State utility commissions; and 

21 (2) adopt, as its rules for transmission systems 

22 operating in a specific spectrum band, a proposal 

23 consisting of a publicly available standard that has 

24 been endorsed by a predominance of directly affected 

25 entities, provided the proposal is consistent with 


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1 guidelines established by the Commission or the 

2 NTIA. 

3 (h) VALUATION STUDY.—The Commission and NTIA 

4 shall conduct a cost benefit analysis on the value of im5 proving received standards as it relates to increasing spec6 tral efficiency, improving operation of services in adjacent 

7 frequencies, narrowing the guard bands between adjacent 

8 spectrum use, and improving overall receiver performance 

9 for the end user. 

10 (i) DEFINITION.—For purposes of this section, the 

11 term ‘‘transmission system’’ means any telecommuni12 cations, broadcast, satellite, commercial mobile service, or 

13 other communications system that employs radio spec14 trum. 

15 SEC. 9. SPECTRUM AUCTIONS. 

16 (a) VOLUNTARY INCENTIVE AUCTIONS FOR COMMER17 CIAL LICENSEES.—Section 309(j)(8) of the Communica18 tions Act of 1934 (47 U.S.C. 309(j)(8)), as previously 

19 amended, is further amended by adding at the end the 

20 following: 

21 ‘‘(G) INCENTIVE AUCTIONS; REVENUE

22 SHARING PLAN.— 

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 subparagraph (A), if the Commission de25 termines that it is consistent with the pubVerDate Mar 15 2010 05:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S455.IS S455

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1 lic interest in utilization of the spectrum 

2 for an eligible licensee to relinquish some 

3 or all of its licensed spectrum usage rights 

4 in order to permit the assignment of new 

5 initial licenses or the allocation of spec6 trum for unlicensed use subject to new 

7 service rules, the proceeds from the use of 

8 a competitive bidding system under this 

9 subsection may be shared, in an amount or 

10 percentage determined in the discretion of 

11 the Commission, with any such eligible li12 censee. 

13 ‘‘(ii) ELIGIBLE LICENSEE DEFINED.— 

14 For purposes of this subparagraph, the 

15 term ‘eligible licensee’ means the holder of 

16 any existing license granted for the oper17 ation of an active and operating broad18 casting station pursuant to section 307. 

19 ‘‘(iii) PROHIBITION OF SPECTRUM

20 SPECULATION.—The Commission shall 

21 take such actions, as the Commission 

22 deems necessary, to prohibit speculation 

23 with respect to incentive auctions author24 ized under this subparagraph, including by 

25 prohibiting the acquisition of licenses by a 


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1 third party with the sole intent of relin2 quishing such licenses so that such party 

3 may participate in an incentive auction. 

4 ‘‘(iv) WHITE SPACES.—The Commis5 sion shall carry out incentive auctions 

6 under this subparagraph in a manner that 

7 ensures there continues to be adequate op8 portunity nationwide for unlicensed access 

9 to any spectrum that is the subject of such 

10 an auction. The Commission, in its discre11 tion, may make additional accommodation 

12 for unlicensed use of such spectrum. 

13 ‘‘(v) RULE OF CONSTRUCTION RE14 LATED TO VOLUNTARY NATURE OF PAR15 TICIPATION.—This subparagraph shall not 

16 be construed to require that any eligible li17 censee participate in any activity author18 ized under this subparagraph.’’. 

19 (b) EXTENSION OF AUCTION AUTHORITY.—Section 

20 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

21 309(j)(11)) is amended by striking ‘‘2012’’ and inserting 

22 ‘‘2017’’. 


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1 SEC. 10. GENERAL SPECTRUM MANAGEMENT. 

2 (a) SPECTRUM COORDINATION.—Section 112 of the 

3 National Telecommunications and Information Adminis4 tration Organization Act (47 U.S.C. 922) is amended— 

5 (1) by striking ‘‘The Assistant Secretary’’ and 

6 inserting ‘‘(a) JOINT SPECTRUM PLANNING.—The 

7 Assistant Secretary’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) REPORTING REQUIREMENT.— 

10 ‘‘(1) IN GENERAL.—The Assistant Secretary 

11 and the Chairman shall, on an annual basis, submit 

12 a report to the Committee on Commerce, Science, 

13 and Transportation of the Senate and the Com14 mittee on Energy and Commerce of the House of 

15 Representatives that provides a summary of the bi16 annual meetings required under this section, as well 

17 as the action items, deliverables, and the status of 

18 such action items and deliverables related to the 

19 issues identified in subsection (a). 

