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Union Calendar No. 265 

111TH CONGRESS 

2D SESSION H. R. 3125 

[Report No. 111–462] 

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 

APRIL 13, 2010 

Additional sponsors: Mr. TERRY, Mrs. CHRISTENSEN, Mr. ROGERS of Michigan, Mrs. BONO MACK, Mr. BURGESS, Mr. BUTTERFIELD, Mrs. CAPPS, 

Mr. SULLIVAN, Mr. VAN HOLLEN, Mr. JOHNSON of Georgia, Mrs. 

BLACKBURN, and Mr. SCOTT of Georgia 

APRIL 13, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 8, 2009] 


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A BILL 

To require an inventory of radio spectrum bands managed 

by the National Telecommunications and Information 

Administration and the Federal Communications Commission. 


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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’’. 

6 SEC. 2. SPECTRUM INVENTORY. 

7 Part B of title I of the National Telecommunications 

8 and Information Administration Organization Act (47 

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

10 following: 

11 ‘‘SEC. 119. SPECTRUM INVENTORY. 

12 ‘‘(a) RADIO SPECTRUM INVENTORY.—In order to pro13 mote the efficient use of the electromagnetic spectrum, the 

14 NTIA and the Commission shall coordinate and carry out 

15 each of the following activities not later than 1 year after 

16 the date of enactment of this section: 

17 ‘‘(1) Except as provided in subsection (e), create 

18 an inventory of each radio spectrum band of fre19 quencies listed in the United States Table of Fre20 quency Allocations, from 225 megahertz to, at a min21 imum, 3.7 gigahertz, and to 10 gigahertz unless the 

22 NTIA and the Commission determine that the burden 

23 of expanding the inventory outweighs the benefit, that 

24 includes— 


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1 ‘‘(A) the radio services authorized to operate 

2 in each band of frequencies; 

3 ‘‘(B) the identity of each Federal or non4 Federal user within each such radio service au5 thorized to operate in each band of frequencies; 

6 ‘‘(C) the activities, capabilities, functions, 

7 or missions (including whether such activities, 

8 capabilities, functions, or missions are space9 based, air-based, or ground-based) supported by 

10 the transmitters, end-user terminals or receivers, 

11 or other radio frequency devices authorized to op12 erate in each band of frequencies; 

13 ‘‘(D) the total amount of spectrum, by band 

14 of frequencies, assigned or licensed to each Fed15 eral or non-Federal user (in percentage terms 

16 and in sum) and the geographic areas covered by 

17 their respective assignments or licenses; 

18 ‘‘(E) the approximate number of transmit19 ters, end-user terminals or receivers, or other 

20 radio frequency devices authorized to operate, as 

21 appropriate to characterize the extent of use of 

22 each radio service in each band of frequencies; 

23 ‘‘(F) an approximation of the extent to 

24 which each Federal or non-Federal user is using, 

25 by geography, each band of frequencies, such as 


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1 the amount and percentage of time of use, num2 ber of end users, or other measures as appro3 priate to the particular band and radio service; 

4 and 

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

6 ‘‘(i) contour maps or other information 

7 that illustrate the coverage area, receiver 

8 performance, and other parameters relevant 

9 to an assessment of the availability of spec10 trum in each band; 

11 ‘‘(ii) for each band or range of fre12 quencies, the identity of each entity offering 

13 unlicensed services and the types and ap14 proximate number of unlicensed intentional 

15 radiators verified or certified by the Com16 mission that are authorized to operate; and 

17 ‘‘(iii) for non-Federal users, any com18 mercial names under which facilities-based 

19 service is offered to the public using the 

20 spectrum of the non-Federal user, including 

21 the commercial names under which the 

22 spectrum is being offered through resale. 

23 ‘‘(2) Except as provided in subsection (e), create 

24 a centralized portal or Web site to make the inventory 


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1 of the bands of frequencies required under paragraph 

2 (1) available to the public. 

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

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

5 Commission shall first use agency resources, including ex6 isting databases, field testing, and recordkeeping systems, 

7 and only request information from Federal and non-Fed8 eral users if such information cannot be obtained using such 

9 agency resources. 

10 ‘‘(c) REPORTS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (e), not later than 2 years after the date of en13 actment of this section and biennially thereafter, the 

14 NTIA and the Commission shall submit a report to 

15 the Committee on Commerce, Science, and Transpor16 tation of the Senate and to the Committee on Energy 

17 and Commerce of the House of Representatives con18 taining— 

19 ‘‘(A) the results of the inventory created 

20 under subsection (a)(1), including any update to 

21 the information in the inventory pursuant to 

22 subsection (d); 

23 ‘‘(B) a description of any information the 

24 NTIA or the Commission determines is necessary 

25 for such inventory but that is unavailable; and 


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1 ‘‘(C) a description of any information not 

2 provided by any Federal or non-Federal user in 

3 accordance with subsections (e)(1)(B)(ii) and 

4 (e)(2)(C)(ii). 

5 ‘‘(2) RELOCATION REPORT.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subsection (e), the NTIA and the Commission 

8 shall submit a report to the Committee on Com9 merce, Science, and Transportation of the Senate 

10 and the Committee on Energy and Commerce of 

11 the House of Representatives containing a rec12 ommendation of which spectrum, if any, should 

13 be reallocated or otherwise made available for 

14 shared access and an explanation of the basis for 

15 that recommendation. 

16 ‘‘(B) DEADLINES.—The report required 

17 under subparagraph (A) shall be submitted not 

18 later than 4 years after the date of enactment of 

19 this section and every 4 years thereafter. 

