II 

111TH CONGRESS 

2D SESSION S. 3610 

To require a study on spectrum occupancy and use. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2010 

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 require a study on spectrum occupancy and use. 

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. 

4 This Act may be cited as the ‘‘Spectrum Measure5 ment and Policy Reform Act’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act— 

8 (1) the term ‘‘Administration’’ means the Na9 tional Telecommunications and Information Admin10 istration; 


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

2 Communications Commission; 

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

4 National Academy of Sciences, the National Acad5 emy of Engineering, the Institute of Medicine; and 

6 the National Research Council; 

7 (4) the term ‘‘spectrum sharing’’ means the 

8 temporary use by a secondary user of unused spec9 trum in a band at a geographical location licensed 

10 to a primary user during idle periods of the primary 

11 license use; 

12 (5) the term ‘‘spectrum reuse’’ means the tem13 porary use by a secondary user of unused spectrum 

14 in a band at a geographical location where there is 

15 no primary licensed user; 

16 (6) the term ‘‘temporary dynamic short-term 

17 use’’— 

18 (A) means the assignment of a temporary 

19 spectrum license to a user that is not the in20 cumbent licensee for the use of spectrum in a 

21 given band and specified location for a short pe22 riod of time in which the spectrum will be unoc23 cupied or in which the incumbent licensee tem24 porarily relinquishes rights to use; and 


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1 (B) includes short-term spectrum sharing 

2 and short-term spectrum reuse; and 

3 (7) the term ‘‘spectrum layering’’ means the 

4 temporary use by a secondary user of unused spec5 trum in a band at an altitudinal level where there 

6 is no primary user or during idle periods of the pri7 mary license use. 

8 SEC. 3. SPECTRUM SURVEY AND MEASUREMENT STUDY. 

9 (a) SURVEY AND STUDY.— 

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

11 Administration shall jointly conduct a study of occu12 pancy on the electromagnetic spectrum based on the 

13 extent of the use of such spectrum, including the 

14 amount and percentage of spectrum used in the 

15 band and the duration and percentage of time such 

16 spectrum is in use. 

17 (2) EXPERT CONSULTATION.—In carrying out 

18 the study required under paragraph (1), the Com19 mission and the Administration may consult with 

20 the National Academies, other agencies, or non21 governmental organizations with relevant expertise 

22 in developing appropriate measurement procedures 

23 and systems, data analysis methodologies, or another 

24 other aspect related to the surveying and measure25 ment of electromagnetic spectrum. 


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1 (3) REQUIRED CONTENT.—The study required 

2 under paragraph (1) shall— 

3 (A) examine occupancy measurements and 

4 usage patterns on the electromagnetic spectrum 

5 between, at least, 100 megahertz and 10 

6 gigahertz; 

7 (B) record occupancy measurements on the 

8 electromagnetic spectrum in several diverse geo9 graphical locations across the nation over an 

10 appropriate period of time, as determined joint11 ly by the Commission and the Administration. 

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

13 appropriate; and 

14 (D) predict occupancy and usage patterns 

15 from existing licensee and government user 

16 spectrum data, and correlate such predictions 

17 with the findings made under subparagraphs 

18 (A) and (B) in order to determine the accuracy 

19 of the data from each agencies’ databases or an 

20 inventory of the electromagnetic spectrum and 

21 what additional data, if any, would be beneficial 

22 to collect in the future. 

23 (b) NATIONAL SECURITY; CLASSIFIED INFORMA24 TION.— 


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

2 agency determines that disclosure of information to 

3 the Commission and the Administration as part of 

4 the study required by subsection (a) would be harm5 ful to the national security of the United States, the 

6 agency shall— 

7 (A) notify the Commission and the Admin8 istration of its determination; and 

9 (B) provide to the Commission and the Ad10 ministration— 

11 (i) the other publicly releasable infor12 mation required by subsection (a); 

13 (ii) to the maximum extent prac14 ticable, a summary description of the infor15 mation with respect to which the deter16 mination was made; and 

17 (iii) an annex containing the informa18 tion with respect to which the determina19 tion was made. 