20 ‘‘(2) CONTENTS.—The report required under 

21 paragraph (1) shall include— 

22 ‘‘(A) an identification of emerging tech23 nologies and ideas for test-bed programs that 

24 expand opportunities for spectrum sharing by 

25 Federal and non-Federal users, increased public 

26 transparency into spectrum databases, and a 


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1 progress report on reallocation and sharing ef2 forts required by the RADIOS Act; 

3 ‘‘(B) recommended procedures for dispute 

4 resolution between Federal and non-Federal 

5 users; 

6 ‘‘(C) a list of any recommendations made 

7 by the Commerce Spectrum Management Advi8 sory Committee and the status of each such 

9 recommendation; and 

10 ‘‘(D) a score card that includes the amount 

11 of spectrum shared by Federal and non-Federal 

12 users, the geographical extent of coverage, as 

13 well as the number of requests for sharing and 

14 their geographical locations that were rejected 

15 and the reasons for such rejections.’’. 

16 (b) FEASABILITY STUDY ON SPECTRUM INCENTIVE

17 PRICING.— 

18 (1) STUDY.—The Commission and the NTIA 

19 shall jointly conduct a study on the feasability of de20 signing, implementing, and maintaining a system of 

21 spectrum incentive pricing that would promote a 

22 more efficient and effective use of the electro23 magnetic spectrum. If such a system is deemed fea24 sible, the study shall include a proposed model for 

25 such a system. 


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1 (2) USER COMMENTS TO BE SOLICITED.—In 

2 carrying out the study required under paragraph 

3 (1), the Commission and the NTIA shall solicit com4 ments from both Federal and non-Federal spectrum 

5 users, including from any users that may be subject 

6 to usage fees, if any, under any proposed system for 

7 spectrum incentive pricing. 

8 (3) REPORT.—Upon completion of the study re9 quired under paragraph (1), the Commission and 

10 the NTIA shall jointly submit a report to the Com11 mittee on Commerce, Science, and Transportation of 

12 the Senate and the Committee on Energy and Com13 merce of the House of Representatives that in14 cludes— 

15 (A) the findings of the study; and 

16 (B) recommendations on implementing any 

17 proposed system for spectrum incentive pricing. 

18 (c) FEDERAL USERS SPECTRUM INCENTIVES.— 

19 (1) IN GENERAL.—Based upon the common 

20 metrics and benchmarks developed by the NTIA 

21 under section 5(a) or based upon consultation from 

22 independent technical experts, the NTIA shall estab23 lish spectrum efficiency and utilization baselines for 

24 the use of spectrum assigned to each Federal agen25 cy. 


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1 (2) FAILURE OF FEDERAL AGENCIES TO MEET

2 BASELINE.—If a Federal agency fails to meet the 

3 spectrum efficiency and utilization baseline estab4 lished by the NTIA under paragraph (1), the NTIA 

5 shall require the head of such Federal agency to pro6 vide a report and analysis of the costs necessary to 

7 upgrade the telecommunications equipment, facili8 ties, and support services of that agency in order to 

9 for such agency to meet the efficiency and utilization 

10 baseline. 

11 (3) COST REPORT AND ANALYSIS.— 

12 (A) IN GENERAL.—If the NTIA deter13 mines that the cost report and analysis sub14 mitted by a Federal agency under paragraph 

15 (2) is reasonable, the NTIA and the Director of 

16 the Office of Management and Budget shall 

17 provide funds to the head of such Federal agen18 cy to defray such costs. 

19 (B) FAILURE TO SUBMIT.—If a Federal 

20 agency fails to submit the report required under 

21 paragraph (2), the NTIA— 

22 (i) shall withhold all future spectrum 

23 allocation requests of that Federal agency; 

24 and 


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1 (ii) may apply a spectrum incentive 

2 pricing charge, if any system for such pric3 ing is implemented pursuant to subsection 

4 (b), for use of the spectrum currently as5 signed to that Federal agency. 

6 (d) NATIONAL STRATEGIC SPECTRUM PLAN.— 

7 (1) IN GENERAL.—Not later than 18 months 

8 after the date of enactment of this Act, and every 

9 3 years thereafter, the Assistant Secretary of Com10 merce for Communications and Information and the 

11 Chairman of the Commission assisted by the Radio 

12 Spectrum Advisory Committee, shall develop an ini13 tial 10-year National Strategic Spectrum Plan that 

14 includes the following: 

15 (A) Long-range spectrum planning of both 

16 commercial, State and local government, and 

17 Federal Government users. 

18 (B) New technologies or expanded services 

19 requiring spectrum. 

