```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3125 Engrossed in House (EH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radio Spectrum Inventory Act''.

SEC. 2. SPECTRUM INVENTORY.

    Part B of title I of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 921 et seq.) is 
amended by adding at the end the following:

``SEC. 119. SPECTRUM INVENTORY.

    ``(a) Radio Spectrum Inventory.--In order to promote the efficient 
use of the electromagnetic spectrum, the NTIA and the Commission shall 
coordinate and carry out each of the following activities not later 
than 1 year after the date of enactment of this section:
            ``(1) Except as provided in subsection (e), create an 
        inventory of each radio spectrum band of frequencies listed in 
        the United States Table of Frequency Allocations, from 225 
        megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz 
        unless the NTIA and the Commission determine that the burden of 
        expanding the inventory outweighs the benefit, that includes--
                    ``(A) the radio services authorized to operate in 
                each band of frequencies;
                    ``(B) the identity of each Federal or non-Federal 
                user within each such radio service authorized to 
                operate in each band of frequencies;
                    ``(C) the activities, capabilities, functions, or 
                missions (including whether such activities, 
                capabilities, functions, or missions are space-based, 
                air-based, or ground-based) supported by the 
                transmitters, end-user terminals or receivers, or other 
                radio frequency devices authorized to operate in each 
                band of frequencies;
                    ``(D) the total amount of spectrum, by band of 
                frequencies, assigned or licensed to each Federal or 
                non-Federal user (in percentage terms and in sum) and 
                the geographic areas covered by their respective 
                assignments or licenses;
                    ``(E) the approximate number of transmitters, end-
                user terminals or receivers, or other radio frequency 
                devices authorized to operate, as appropriate to 
                characterize the extent of use of each radio service in 
                each band of frequencies;
                    ``(F) an approximation of the extent to which each 
                Federal or non-Federal user is using, by geography, 
                each band of frequencies, such as the amount and 
                percentage of time of use, number of end users, or 
                other measures as appropriate to the particular band 
                and radio service; and
                    ``(G) to the greatest extent possible--
                            ``(i) contour maps or other information 
                        that illustrate the coverage area, receiver 
                        performance, and other parameters relevant to 
                        an assessment of the availability of spectrum 
                        in each band;
                            ``(ii) for each band or range of 
                        frequencies, the identity of each entity 
                        offering unlicensed services and the types and 
                        approximate number of unlicensed intentional 
                        radiators verified or certified by the 
                        Commission that are authorized to operate; and
                            ``(iii) for non-Federal users, any 
                        commercial names under which facilities-based 
                        service is offered to the public using the 
                        spectrum of the non-Federal user, including the 
                        commercial names under which the spectrum is 
                        being offered through resale.
            ``(2) Except as provided in subsection (e), create a 
        centralized portal or Web site to make the inventory of the 
        bands of frequencies required under paragraph (1) available to 
        the public.
    ``(b) Use of Agency Resources.--In creating the inventory described 
in subsection (a)(1), the NTIA and the Commission shall first use 
agency resources, including existing databases, field testing, and 
recordkeeping systems, and only request information from Federal and 
non-Federal users if such information cannot be obtained using such 
agency resources.
    ``(c) Reports.--
            ``(1) In general.--Except as provided in subsection (e), 
        not later than 2 years after the date of enactment of this 
        section and biennially thereafter, the NTIA and the Commission 
        shall submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and to the Committee on Energy 
        and Commerce of the House of Representatives containing--
                    ``(A) the results of the inventory created under 
                subsection (a)(1), including any update to the 
                information in the inventory pursuant to subsection 
                (d);
                    ``(B) a description of any information the NTIA or 
                the Commission determines is necessary for such 
                inventory but that is unavailable; and
                    ``(C) a description of any information not provided 
                by any Federal or non-Federal user in accordance with 
                subsections (e)(1)(B)(ii) and (e)(2)(C)(ii).
            ``(2) Relocation report.--
                    ``(A) In general.--Except as provided in subsection 
                (e), the NTIA and the Commission shall submit a report 
                to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Energy and Commerce of the House of Representatives 
                containing a recommendation of which spectrum, if any, 
                should be reallocated or otherwise made available for 
                shared access and an explanation of the basis for that 
                recommendation.
