111TH CONGRESS 

2D SESSION H. R. 3125 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Radio Spectrum Inven3 tory Act’’. 

4 SEC. 2. SPECTRUM INVENTORY. 

5 Part B of title I of the National Telecommunications 

6 and Information Administration Organization Act (47 

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

8 following: 

9 ‘‘SEC. 119. SPECTRUM INVENTORY. 

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

11 promote the efficient use of the electromagnetic spectrum, 

12 the NTIA and the Commission shall coordinate and carry 

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

14 after the date of enactment of this section: 

15 ‘‘(1) Except as provided in subsection (e), cre16 ate an inventory of each radio spectrum band of fre17 quencies listed in the United States Table of Fre18 quency Allocations, from 225 megahertz to, at a 

19 minimum, 3.7 gigahertz, and to 10 gigahertz unless 

20 the NTIA and the Commission determine that the 

21 burden of expanding the inventory outweighs the 

22 benefit, that includes— 

23 ‘‘(A) the radio services authorized to oper24 ate in each band of frequencies; 
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1 ‘‘(B) the identity of each Federal or non2 Federal user within each such radio service au3 thorized to operate in each band of frequencies; 

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

5 or missions (including whether such activities, 

6 capabilities, functions, or missions are space7 based, air-based, or ground-based) supported by 

8 the transmitters, end-user terminals or receiv9 ers, or other radio frequency devices authorized 

10 to operate in each band of frequencies; 

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

12 band of frequencies, assigned or licensed to 

13 each Federal or non-Federal user (in percent14 age terms and in sum) and the geographic 

15 areas covered by their respective assignments or 

16 licenses; 

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

19 radio frequency devices authorized to operate, 

20 as appropriate to characterize the extent of use 

21 of each radio service in each band of fre22 quencies; 

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

24 which each Federal or non-Federal user is 

25 using, by geography, each band of frequencies, 
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1 such as the amount and percentage of time of 

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

3 appropriate to the particular band and radio 

4 service; and 

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

6 ‘‘(i) contour maps or other informa7 tion that illustrate the coverage area, re8 ceiver performance, and other parameters 

9 relevant to an assessment of the avail10 ability of spectrum in each band; 

11 ‘‘(ii) for each band or range of fre12 quencies, the identity of each entity offer13 ing unlicensed services and the types and 

14 approximate number of unlicensed inten15 tional radiators verified or certified by the 

16 Commission that are authorized to operate; 

17 and 

18 ‘‘(iii) for non-Federal users, any com19 mercial names under which facilities-based 

20 service is offered to the public using the 

21 spectrum of the non-Federal user, includ22 ing the commercial names under which the 

23 spectrum is being offered through resale. 

24 ‘‘(2) Except as provided in subsection (e), cre25 ate a centralized portal or Web site to make the in-
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1 ventory of the bands of frequencies required under 

2 paragraph (1) available to the public. 

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

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

5 the Commission shall first use agency resources, including 

6 existing databases, field testing, and recordkeeping sys7 tems, and only request information from Federal and non8 Federal users if such information cannot be obtained 

9 using such 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 

13 enactment of this section and biennially thereafter, 

14 the NTIA and the Commission shall submit a report 

15 to the Committee on Commerce, Science, and Trans16 portation of the Senate and to the Committee on 

17 Energy and Commerce of the House of Representa18 tives containing— 

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

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

21 to 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 nec-
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1 essary for such inventory but that is unavail2 able; and 

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

4 provided by any Federal or non-Federal user in 

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

6 (e)(2)(C)(ii). 

7 ‘‘(2) RELOCATION REPORT.— 

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

9 subsection (e), the NTIA and the Commission 

10 shall submit a report to the Committee on Com11 merce, Science, and Transportation of the Sen12 ate and the Committee on Energy and Com13 merce of the House of Representatives con14 taining a recommendation of which spectrum, if 

15 any, should be reallocated or otherwise made 

16 available for shared access and an explanation 

17 of the basis for that recommendation. 

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

19 under subparagraph (A) shall be submitted not 

20 later than 2 years after the date of enactment 

21 of this section and every 2 years thereafter. 

