I 

111TH CONGRESS 

1ST SESSION H. R. 3125 

To require an inventory of radio spectrum bands managed by the National 

Telecommunications and Information Administration and the Federal 

Communications Commission. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2009 

Mr. WAXMAN (for himself, Mr. BOUCHER, Mr. BARTON of Texas, Mr. 

STEARNS, Mr. DINGELL, Mr. MARKEY of Massachusetts, Mr. DOYLE, 

Mr. GORDON of Tennessee, Mr. SPACE, Mr. MCNERNEY, Mr. INSLEE, 

Ms. ESHOO, Ms. MATSUI, Mr. STUPAK, Ms. CASTOR of Florida, Mr. 

BUYER, Mr. WELCH, and Mr. UPTON) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require an inventory of radio spectrum bands managed 

by the National Telecommunications and Information 

Administration and the Federal Communications Commission. 

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 ‘‘Radio Spectrum Inven5 tory Act’’. 


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1 SEC. 2. SPECTRUM INVENTORY. 

2 Part B of title I of the National Telecommunications 

3 and Information Administration Organization Act (47 

4 U.S.C. 921 et seq.) is amended by adding at the end the 

5 following: 

6 ‘‘SEC. 119. SPECTRUM INVENTORY. 

7 ‘‘(a) RADIO SPECTRUM INVENTORY.—In order to 

8 promote the efficient use of the electromagnetic spectrum, 

9 the NTIA and the Commission shall coordinate and carry 

10 out each of the following activities not later than 180 days 

11 after the date of enactment of this section: 

12 ‘‘(1) Create an inventory of each radio spec13 trum band of frequencies used in the United States 

14 Table of Frequency Allocations, from 225 megahertz 

15 to 10 gigahertz, that includes— 

16 ‘‘(A) the radio services authorized to oper17 ate in each band of frequencies; 

18 ‘‘(B) the identity of each Federal or non19 Federal user within each such radio service au20 thorized to operate in each band of frequencies; 

21 ‘‘(C) the total amount of spectrum, by 

22 band of frequencies, allocated to each Federal 

23 or non-Federal user (in percentage terms and 

24 in sum) and the geographic areas covered by 

25 their respective allocations; 


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1 ‘‘(D) the approximate number of transmit2 ters, repeaters, end-user terminals or receivers, 

3 or other radio frequency devices authorized to 

4 operate, as appropriate to characterize the ex5 tent of use of each radio service in each band 

6 of frequencies; 

7 ‘‘(E) an approximation of the extent to 

8 which each Federal or non-Federal user is 

9 using, by geography, each band of frequencies, 

10 such as the amount and percentage of time of 

11 use, number of end users, or other measures as 

12 appropriate to the particular band and radio 

13 service; 

14 ‘‘(F) for non-Federal users, any commer15 cial names under which facilities-based service 

16 is offered to the public using the spectrum of 

17 the non-Federal user, including where the spec18 trum is being offered via resale and under what 

19 commercial names; and 

20 ‘‘(G) to the greatest extent possible— 

21 ‘‘(i) contour maps or other informa22 tion that illustrate the coverage area, re23 ceiver performance, and other parameters 

24 relevant to an assessment of the avail25 ability of spectrum in each band; and 


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1 ‘‘(ii) for each band or range of fre2 quencies, the identity of each entity offer3 ing unlicensed services and the types and 

4 approximate number of unlicensed inten5 tional radiators verified or certified by the 

6 Commission that are authorized to operate. 

7 ‘‘(2) Create a centralized portal or website to 

8 make the inventory of the bands of frequencies avail9 able to the public via an Internet-accessible website. 

10 ‘‘(b) USE OF AGENCY RESOURCES.—In creating the 

11 inventory described in subsection (a)(1), the NTIA and 

12 the Commission shall first use agency resources, including 

13 existing databases, field testing, and recordkeeping sys14 tems, and only request information from Federal and non15 Federal users if such information cannot be obtained 

16 using such agency resources. 

17 ‘‘(c) REPORTS.—Not later than 1 year after the date 

18 of enactment of this section and annually thereafter, the 

19 NTIA and the Commission shall each submit a report to 

20 the Committee on Commerce, Science, and Transportation 

21 of the Senate and to the Committee on Energy and Com22 merce of the House of Representatives containing— 

23 ‘‘(1) the results of the inventory created under 

24 subsection (a)(1); 


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1 ‘‘(2) a description of any information the NTIA 

2 or the Commission determines is necessary for such 

3 inventory but that is unavailable; 

4 ‘‘(3) a description of any information not pro5 vided by any Federal or non-Federal user in accord6 ance with subsection (e); 

7 ‘‘(4) an identification, by relevant geographic 

8 area, of the least utilized blocks of spectrum inven9 toried, with blocks identified in every market of the 

10 United States either individually or as part of re11 gional or nationwide blocks, and an explanation of 

12 the basis for that identification; and 

13 ‘‘(5) a recommendation of which, if any, of such 

14 spectrum identified under paragraph (4) the Federal 

15 Government should reallocate and an explanation of 

16 the basis for that recommendation. 

17 ‘‘(d) MAINTENANCE AND UPDATING OF INFORMA18 TION.—After the creation of the inventory required by 

19 subsection (a)(1), the NTIA and the Commission shall 

20 make all efforts necessary to maintain and update the in21 formation required under such subsection in near real22 time fashion and whenever there is a transfer or auction 

23 of a license or a change in an allocation or assignment. 

24 ‘‘(e) NATIONAL SECURITY.— 


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1 ‘‘(1) COMPLIANCE.—In complying with sub2 section (a)(1), a Federal or non-Federal user shall 

3 make a certification to the NTIA or the Commission 

4 that the information— 

5 ‘‘(A) is accurate; and 

6 ‘‘(B) is as comprehensive, extensive, and 

7 complete as possible without harming the na8 tional security of the United States. 

9 ‘‘(2) REPORTING OF WITHHELD INFORMATION

10 TO CONGRESS.—Any information that is excluded 

11 from public disclosure pursuant to this subsection 

12 shall still be compiled and reported to the Commit13 tees of Congress described in subsection (c) on a 

14 confidential basis. 

15 ‘‘(f) PROPRIETARY INFORMATION.—In creating and 

16 maintaining the inventory, centralized portal or website, 

17 and reports under this section, the NTIA and the Commis18 sion shall follow their rules and practice regarding con19 fidential and proprietary information.’’. 

Æ 


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