20 (C) The nature and characteristics of the 

21 new radio communication systems required and 

22 the nature and characteristics of the spectrum 

23 required. 


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1 (D) Efficient approaches to meeting the 

2 future spectrum requirements of all users, in3 cluding— 

4 (i) requiring certain standards-based 

5 technologies that improve spectrum effi6 ciencies; 

7 (ii) spectrum sharing and reuse op8 portunities; 

9 (iii) possible reallocation; and 

10 (iv) any other approaches that pro11 mote efficient use of spectrum. 

12 (E) An evaluation of— 

13 (i) current auction processes to deter14 mine the effectiveness of such processes 

15 in— 

16 (I) promoting competition; 

17 (II) improving spectrum use effi18 ciency; and 

19 (III) maximizing the full eco20 nomic value to customers, industry, 

21 and the taxpayer of the spectrum; and 

22 (ii) if any type of license reform is 

23 necessary. 

24 (2) SUBMISSION OF THE PLAN.—The Assistant 

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1 formation and the Chairman of the Commission 

2 shall, on an annual basis, jointly submit, after notice 

3 and opportunity for public comment on, to the Presi4 dent and the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Energy and Commerce of the House of Representa7 tives a report summarizing the progress made with 

8 respect to the National Strategic Spectrum Plan re9 quired under paragraph (1). 

10 (e) RADIO SPECTRUM ADVISORY COMMITTEE.— 

11 (1) ESTABLISHMENT.—Not later than 60 days 

12 after the date of enactment of this Act, the Chair13 man of the Commission and the Administrator of 

14 the NTIA shall establish a working group, to be 

15 known as the Spectrum Advisory Committee. 

16 (2) MEMBERSHIP.— 

17 (A) APPOINTMENT; CO-CHAIRS.—The 

18 Chairman of the Commission and the Adminis19 trator of the NTIA shall appoint an equal num20 ber of members of the Working Group as soon 

21 as practicable after the date of enactment of 

22 this Act and shall serve as its co-chair. In ap23 pointing members of the Working Group, the 

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1 quate representation for all stakeholders and in2 terested and affected parties. 

3 (3) MEETINGS.— 

4 (A) INITIAL MEETING.—The initial meet5 ing of the Working Group shall take place not 

6 later than 60 days after the date of the enact7 ment of this Act. 

8 (B) OTHER MEETINGS.—After the initial 

9 meeting, the Working Group shall meet at the 

10 call of the co-chairs. 

11 (C) NOTICE; OPEN MEETINGS.—Any meet12 ings held by the Working Group shall be duly 

13 noticed at least 14 days in advance and shall be 

14 open to the public. 

15 (4) RESOURCES.— 

16 (A) FEDERAL AGENCIES.—The Working 

17 Group shall have reasonable access to— 

18 (i) materials, resources, data, and 

19 other information from the National Insti20 tute of Standards and Technology, the De21 partment of Commerce and its agencies, 

22 and the Federal Communications Commis23 sion; and 

24 (ii) the facilities of any such agency 

25 for purposes of conducting meetings. 


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1 (B) GIFTS AND GRANTS.—The Working 

2 Group may accept, use, and dispose of gifts or 

3 grants of services or property, both real and 

4 personal, for purposes of aiding or facilitating 

5 the work of the Working Group. Gifts or grants 

6 not used at the expiration of the Working 

7 Group shall be returned to the donor or grant8 or. 

9 (5) RULES.— 

10 (A) QUORUM.—One-third of the members 

11 of the Working Group shall constitute a 

12 quorum for conducting business of the Working 

13 Group. 

14 (B) SUBCOMMITTEES.—To assist the 

15 Working Group in carrying out its functions, 

16 the co-chairs may establish appropriate sub17 committees composed of members of the Work18 ing Group and other subject matter experts as 

19 deemed necessary. 

