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 Com-
mission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Radio Spectrum Inven-
tory Act’’. 
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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 180 days 
after the date of enactment of this section: 
‘‘(1) Create an inventory of each radio spec-
trum band of frequencies used in the United States 
Table of Frequency Allocations, from 225 megahertz 
to 10 gigahertz, that includes— 
‘‘(A) the radio services authorized to oper-
ate in each band of frequencies; 
‘‘(B) the identity of each Federal or non- 
Federal user within each such radio service au-
thorized to operate in each band of frequencies; 
‘‘(C) the total amount of spectrum, by 
band of frequencies, allocated to each Federal 
or non-Federal user (in percentage terms and 
in sum) and the geographic areas covered by 
their respective allocations; 
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‘‘(D) the approximate number of transmit-
ters, repeaters, end-user terminals or receivers, 
or other radio frequency devices authorized to 
operate, as appropriate to characterize the ex-
tent of use of each radio service in each band 
of frequencies; 
‘‘(E) 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; 
‘‘(F) for non-Federal users, any commer-
cial names under which facilities-based service 
is offered to the public using the spectrum of 
the non-Federal user, including where the spec-
trum is being offered via resale and under what 
commercial names; and 
‘‘(G) to the greatest extent possible— 
‘‘(i) contour maps or other informa-
tion that illustrate the coverage area, re-
ceiver performance, and other parameters 
relevant to an assessment of the avail-
ability of spectrum in each band; and 
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‘‘(ii) for each band or range of fre-
quencies, the identity of each entity offer-
ing unlicensed services and the types and 
approximate number of unlicensed inten-
tional radiators verified or certified by the 
Commission that are authorized to operate. 
‘‘(2) Create a centralized portal or website to 
make the inventory of the bands of frequencies avail-
able to the public via an Internet-accessible website. 
‘‘(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 sys-
tems, and only request information from Federal and non- 
Federal users if such information cannot be obtained 
using such agency resources. 
‘‘(c) REPORTS.—Not later than 1 year after the date 
of enactment of this section and annually thereafter, the 
NTIA and the Commission shall each submit a report to 
the Committee on Commerce, Science, and Transportation 
of the Senate and to the Committee on Energy and Com-
merce of the House of Representatives containing— 
‘‘(1) the results of the inventory created under 
subsection (a)(1); 
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‘‘(2) a description of any information the NTIA 
or the Commission determines is necessary for such 
inventory but that is unavailable; 
‘‘(3) a description of any information not pro-
vided by any Federal or non-Federal user in accord-
ance with subsection (e); 
‘‘(4) an identification, by relevant geographic 
area, of the least utilized blocks of spectrum inven-
toried, with blocks identified in every market of the 
United States either individually or as part of re-
gional or nationwide blocks, and an explanation of 
the basis for that identification; and 
‘‘(5) a recommendation of which, if any, of such 
spectrum identified under paragraph (4) the Federal 
Government should reallocate and an explanation of 
the basis for that recommendation. 
‘‘(d) MAINTENANCE AND UPDATING OF INFORMA-
TION.—After the creation of the inventory required by 
subsection (a)(1), the NTIA and the Commission shall 
make all efforts necessary to maintain and update the in-
formation required under such subsection in near real- 
time fashion and whenever there is a transfer or auction 
of a license or a change in an allocation or assignment. 
‘‘(e) NATIONAL SECURITY.— 
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‘‘(1) COMPLIANCE.—In complying with sub-
section (a)(1), a Federal or non-Federal user shall 
make a certification to the NTIA or the Commission 
that the information— 
‘‘(A) is accurate; and 
‘‘(B) is as comprehensive, extensive, and 
complete as possible without harming the na-
tional security of the United States. 
‘‘(2) REPORTING OF WITHHELD INFORMATION 
TO
CONGRESS.—Any information that is excluded 
from public disclosure pursuant to this subsection 
shall still be compiled and reported to the Commit-
tees of Congress described in subsection (c) on a 
confidential basis. 
‘‘(f) PROPRIETARY INFORMATION.—In creating and 
maintaining the inventory, centralized portal or website, 
and reports under this section, the NTIA and the Commis-
sion shall follow their rules and practice regarding con-
fidential and proprietary information.’’. 
Æ 
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