20 ‘‘(3) INVENTORY REPORT.—If the NTIA and the 

21 Commission have not conducted an inventory under 

22 subsection (a) to 10 gigahertz at least 90 days before 

23 the third report required under paragraph (1) is sub24 mitted, the NTIA and the Comission shall include an 

25 evaluation in such report and in every report thereVerDate Nov 24 2008 23:48 Apr 13, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3125.RH H3125

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1 after of whether the burden of expanding the inven2 tory to 10 gigahertz outweighs the benefit until such 

3 time as the NTIA and the Commission have con4 ducted the inventory to 10 gigahertz. 

5 ‘‘(d) MAINTENANCE AND UPDATING OF INFORMA6 TION.—After the creation of the inventory required by sub7 section (a)(1), the NTIA and the Commission shall make 

8 all reasonable efforts to maintain and update the informa9 tion required under such subsection on a quarterly basis, 

10 including when there is a transfer or auction of a license 

11 or a change in a permanent assignment or license. 

12 ‘‘(e) NATIONAL SECURITY AND PUBLIC SAFETY INFOR13 MATION.— 

14 ‘‘(1) NONDISCLOSURE.— 

15 ‘‘(A) IN GENERAL.—If the head of an execu16 tive agency of the Federal Government deter17 mines that public disclosure of certain informa18 tion held by that agency or a licensee of non19 Federal spectrum and required by subsection (a), 

20 (c), or (d) would reveal classified national secu21 rity information or other information for which 

22 there is a legal basis for nondisclosure and such 

23 public disclosure would be detrimental to na24 tional security, homeland security, or public 

25 safety, the agency head shall notify the NTIA of 


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1 that determination and shall include descrip2 tions of the activities, capabilities, functions, or 

3 missions (including whether they are space4 based, air-based, or ground-based) supported by 

5 the information being withheld. 

6 ‘‘(B) INFORMATION PROVIDED.—The agency 

7 head shall provide to NTIA— 

8 ‘‘(i) the publicly releasable information 

9 required by subsection (a)(1); 

10 ‘‘(ii) to the maximum extent prac11 ticable, a summary description, suitable for 

12 public release, of the classified national se13 curity information or other information for 

14 which there is a legal basis for nondisclo15 sure; and 

16 ‘‘(iii) a classified annex, under appro17 priate cover, containing the classified na18 tional security information or other infor19 mation for which there is a legal basis for 

20 nondisclosure that the agency head has de21 termined must be withheld from public dis22 closure. 

23 ‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— 

24 ‘‘(A) IN GENERAL.—If a licensee of non25 Federal spectrum determines that public discloVerDate Nov 24 2008 23:48 Apr 13, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3125.RH H3125

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1 sure of certain information held by that licensee 

2 and required to be submitted by subsection (a), 

3 (c), or (d) would reveal information for which 

4 public disclosure would be detrimental to public 

5 safety, or the licensee is otherwise prohibited by 

6 law from disclosing the information, the licensee 

7 may petition the Commission for a partial or 

8 total exemption from inclusion on the centralized 

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

10 the report required by subsection (c). 

11 ‘‘(B) BURDEN.—The licensee seeking an ex12 emption under this paragraph bears the burden 

13 of justifying the exemption and shall provide 

14 clear and convincing evidence to support such an 

15 exemption. 

16 ‘‘(C) INFORMATION REQUIRED.—If an ex17 emption is granted under this paragraph, the li18 censee shall provide to the Commission— 

19 ‘‘(i) the publicly releasable information 

20 required by subsection (a)(1) for the inven21 tory; 

22 ‘‘(ii) to the maximum extent prac23 ticable, a summary description, suitable for 

24 public release, of the information for which 

25 public disclosure would be detrimental to 


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1 public safety or the licensee is otherwise 

2 prohibited by law from disclosing; and 

3 ‘‘(iii) an annex, under appropriate 

4 cover, containing the information that the 

5 Commission has determined should be with6 held from public disclosure. 

7 ‘‘(3) ADDITIONAL DISCLOSURE.—The annexes re8 quired under paragraphs (1)(B)(iii) and (2)(C)(iii) 

9 shall be provided to the congressional committees list10 ed in subsection (c), but shall not be disclosed to the 

11 public under subsection (a) or subsection (d) or pro12 vided to any unauthorized person through any other 

13 means. 

14 ‘‘(4) NATIONAL SECURITY COUNCIL CONSULTA15 TION.—Prior to the release of the inventory under 

16 subsection (a), any updates to the inventory resulting 

17 from subsection (d), or the submission of a report 

18 under subsection (c)(1), the NTIA and the Commis19 sion shall consult with the National Security Council 

20 for a period not to exceed 30 days for the purposes 

21 of determining what additional information, if any, 

22 shall be withheld from the public. 

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

24 maintaining the inventory, centralized portal or Web site, 

25 and reports under this section, the NTIA and the CommisVerDate Nov 24 2008 23:48 Apr 13, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3125.RH H3125

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1 sion shall follow their rules and practice regarding con2 fidential and proprietary information. Nothing in this sub3 section shall be construed to compel the Commission to make 

4 publicly available any confidential or proprietary informa5 tion.’’. 


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Union Calendar No. 265 

111TH CONGRESS 

2D SESSION H. R. 3125 

[Report No. 111–462] 

A BILL 

To require an inventory of radio spectrum bands 

Communications Commission. and Information Administration and the Federal managed by the National Telecommunications 

APRIL 13, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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