20 (C) ADDITIONAL RULES.—The Working 

21 Group may adopt other rules as needed. 

22 (6) FEDERAL ADVISORY COMMITTEE ACT.— 

23 Neither the Federal Advisory Committee Act (5 

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1 mulgated under that Act shall apply to the Working 

2 Group. 

3 (f) IRAC SHOT CLOCK.—Section 104(b) of the Na4 tional Telecommunications and Information Administra5 tion Organization Act (47 U.S.C. 903(b)) is amended— 

6 (1) in paragraph (4), by striking ‘‘; and’’ and 

7 inserting a semicolon; 

8 (2) in paragraph (5), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(6) in the event that a spectrum related 

12 project is referred to the Interdepartmental Radio 

13 Advisory Committee from the Commission, require 

14 that a public notice detailing the project be provided, 

15 and that the Committee shall act within 30 days to 

16 complete the item, provided that a 30-day extension 

17 may be provided upon a finding of extraordinary cir18 cumstances by NTIA.’’. 

19 (g) OMB CIRCULAR A–11 MODIFICATIONS.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Director 

22 of the Office of Management and Budget shall re23 view and rewrite Circular A–11 to ensure agencies 

24 and departments of the Federal Government give 


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1 more consideration to spectrum use in their manage2 ment processes. 

3 (2) ADDITIONAL AGENCY AND DEPARTMENT

4 REQUIREMENTS.—The review and revision required 

5 under paragraph (1) shall include requirements for 

6 the— 

7 (A) use of more spectral efficient tech8 nologies by agencies and departments of the 

9 Federal Government; 

10 (B) promotion of increased spectrum shar11 ing by such agencies and department, when ap12 propriate; and 

13 (C) increased consideration of non-spec14 trum dependent and commercial alternatives to 

15 meet the mission and operational requirements 

16 of each such agency or department. 

17 (h) SPECTRUM SHARING OPPORTUNITIES.—Each 

18 agency of the Federal Government shall, to the extent 

19 technically and operationally feasible, share their existing 

20 spectrum assignments with non-Federal users. If a Fed21 eral agency declines to share spectrum in accordance with 

22 this subsection during non-critical times (as such times 

23 are determined by the NTIA), the NTIA may apply a 

24 spectrum incentive pricing charge, if any system for such 


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1 pricing is implemented pursuant to subsection (b), for use 

2 of the spectrum currently assigned to that Federal agency. 

3 (i) UNLICENSED SPECTRUM POLICY.— 

4 (1) REPORT.—Not later than 1 year after the 

5 date of enactment of this Act, the Commission and 

6 the NTIA shall issue, and seek public comment on, 

7 a report that provides— 

8 (A) a comprehensive strategy for the coex9 istence of licensed and unlicensed use of spec10 trum; and 

11 (B) a determination of the appropriate 

12 amount of spectrum that should be provided for 

13 use by unlicensed devices. 

14 (2) CONTENT OF REPORT.—The report re15 quired under paragraph (1) shall address the fol16 lowing issues: 

17 (A) What type of rules should be used to 

18 manage unlicensed use of spectrum? 

19 (B) What frequencies and amounts of 

20 spectral bandwidth should be used for unli21 censed use? 

22 (C) Whether there should be certain bands 

23 exclusively reserved for unlicensed use? 


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1 (D) How to harmonize unlicensed uses 

2 (whether incumbent or new uses) with future 

3 auctions of licensed use? 

4 (E) What is the appropriate transmission 

5 power limits for unlicensed use both exclusively 

6 (homogeneous and heterogeneous applications) 

7 or in coexistence with licensed uses? 

8 (F) How should the United States Govern9 ment harmonize its unlicensed policy with inter10 national policies? 

11 (G) Whether there should be any addi12 tional protections provided to unlicensed use be13 yond existing legal obligations? 

14 SEC. 11. PROMOTING WI-FI AND WIRELESS FACILITIES DE15 PLOYMENT. 

16 (a) INSTALLATION OF WI-FI HOTSPOTS AND WIRE17 LESS NEUTRAL HOST SYSTEMS IN ALL FEDERAL BUILD18 INGS.— 

19 (1) IN GENERAL.—The Administrator of the 

20 General Services Administration shall— 

21 (A) install Wi-Fi hotspots in all publicly 

22 accessible Federal buildings constructed after 

23 the date of enactment of this Act; 

24 (B) allow for the installation of wireless 

25 neutral host systems by any wireless neutral 


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1 host provider upon request in all publicly acces2 sible Federal buildings; and 

3 (C) in a manner consistent with sound 

4 management principles, retrofit all Federal 

5 buildings with Wi-Fi hotspots and wireless neu6 tral host systems constructed prior to the date 

7 of enactment of this Act on a timetable that re8 flects the importance of wireless communication 

9 to the Federal functions being performed by the 

10 occupants of such buildings, provided that all 

11 such building shall be retrofitted not later than 

12 December 31, 2013. 

13 (2) FUNDING.—There shall be made available 

14 from the Federal Buildings Fund established under 

15 section 592 of title 40, United States Code, 

16 $15,000,000 to carry out this section. Such sums 

17 shall be derived from the unobligated balance of 

18 amounts made available from the Federal Buildings 

19 Fund for fiscal year 2010, and prior fiscal years, for 

20 repairs and alterations and other activities (exclud21 ing amounts made available for the energy pro22 gram). Such sums shall remain available until ex23 pended. 