                    ``(B) Deadlines.--The report required under 
                subparagraph (A) shall be submitted not later than 2 
                years after the date of enactment of this section and 
                every 2 years thereafter.
            ``(3) Inventory report.--If the NTIA and the Commission 
        have not conducted an inventory under subsection (a) to 10 
        gigahertz at least 90 days before the third report required 
        under paragraph (1) is submitted, the NTIA and the Commission 
        shall include an evaluation in such report and in every report 
        thereafter of whether the burden of expanding the inventory to 
        10 gigahertz outweighs the benefit until such time as the NTIA 
        and the Commission have conducted the inventory to 10 
        gigahertz.
    ``(d) Maintenance and Updating of Information.--After the creation 
of the inventory required by subsection (a)(1), the NTIA and the 
Commission shall make all reasonable efforts to maintain and update the 
information required under such subsection on a quarterly basis, 
including when there is a transfer or auction of a license or a change 
in a permanent assignment or license.
    ``(e) National Security and Public Safety Information.--
            ``(1) Nondisclosure.--
                    ``(A) In general.--If the head of an executive 
                agency of the Federal Government determines that public 
                disclosure of certain information held by that agency 
                or a licensee of non-Federal spectrum and required by 
                subsection (a), (c), or (d) would reveal classified 
                national security information or other information for 
                which there is a legal basis for nondisclosure and such 
                public disclosure would be detrimental to national 
                security, homeland security, or public safety, the 
                agency head shall notify the NTIA of that determination 
                and shall include descriptions of the activities, 
                capabilities, functions, or missions (including whether 
                they are space-based, air-based, or ground-based) 
                supported by the information being withheld.
                    ``(B) Information provided.--The agency head shall 
                provide to NTIA--
                            ``(i) the publicly releasable information 
                        required by subsection (a)(1);
                            ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the classified national security 
                        information or other information for which 
                        there is a legal basis for nondisclosure; and
                            ``(iii) a classified annex, under 
                        appropriate cover, containing the classified 
                        national security information or other 
                        information for which there is a legal basis 
                        for nondisclosure that the agency head has 
                        determined must be withheld from public 
                        disclosure.
            ``(2) Public safety nondisclosure.--
                    ``(A) In general.--If a licensee of non-Federal 
                spectrum determines that public disclosure of certain 
                information held by that licensee and required to be 
                submitted by subsection (a), (c), or (d) would reveal 
                information for which public disclosure would be 
                detrimental to public safety, or the licensee is 
                otherwise prohibited by law from disclosing the 
                information, the licensee may petition the Commission 
                for a partial or total exemption from inclusion on the 
                centralized portal or Web site under subsection (a)(2) 
                and in the report required by subsection (c).
                    ``(B) Burden.--The licensee seeking an exemption 
                under this paragraph bears the burden of justifying the 
                exemption and shall provide clear and convincing 
                evidence to support such an exemption.
                    ``(C) Information required.--If an exemption is 
                granted under this paragraph, the licensee shall 
                provide to the Commission--
                            ``(i) the publicly releasable information 
                        required by subsection (a)(1) for the 
                        inventory;
                            ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the information for which public 
                        disclosure would be detrimental to public 
                        safety or the licensee is otherwise prohibited 
                        by law from disclosing; and
                            ``(iii) an annex, under appropriate cover, 
                        containing the information that the Commission 
                        has determined should be withheld from public 
                        disclosure.
            ``(3) Additional disclosure.--The annexes required under 
        paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to the 
        congressional committees listed in subsection (c), but shall 
        not be disclosed to the public under subsection (a) or 
        subsection (d) or provided to any unauthorized person through 
        any other means.
            ``(4) National security council consultation.--Prior to the 
        release of the inventory under subsection (a), any updates to 
        the inventory resulting from subsection (d), or the submission 
        of a report under subsection (c)(1), the NTIA and the 
        Commission shall consult with the National Security Council for 
        a period not to exceed 30 days for the purposes of determining 
        what additional information, if any, shall be withheld from the 
        public.
    ``(f) Proprietary Information.--In creating and maintaining the 
inventory, centralized portal or Web site, and reports under this 
section, the NTIA and the Commission shall follow their rules and 
practice regarding confidential and proprietary information. Nothing in 
this subsection shall be construed to compel the Commission to make 
publicly available any confidential or proprietary information.''.

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