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

21 a Federal agency determines that any information 

22 required to be disclosed as part of the study required 

23 by subsection (a) is classified in accordance with Ex24 ecutive Order 13526 of December 29, 2009, or any 

25 successor Executive Order establishing or modifying 


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1 the uniform system for classifying, safeguarding, 

2 and declassifying national security information, the 

3 agency shall— 

4 (A) notify the Commission and the Admin5 istration of its determination; and 

6 (B) provide to the Commission and the Ad7 ministration— 

8 (i) the information required by sub9 section (a)(3) that is not classified; 

10 (ii) to the maximum extent prac11 ticable, a summary description of the infor12 mation that is classified; and 

13 (iii) an annex containing the informa14 tion that is classified. 

15 (3) ANNEX RESTRICTION.—Neither the Admin16 istration nor the Commission may make any annex 

17 under this subsection available to the public pursu18 ant to subsection (d)(3) or to any unauthorized per19 son through any other means. 

20 (c) PUBLIC SAFETY NONDISCLOSURE.— 

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

22 spectrum determines that public disclosure of certain 

23 information held by that licensee and required to be 

24 included in the study under subsection (a) would re25 veal information for which public disclosure would be 


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1 detrimental to public safety, or that the licensee is 

2 otherwise prohibited by law from disclosing, the li3 censee may petition the Commission and the Admin4 istration for a partial or total exemption from inclu5 sion in the public report required under subsection 

6 (d)(3). 

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

8 under this subsection bears the burden of justifying 

9 the exemption and shall provide clear and convincing 

10 evidence to support the requested exemption. 

11 (3) INFORMATION REQUIRED.—If the Commis12 sion and the Administration grant an exemption 

13 under this subsection, the licensee shall provide to 

14 the Commission and the Administration— 

15 (A) the publicly releasable information re16 quired by subsection (a)(3); 

17 (B) to the maximum extent practicable, a 

18 summary description, suitable for public re19 lease, of the information for which public disclo20 sure would be detrimental to public safety or 

21 that the licensee is prohibited by law from dis22 closing; and 

23 (C) an annex, under appropriate cover, 

24 containing the information that the Commission 


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1 and the Administration has determined should 

2 be withheld from public disclosure. 

3 (d) REPORT.— 

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

5 the date of enactment of this Act, the Commission 

6 and the Administration shall jointly submit a report 

7 to the Committee on Commerce, Science, and Trans8 portation of the Senate and the Committee on En9 ergy and Commerce of the House of Representatives 

10 that includes— 

11 (A) the findings of the study required 

12 under subsection (a); and 

13 (B) recommendations on the feasibility of 

14 promoting alternative types of services or sys15 tems that result in more effective and efficient 

16 use of the electromagnetic spectrum. 

17 (2) NONDISCLOSURE OF ANNEXES.—The report 

18 required under paragraph (1) shall be submitted in 

19 unclassified form, but may include 1 or more an20 nexes as provided for by subsections (b)(1)(B)(iii), 

21 (b)(2)(B)(iii), and (c)(3)(C). Notwithstanding para22 graph (3), no Congressional committee may make 

23 any such annex available to the public or to any un24 authorized person. 


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1 (3) PUBLIC AVAILABILITY.—Subject to para2 graph (2), the Commission and the Administration 

3 shall make publicly available on the Web site of each 

4 agency the report required under paragraph (1). 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Chairman of the 

7 Federal Communications Commission and the Assistant 

8 Secretary at the National Telecommunications and Infor9 mation Administration for carrying out this section 

10 $5,000,000 for fiscal year 2011 and $5,000,000 for fiscal 

11 year 2012. 