24 (b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— 


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1 (1) GRANT.—If an executive agency, a State, a 

2 political subdivision or agency of a State, or a per3 son applies for the grant of an easement or rights4 of-way to, in, over, or on a building owned by the 

5 Federal Government for the right to install, con6 struct, and maintain wireless antennas and equip7 ment, and backhaul transmission, the executive 

8 agency having control of the building may grant to 

9 the applicant, on behalf of the Federal Government, 

10 an easement or rights-of-way to perform such instal11 lation, construction, and maintenance. 

12 (2) APPLICATION.—The Administrator of the 

13 General Services Administration shall develop a com14 mon form for rights-of-way applications required 

15 under paragraph (1) for all executive agencies that 

16 shall be used by applicants with respect to the build17 ings of each such agency. 

18 (3) FEE.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of law, in making a grant of an 

21 easement or rights-of-way pursuant to para22 graph (1), the Administrator of the General 

23 Services Administration shall establish a rea24 sonable fee for the award of such grant that is 

25 based on fair market prices. 


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1 (B) EXCEPTIONS.—The Administrator of 

2 the General Services Administration may estab3 lish exceptions to the fee amount required 

4 under subparagraph (A)— 

5 (i) in consideration of the public ben6 efit provided by a grant of an easement or 

7 rights-of-way; and 

8 (ii) in the interest of expanding wire9 less and broadband coverage. 

10 (4) USE OF FEES COLLECTED.—Any fee 

11 amounts collected by an executive agency pursuant 

12 to paragraph (2) shall be used by the agency for the 

13 construction and maintenance of Wi-Fi hotspots and 

14 wireless neutral host systems. 

15 (c) MASTER CONTRACTS FOR WIRELESS ANTENNA

16 SITINGS.— 

17 (1) IN GENERAL.—Notwithstanding section 704 

18 of the Telecommunications Act of 1996, or any reg19 ulation pursuant thereto, or any other provision of 

20 law, and not later than 60 days after the date of en21 actment of this Act, the Administrator of the Gen22 eral Services Administration shall develop one or 

23 more master contracts that shall govern the place24 ment of wireless antennas on buildings owned by the 

25 Federal Government. Such master contract shall, 


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•S 455 IS

1 with respect to the siting of wireless antennas, 

2 standardize the treatment of the placement of wire3 less antennas on rooftop or building facades, the 

4 placement of equipment on rooftops or inside build5 ings, and technology, and any other key issues that 

6 the Administrator determines appropriate. 

7 (2) APPLICABILITY.—The master contract de8 veloped by the Administrator of the General Services 

9 Administration under paragraph (1) shall apply to 

10 all publicly accessible buildings owned by the Fed11 eral Government, unless the Administrator decides 

12 that issues with respect to the siting of wireless an13 tenna on a specific building requires non-standard 

14 treatment of a specific building. 

15 (3) APPLICATION.—The Administrator of the 

16 General Services Administration shall develop a com17 mon form or set of forms for wireless transmitter 

18 siting applications required under this section for all 

19 executive agencies that shall be used by applicants 

20 with respect to the buildings of each such agency. 

21 (d) DEFINITIONS.—As used in this section: 

22 (1) WIRELESS NEUTRAL HOST SYSTEM.—The 

23 term ‘‘wireless neutral host system’’ means a small 

24 cellular communications base station and related an25 tenna or a system of wireless antennas and associVerDate Mar 15 2010 05:32 Mar 03, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S455.IS S455

tjames on DSKG8SOYB1PROD with BILLS
51 

•S 455 IS

1 ated equipment connected to a broadband service, 

2 backhaul, or wireless repeater and capable of radi3 ating one or more wireless frequency. 

4 (2) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 

5 hotspot’’ means a site or area in which the public 

6 can access the Internet via a wireless connection. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS