II 

Calendar No. 347 

111TH CONGRESS 

2D SESSION H. R. 3125 

IN THE SENATE OF THE UNITED STATES 

APRIL 15, 2010 

Received; read twice and placed on the calendar 

AN ACT 

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’’. 

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: 


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1 ‘‘SEC. 119. SPECTRUM INVENTORY. 

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

3 promote the efficient use of the electromagnetic spectrum, 

4 the NTIA and the Commission shall coordinate and carry 

5 out each of the following activities not later than 1 year 

6 after the date of enactment of this section: 

7 ‘‘(1) Except as provided in subsection (e), cre8 ate an inventory of each radio spectrum band of fre9 quencies listed in the United States Table of Fre10 quency Allocations, from 225 megahertz to, at a 

11 minimum, 3.7 gigahertz, and to 10 gigahertz unless 

12 the NTIA and the Commission determine that the 

13 burden of expanding the inventory outweighs the 

14 benefit, that includes— 

15 ‘‘(A) the radio services authorized to oper16 ate in each band of frequencies; 

17 ‘‘(B) the identity of each Federal or non18 Federal user within each such radio service au19 thorized to operate in each band of frequencies; 

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

21 or missions (including whether such activities, 

22 capabilities, functions, or missions are space23 based, air-based, or ground-based) supported by 

24 the transmitters, end-user terminals or receiv25 ers, or other radio frequency devices authorized 

26 to operate in each band of frequencies; 


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1 ‘‘(D) the total amount of spectrum, by 

2 band of frequencies, assigned or licensed to 

3 each Federal or non-Federal user (in percent4 age terms and in sum) and the geographic 

5 areas covered by their respective assignments or 

6 licenses; 

7 ‘‘(E) the approximate number of transmit8 ters, end-user terminals or receivers, or other 

9 radio frequency devices authorized to operate, 

10 as appropriate to characterize the extent of use 

11 of each radio service in each band of fre12 quencies; 

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

14 which each Federal or non-Federal user is 

15 using, by geography, each band of frequencies, 

16 such as the amount and percentage of time of 

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

18 appropriate to the particular band and radio 

19 service; 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; 


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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 and 

8 ‘‘(iii) for non-Federal users, any com9 mercial names under which facilities-based 

10 service is offered to the public using the 

11 spectrum of the non-Federal user, includ12 ing the commercial names under which the 

13 spectrum is being offered through resale. 

14 ‘‘(2) Except as provided in subsection (e), cre15 ate a centralized portal or Web site to make the in16 ventory of the bands of frequencies required under 

17 paragraph (1) available to the public. 

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

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

20 the Commission shall first use agency resources, including 

21 existing databases, field testing, and recordkeeping sys22 tems, and only request information from Federal and non23 Federal users if such information cannot be obtained 

24 using such agency resources. 

25 ‘‘(c) REPORTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (e), not later than 2 years after the date of 

3 enactment of this section and biennially thereafter, 

4 the NTIA and the Commission shall submit a report 

5 to the Committee on Commerce, Science, and Trans6 portation of the Senate and to the Committee on 

7 Energy and Commerce of the House of Representa8 tives containing— 

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

10 under subsection (a)(1), including any update 

11 to the information in the inventory pursuant to 

12 subsection (d); 

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

14 NTIA or the Commission determines is nec15 essary for such inventory but that is unavail16 able; and 

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

18 provided by any Federal or non-Federal user in 

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

20 (e)(2)(C)(ii). 

21 ‘‘(2) RELOCATION REPORT.— 

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

23 subsection (e), the NTIA and the Commission 

24 shall submit a report to the Committee on Com25 merce, Science, and Transportation of the SenVerDate Nov 24 2008 23:19 Apr 15, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3125.PCS H3125

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1 ate and the Committee on Energy and Com2 merce of the House of Representatives con3 taining a recommendation of which spectrum, if 

4 any, should be reallocated or otherwise made 

5 available for shared access and an explanation 

6 of the basis for that recommendation. 

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

8 under subparagraph (A) shall be submitted not 

9 later than 2 years after the date of enactment 

10 of this section and every 2 years thereafter. 

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

12 the Commission have not conducted an inventory 

13 under subsection (a) to 10 gigahertz at least 90 days 

14 before the third report required under paragraph (1) 

15 is submitted, the NTIA and the Commission shall 

16 include an evaluation in such report and in every re17 port thereafter of whether the burden of expanding 

18 the inventory to 10 gigahertz outweighs the benefit 

19 until such time as the NTIA and the Commission 

20 have conducted the inventory to 10 gigahertz. 

21 ‘‘(d) MAINTENANCE AND UPDATING OF INFORMA22 TION.—After the creation of the inventory required by 

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

24 make all reasonable efforts to maintain and update the 

25 information required under such subsection on a quarterly 


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1 basis, including when there is a transfer or auction of a 

2 license or a change in a permanent assignment or license. 

3 ‘‘(e) NATIONAL SECURITY AND PUBLIC SAFETY IN4 FORMATION.— 

5 ‘‘(1) NONDISCLOSURE.— 

6 ‘‘(A) IN GENERAL.—If the head of an ex7 ecutive agency of the Federal Government de8 termines that public disclosure of certain infor9 mation held by that agency or a licensee of non10 Federal spectrum and required by subsection 

11 (a), (c), or (d) would reveal classified national 

12 security information or other information for 

13 which there is a legal basis for nondisclosure 

14 and such public disclosure would be detrimental 

15 to national security, homeland security, or pub16 lic safety, the agency head shall notify the 

17 NTIA of that determination and shall include 

18 descriptions of the activities, capabilities, func19 tions, or missions (including whether they are 

20 space-based, air-based, or ground-based) sup21 ported by the information being withheld. 

22 ‘‘(B) INFORMATION PROVIDED.—The 

23 agency head shall provide to NTIA— 

24 ‘‘(i) the publicly releasable informa25 tion required by subsection (a)(1); 


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1 ‘‘(ii) to the maximum extent prac2 ticable, a summary description, suitable for 

3 public release, of the classified national se4 curity information or other information for 

5 which there is a legal basis for nondisclo6 sure; and 

7 ‘‘(iii) a classified annex, under appro8 priate cover, containing the classified na9 tional security information or other infor10 mation for which there is a legal basis for 

11 nondisclosure that the agency head has de12 termined must be withheld from public dis13 closure. 

14 ‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— 

15 ‘‘(A) IN GENERAL.—If a licensee of non16 Federal spectrum determines that public disclo17 sure of certain information held by that licensee 

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

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

20 public disclosure would be detrimental to public 

21 safety, or the licensee is otherwise prohibited by 

22 law from disclosing the information, the licensee 

23 may petition the Commission for a partial or 

24 total exemption from inclusion on the centralVerDate Nov 24 2008 23:19 Apr 15, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3125.PCS H3125

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1 ized portal or Web site under subsection (a)(2) 

2 and in the report required by subsection (c). 

3 ‘‘(B) BURDEN.—The licensee seeking an 

4 exemption under this paragraph bears the bur5 den of justifying the exemption and shall pro6 vide clear and convincing evidence to support 

7 such an exemption. 

8 ‘‘(C) INFORMATION REQUIRED.—If an ex9 emption is granted under this paragraph, the li10 censee shall provide to the Commission— 

11 ‘‘(i) the publicly releasable informa12 tion required by subsection (a)(1) for the 

13 inventory; 

14 ‘‘(ii) to the maximum extent prac15 ticable, a summary description, suitable for 

16 public release, of the information for which 

17 public disclosure would be detrimental to 

18 public safety or the licensee is otherwise 

19 prohibited by law from disclosing; and 

20 ‘‘(iii) an annex, under appropriate 

21 cover, containing the information that the 

22 Commission has determined should be 

23 withheld from public disclosure. 

24 ‘‘(3) ADDITIONAL DISCLOSURE.—The annexes 

25 required under paragraphs (1)(B)(iii) and (2)(C)(iii) 


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1 shall be provided to the congressional committees 

2 listed in subsection (c), but shall not be disclosed to 

3 the public under subsection (a) or subsection (d) or 

4 provided to any unauthorized person through any 

5 other means. 

6 ‘‘(4) NATIONAL SECURITY COUNCIL CONSULTA7 TION.—Prior to the release of the inventory under 

8 subsection (a), any updates to the inventory result9 ing from subsection (d), or the submission of a re10 port under subsection (c)(1), the NTIA and the 

11 Commission shall consult with the National Security 

12 Council for a period not to exceed 30 days for the 

13 purposes of determining what additional informa14 tion, if any, shall be withheld from the public. 

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

16 maintaining the inventory, centralized portal or Web site, 

17 and reports under this section, the NTIA and the Commis18 sion shall follow their rules and practice regarding con19 fidential and proprietary information. Nothing in this sub20 section shall be construed to compel the Commission to 

21 make publicly available any confidential or proprietary in22 formation.’’. 

Passed the House of Representatives April 14, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 347 

111TH CONGRESS 

2D SESSION H. R. 3125 

AN ACT 

To require an inventory of radio spectrum bands 

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

APRIL 15, 2010 

Received; read twice and placed on the calendar 


hsrobinson on DSK69SOYB1PROD with BILLS