12 SEC. 4. SPECTRUM ANALYSIS AND UTILIZATION STUDY. 

13 (a) DETERMINATION OF UTILIZATION DEFINI14 TION.— 

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

16 the date of enactment of this Act, the Commission 

17 and the Administration, in consultation with the Of18 fice of Science and Technology Policy and the Na19 tional Security Council as needed on frequencies or 

20 bands related to national security, shall determine 

21 appropriate benchmarks for assessing— 

22 (A) the utilization of each electromagnetic 

23 spectrum band based on the occupancy, activi24 ties, capabilities, functions, and missions sup25 ported in that band, as well as any additional 


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1 factors the Commission and the Administration 

2 deem appropriate; and 

3 (B) the availability of similar services oper4 ating in other bands capable of offering substi5 tutable services. 

6 (2) USE OF COMMON METRICS.—The bench7 marks developed under paragraph (1) shall include 

8 a set of common metrics that apply to respective 

9 broad classes of services, allowing comparison of 

10 measurements and analysis in multiple bands pro11 viding similar classes of services across the electro12 magnetic spectrum. 

13 (b) IDENTIFY SPECTRUM SHARING AND REUSE OP14 PORTUNITIES PILOT PROGRAM.— 

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

16 after the completion of electromagnetic spectrum 

17 survey and measurement study required under sec18 tion 3, the Commission and the Administration shall 

19 identify, based on an analysis of utilization using 

20 such benchmarks and with the benefit of public com21 ment— 

22 (A) 120 megahertz below 4 gigahertz 

23 worth of close proximity electromagnetic spec24 trum that is most feasible for spectrum sharing 


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1 opportunities for commercial and government 

2 users; 

3 (B) 120 megahertz below 4 gigahertz 

4 worth of close proximity electromagnetic spec5 trum that is most feasible for spectrum reuse 

6 opportunities for commercial and government 

7 users; 

8 (C) 120 megahertz below 4 gigahertz 

9 worth of electromagnetic spectrum that is most 

10 feasible for temporary or dynamic short-term 

11 assignment and use; and 

12 (D) 120 megahertz below 4 gigahertz 

13 worth of close proximity electromagnetic spec14 trum that is most feasible for spectrum layering 

15 opportunities for commercial and government 

16 users. 

17 (2) SHARING AND REUSE OPPORTUNITIES

18 PILOT PROGRAM.—Not later than 12 months after 

19 the time period set forth in paragraph (1), the Com20 mission and the Administration shall jointly estab21 lish and implement pilot programs to advance and 

22 promote spectrum sharing and reuse activities for 

23 the bands of spectrum identified under paragraph 

24 (1). 


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1 (3) PILOT PROGRAM REPORT AND REC2 OMMENDATION.—Not later than 8 months after the 

3 conclusion of the sharing and reuse opportunities 

4 pilot program established under paragraph (2), the 

5 Commission and the Administration shall jointly 

6 submit a report to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the 

8 Committee on Energy and Commerce of the House 

9 of Representatives that summarizes the feasibility of 

10 such programs. If the Commission and the Adminis11 tration jointly deem such programs viable, each 

12 agency shall begin to implement similar permanent 

13 programs within 18 months after the date on which 

14 the report is submitted. 

15 (c) IDENTIFICATION OF SPECTRUM REALLOCA16 TION.—Not later than 12 months after the adoption of 

17 the utilization benchmarks described under subsection (a), 

18 the Commission and the Administration shall, based on 

19 an analysis of utilization using such benchmarks and after 

20 notice and opportunity for public comment on such utiliza21 tion analysis— 

22 (1) jointly prepare and submit to the President 

23 and the Committee on Commerce, Science, and 

24 Transportation of the Senate and the Committee on 

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1 tives a report that identifies, by relevant geographic 

2 area, not less than 200 megahertz of spectrum below 

3 4 gigahertz of the least utilized or most appropriate 

4 blocks of electromagnetic spectrum and an expla5 nation of the basis for that identification; and 

6 (2) develop a plan, taking into consideration 

7 whether the primary service on a band may be 

8 deemed essential to national security or public safe9 ty, or otherwise determined to serve the public inter10 est, convenience, and necessity, for reallocation of 

11 any entities or services currently operating in the 

12 spectrum described under paragraph (1), along with 

13 an estimate for the costs of relocating such entities 

14 or services to an alternative band of such spectrum. 

15 SEC. 5. RELOCATION COST-BENEFIT ANALYSIS. 

16 (a) IN GENERAL.—The Commission and the Admin17 istration, in consultation with the Office of Management 

18 and Budget, the Office of Science and Technology Policy, 

19 and the National Security Council, shall perform a cost20 benefit analysis on electromagnetic spectrum relocation 

21 opportunities to move certain Federal users and services 

22 currently operating in a specific band of the spectrum to 

23 more efficient spectrum bands. 

24 (b) REQUIRED CONSIDERATIONS.—The relocation 

25 analysis required under subsection (a) shall— 


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1 (1) include projected overall costs and time2 frames of any potential move; and 

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

4 the Commercial Spectrum Enhancement Act (47 

5 U.S.C. 901 note). 

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

7 necessary and appropriate for continued primary Federal 

8 use, the Administration, in consultation with the Commis9 sion, shall determine what, if any, radio system or service 

10 upgrades or other changes could be implemented to en11 hance spectrum efficiency or the ability to share unused 

12 capacity on the spectrum with other agencies or private 

13 sector users. 

14 SEC. 6. GENERAL SPECTRUM MANAGEMENT. 

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

16 National Telecommunications and Information Adminis17 tration Organization Act (47 U.S.C. 922) is amended— 

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

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

20 Assistant Secretary’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(b) REPORTING REQUIREMENT.— 

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

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


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1 a report to the Committee on Commerce, Science, 

2 and Transportation of the Senate and the Com3 mittee on Energy and Commerce of the House of 

4 Representatives that provides a summary of the bi5 annual meetings required under this section, as well 

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

7 such action items and deliverables related to the 

8 issues identified in subsection (a). 

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

10 paragraph (1) shall include— 

11 ‘‘(A) an identification of emerging tech12 nologies and ideas for test-bed programs that 

13 expand opportunities for spectrum sharing by 

14 Federal and non-Federal users, increased public 

15 transparency into spectrum databases, and a 

16 progress report on reallocation and sharing ef17 forts required by the Spectrum Measurement 

18 and Policy Reform Act; 

19 ‘‘(B) a list of any recommendations made 

20 by the Commerce Spectrum Management Advi21 sory Committee and the status of each such 

22 recommendation; and 

23 ‘‘(C) a score card that includes the amount 

24 of spectrum shared by Federal and non-Federal 

25 users, the geographical extent of coverage, as 


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1 well as the number of requests for sharing and 

2 their geographical locations that were rejected 

3 and the reasons for such rejections.’’. 

4 (b) SPECTRUM EFFICIENCY.— 

5 (1) NTIA AUTHORITY.—Section 104(d)(2) of 

6 the National Telecommunications and Information 

7 Administration Organization Act (47 U.S.C. 

8 903(d)(2)) is amended to read as follows: 

9 ‘‘(2) ENSURING EFFICIENT USE OF SPEC10 TRUM.— 

11 ‘‘(A) IN GENERAL.—In order to further 

12 the goal of making efficient and cost-effective 

13 use of the spectrum, the Secretary of Commerce 

14 shall have the authority to— 

15 ‘‘(i) withhold or refuse to assign fre16 quencies for mobile radio service or other 

17 radio service; 

18 ‘‘(ii) assess and collect from each Fed19 eral user an annual fee for the spectrum 

20 assigned to such Federal user that is based 

21 on the fair market commercial value of 

22 that spectrum, using a methodology adopt23 ed by the Secretary, after providing notice 

24 and opportunity for public comment; and 


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1 ‘‘(iii) develop an auction revenue shar2 ing plan where in exchange for relin3 quishing spectrum usage rights, Federal 

4 users currently operating in an assigned 

5 spectrum band would receive as an auction 

6 incentive award under section 118 a per7 centage of the auction revenue from any 

8 resulting auction, provided that only spec9 trum assigned to a Federal user prior to 

10 the date of the enactment of the Spectrum 

11 Measurement and Policy Reform Act 

12 would be eligible to participate in any such 

13 sharing plan. 

14 ‘‘(B) DISPOSITION OF PROCEEDS TO SPEC15 TRUM RELOCATION AND EFFICIENCY FUND.— 

16 Sixty percent of all fees collected under sub17 paragraph (A)(ii) shall be deposited in the 

18 Spectrum Relocation and Efficiency Fund es19 tablished under section 118, and shall be avail20 able in accordance with such section.’’. 

21 (2) FCC AUTHORITY.—Section 309(j)(8) of the 

22 Communications Act of 1934 (47 U.S.C. 309(j)(8)) 

23 is amended by adding at the end the following: 

24 ‘‘(F) AUCTION REVENUE SHARING PLAN.— 

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1 mission determines that it is consistent with the 

2 public interest in utilization of the spectrum for 

3 a licensee to relinquish some or all of its li4 censed spectrum usage rights in order to permit 

5 the assignment of new initial licenses or the al6 location of spectrum for unlicensed use subject 

7 to new service rules, the proceeds from the use 

8 of a competitive bidding system under this sub9 section may be shared, in an amount or per10 centage determined in the discretion of the 

11 Commission, with any licensee who agreed to 

12 participate in relinquishing such auction usage 

13 rights. 

14 ‘‘(G) SPECTRUM LICENSE FEE.— 

15 ‘‘(i) IN GENERAL.—The Commission 

16 shall have the authority to assess and col17 lect from each licensee an annual fee for 

18 the spectrum assigned to such licensee that 

19 is based on the fair market commercial 

20 value of that spectrum and the public in21 terest of the service the spectrum is being 

22 used for, using a methodology adopted by 

23 the Commission, after providing notice and 

24 opportunity for public comment. 


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1 ‘‘(ii) DISPOSITION OF PROCEEDS TO

2 SPECTRUM RELOCATION AND EFFICIENCY

3 FUND.—Thirty percent of all fees collected 

4 under clause (i) shall be deposited in the 

5 Spectrum Relocation and Efficiency Fund 

6 established under section 118 of the Na7 tional Telecommunications and Informa8 tion Administration Organization Act (47 

9 U.S.C. 928), and shall be available in ac10 cordance with such section.’’. 

11 (c) AMENDMENTS TO SPECTRUM RELOCATION AND

12 EFFICIENCY FUND.—Section 118 of the National Tele13 communications and Information Administration Organi14 zation Act (47 U.S.C. 928) is amended— 

15 (1) in subsection (c)— 

16 (A) by amending the heading to read as 

17 follows: ‘‘(c) USES OF FUND.—’’; 

18 (B) by striking the period and inserting 

19 the following: ‘‘, and to pay auction incentive 

20 rewards as provided in subsection (e)(3).’’; and 

21 (C) by adding at the end the following: 

22 ‘‘Amounts in the Fund may also be used to 

23 fund planning and research in order to improve 

24 the efficiency of Federal use of spectrum, and 

25 to cover the costs of eligible Federal entities to 


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1 upgrade their equipment and facilities as long 

2 as such upgrades including but not limited to 

3 spectrum sharing, reuse, and layering, result in 

4 more efficient use of spectrum by such enti5 ties.’’; 

6 (2) in subsection (d)(1), by striking the period 

7 and inserting the following: ‘‘and auction incentive 

8 awards as provided in subsection (e)(3).’’; 

9 (3) in subsection (d)(2), after ‘‘subsection’’ by 

10 inserting ‘‘to pay relocation costs’’; 