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

23 the Commission have not conducted an inventory 

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

25 before the third report required under paragraph (1) 
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1 is submitted, the NTIA and the Commission shall 

2 include an evaluation in such report and in every re3 port thereafter of whether the burden of expanding 

4 the inventory to 10 gigahertz outweighs the benefit 

5 until such time as the NTIA and the Commission 

6 have conducted the inventory to 10 gigahertz. 

7 ‘‘(d) MAINTENANCE AND UPDATING OF INFORMA8 TION.—After the creation of the inventory required by 

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

10 make all reasonable efforts to maintain and update the 

11 information required under such subsection on a quarterly 

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

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

14 ‘‘(e) NATIONAL SECURITY AND PUBLIC SAFETY IN15 FORMATION.— 

16 ‘‘(1) NONDISCLOSURE.— 

17 ‘‘(A) IN GENERAL.—If the head of an ex18 ecutive agency of the Federal Government de19 termines that public disclosure of certain infor20 mation held by that agency or a licensee of non21 Federal spectrum and required by subsection 

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

23 security information or other information for 

24 which there is a legal basis for nondisclosure 

25 and such public disclosure would be detrimental 
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1 to national security, homeland security, or pub2 lic safety, the agency head shall notify the 

3 NTIA of that determination and shall include 

4 descriptions of the activities, capabilities, func5 tions, or missions (including whether they are 

6 space-based, air-based, or ground-based) sup7 ported by the information being withheld. 

8 ‘‘(B) INFORMATION PROVIDED.—The 

9 agency head shall provide to NTIA— 

10 ‘‘(i) the publicly releasable informa11 tion required by subsection (a)(1); 

12 ‘‘(ii) to the maximum extent prac13 ticable, a summary description, suitable for 

14 public release, of the classified national se15 curity information or other information for 

16 which there is a legal basis for nondisclo17 sure; and 

18 ‘‘(iii) a classified annex, under appro19 priate cover, containing the classified na20 tional security information or other infor21 mation for which there is a legal basis for 

22 nondisclosure that the agency head has de23 termined must be withheld from public dis24 closure. 

25 ‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— 
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1 ‘‘(A) IN GENERAL.—If a licensee of non2 Federal spectrum determines that public disclo3 sure of certain information held by that licensee 

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

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

6 public disclosure would be detrimental to public 

7 safety, or the licensee is otherwise prohibited by 

8 law from disclosing the information, the licensee 

9 may petition the Commission for a partial or 

10 total exemption from inclusion on the central11 ized portal or Web site under subsection (a)(2) 

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

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

14 exemption under this paragraph bears the bur15 den of justifying the exemption and shall pro16 vide clear and convincing evidence to support 

17 such an exemption. 

18 ‘‘(C) INFORMATION REQUIRED.—If an ex19 emption is granted under this paragraph, the li20 censee shall provide to the Commission— 

21 ‘‘(i) the publicly releasable informa22 tion required by subsection (a)(1) for the 

23 inventory; 

24 ‘‘(ii) to the maximum extent prac25 ticable, a summary description, suitable for 
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1 public release, of the information for which 

2 public disclosure would be detrimental to 

3 public safety or the licensee is otherwise 

4 prohibited by law from disclosing; and 

5 ‘‘(iii) an annex, under appropriate 

6 cover, containing the information that the 

7 Commission has determined should be 

8 withheld from public disclosure. 

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

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

11 shall be provided to the congressional committees 

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

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

14 provided to any unauthorized person through any 

15 other means. 

16 ‘‘(4) NATIONAL SECURITY COUNCIL CONSULTA17 TION.—Prior to the release of the inventory under 

18 subsection (a), any updates to the inventory result19 ing from subsection (d), or the submission of a re20 port under subsection (c)(1), the NTIA and the 

21 Commission shall consult with the National Security 

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

23 purposes of determining what additional informa24 tion, if any, shall be withheld from the public. 
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1 ‘‘(f) PROPRIETARY INFORMATION.—In creating and 

2 maintaining the inventory, centralized portal or Web site, 

3 and reports under this section, the NTIA and the Commis4 sion shall follow their rules and practice regarding con5 fidential and proprietary information. Nothing in this sub6 section shall be construed to compel the Commission to 

7 make publicly available any confidential or proprietary in8 formation.’’. 

Passed the House of Representatives April 14, 2010. 

Attest: 

Clerk. 
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