11 (4) in subsection (d)(3), after ‘‘relocation costs’’ 

12 by inserting the following: ‘‘and auction incentive 

13 awards’’; and 

14 (5) in subsection (e), by adding at the end the 

15 following new paragraph: 

16 ‘‘(3) AUCTION INCENTIVE AWARDS.— 

17 ‘‘(A) IN GENERAL.—In addition to the 

18 transfers described in paragraphs (1) and (2), 

19 any eligible Federal entity that voluntarily re20 linquishes eligible frequencies for non-Federal 

21 use shall receive a one-time transfer from the 

22 Fund of an amount (in this section referred to 

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1 mined by the Secretary of Commerce in con2 sultation with the Federal Communications 

3 Commission. 

4 ‘‘(B) CREDIT.—Any amounts transferred 

5 pursuant to subparagraph (A) shall be credited 

6 to the appropriations account of the eligible 

7 Federal entity that voluntarily relinquished 

8 such frequencies.’’. 

9 (d) MODIFICATIONS TO SPECTRUM RELOCATION AND

10 EFFICIENCY FUND.— 

11 (1) IN GENERAL.—Section 118(d)(3) of the Na12 tional Telecommunications and Information Admin13 istration Organization Act (47 U.S.C. 928(d)(3)), as 

14 amended by subsection (c), is further amended in 

15 subsection (d)(3), by striking ‘‘8 years’’ and insert16 ing ‘‘20 years’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENTS.— 

19 (A) NATIONAL TELECOMMUNICATIONS AND

20 INFORMATION ADMINISTRATION ORGANIZATION

21 ACT.—The National Telecommunications and 

22 Information Administration Organization Act is 

23 amended— 

24 (i) in section 113(g)(1), by inserting 

25 ‘‘and Efficiency’’ after ‘‘Relocation’’; and 


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1 (ii) in section 118— 

2 (I) in the section heading, by in3 serting ‘‘AND EFFICIENCY’’ after 

4 ‘‘RELOCATION’’; and 

5 (II) in subsection (a)— 

6 (aa) in the heading, by in7 serting ‘‘AND EFFICIENCY’’ after 

8 ‘‘RELOCATION’’; and 

9 (bb) by inserting ‘‘and Effi10 ciency’’ after ‘‘Relocation’’. 

11 (B) COMMUNICATIONS ACT OF 1934.—Sec12 tion 309(j)(8)(D) of the Communications Act of 

13 1934 (47 U.S.C. 309(j)(8)(D)) is amended by 

14 inserting ‘‘and Efficiency’’ after ‘‘Relocation’’. 

15 (e) NATIONAL STRATEGIC SPECTRUM PLAN.— 

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

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

18 3 years thereafter, the Assistant Secretary of Com19 merce for Communications and Information and the 

20 Chairman of the Commission assisted by the Radio 

21 Spectrum Advisory Committee, shall develop an ini22 tial 10-year National Strategic Spectrum Plan that 

23 includes the following: 


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1 (A) Long-range spectrum planning of both 

2 commercial, State and local government, and 

3 Federal users. 

4 (B) New technologies or expanded services 

5 requiring spectrum. 

6 (C) The nature and characteristics of the 

7 new radio communication systems required and 

8 the nature and characteristics of the spectrum 

9 required. 

10 (D) Efficient approaches to meeting the 

11 future spectrum requirements of all users, in12 cluding— 

13 (i) requiring certain standards-based 

14 technologies that improve spectrum effi15 ciencies; 

16 (ii) spectrum sharing and reuse op17 portunities; 

18 (iii) possible reallocation; and 

19 (iv) any other approaches that pro20 mote efficient use of spectrum. 

21 (E) An evaluation of current auction proc22 esses to determine their effectiveness in the pro23 motion of competition and spectrum use effi24 ciency. 


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

2 Secretary of Commerce for Communications and In3 formation and the Chairman of the Commission 

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

5 and opportunity for public comment on, to the Presi6 dent and the Committee on Commerce, Science, and 

7 Transportation of the Senate and the Committee on 

8 Energy and Commerce of the House of Representa9 tives a report summarizing the progress made with 

10 respect to the National Strategic Spectrum Plan re11 quired under paragraph (1). 

12 (f) RADIO SPECTRUM ADVISORY COMMITTEE.— 

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

14 after the date of enactment of this Act, the Chair15 man of the Commission and the Administrator of 

16 the Administration shall establish a working group, 

17 to be known as the Spectrum Advisory Committee. 

18 (2) MEMBERSHIP.— 

19 (A) APPOINTMENT; CO-CHAIRS.—The 

20 Chairman of the Commission and the Adminis21 trator of the Administration shall appoint an 

22 equal number of members of the Working 

23 Group as soon as practicable after the date of 

24 enactment of this Act and shall serve as its co25 chair. In appointing members of the Working 


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1 Group, the co-chairs shall ensure that the num2 ber of members appointed provides appropriate 

3 and adequate representation for all stakeholders 

4 and interested and affected parties. 

5 (3) MEETINGS.— 

6 (A) INITIAL MEETING.—The initial meet7 ing of the Working Group shall take place not 

8 later than 60 days after the date of the enact9 ment of this Act. 

10 (B) OTHER MEETINGS.—After the initial 

11 meeting, the Working Group shall meet at the 

12 call of the co-chairs. 

13 (C) NOTICE; OPEN MEETINGS.—Any meet14 ings held by the Working Group shall be duly 

15 noticed at least 14 days in advance and shall be 

16 open to the public. 

17 (4) RESOURCES.— 

18 (A) FEDERAL AGENCIES.—The Working 

19 Group shall have reasonable access to— 

20 (i) materials, resources, data, and 

21 other information from the National Insti22 tute of Standards and Technology, the De23 partment of Commerce and its agencies, 

24 and the Federal Communications Commis25 sion; and 


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1 (ii) the facilities of any such agency 

2 for purposes of conducting meetings. 

3 (B) GIFTS AND GRANTS.—The Working 

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

5 grants of services or property, both real and 

6 personal, for purposes of aiding or facilitating 

7 the work of the Working Group. Gifts or grants 

8 not used at the expiration of the Working 

9 Group shall be returned to the donor or grant10 or. 

11 (5) RULES.— 

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

13 of the Working Group shall constitute a 

14 quorum for conducting business of the Working 

15 Group. 

16 (B) SUBCOMMITTEES.—To assist the 

17 Working Group in carrying out its functions, 

18 the co-chairs may establish appropriate sub19 committees composed of members of the Work20 ing Group and other subject matter experts as 

21 deemed necessary. 

22 (C) ADDITIONAL RULES.—The Working 

23 Group may adopt other rules as needed. 

24 (6) FEDERAL ADVISORY COMMITTEE ACT.— 

25 Neither the Federal Advisory Committee Act (5 


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1 U.S.C. App.) nor any rule, order, or regulation pro2 mulgated under that Act shall apply to the Working 

3 Group. 

4 (g) IRAC SHOT CLOCK.—Section 104(b) of the Na5 tional Telecommunications and Information Administra6 tion Organization Act (47 U.S.C. 903(b)) is amended— 

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

8 inserting a semicolon; 

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

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

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

14 project is referred to the Interdepartmental Radio 

15 Advisory Committee from the Commission, require 

16 that a public notice detailing the project be provided, 

17 and that the Committee shall act within 30 days to 

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

19 may be provided upon a finding of extraordinary cir20 cumstances by NTIA.’’. 

21 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

22 Except as otherwise specifically provided for under 

23 section 1, there are authorized to be appropriated, in addi24 tion to amounts otherwise available for such purposes, 


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1 such sums as may be necessary for each fiscal year to 

2 carry out the purposes and duties of this Act. 

Æ 


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