IB 
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 Michi-
gan, 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 Com-
mission. 
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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’’. 
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 pro-
mote 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 fre-
quencies listed in the United States Table of Fre-
quency Allocations, from 225 megahertz to, at a min-
imum, 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— 
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‘‘(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 au-
thorized 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 op-
erate in each band of frequencies; 
‘‘(D) the total amount of spectrum, by band 
of frequencies, assigned or licensed to each Fed-
eral 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 transmit-
ters, 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 
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the amount and percentage of time of use, num-
ber of end users, or other measures as appro-
priate 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 spec-
trum in each band; 
‘‘(ii) for each band or range of fre-
quencies, the identity of each entity offering 
unlicensed services and the types and ap-
proximate number of unlicensed intentional 
radiators verified or certified by the Com-
mission that are authorized to operate; and 
‘‘(iii) for non-Federal users, any com-
mercial 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 
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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 ex-
isting databases, field testing, and recordkeeping systems, 
and only request information from Federal and non-Fed-
eral users if such information cannot be obtained using such 
agency resources. 
‘‘(c) REPORTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (e), not later than 2 years after the date of en-
actment of this section and biennially thereafter, the 
NTIA and the Commission shall submit a report to 
the Committee on Commerce, Science, and Transpor-
tation of the Senate and to the Committee on Energy 
and Commerce of the House of Representatives con-
taining— 
‘‘(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 
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‘‘(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 Com-
merce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of 
the House of Representatives containing a rec-
ommendation 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 4 years after the date of enactment of 
this section and every 4 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 sub-
mitted, the NTIA and the Comission shall include an 
evaluation in such report and in every report there-
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after of whether the burden of expanding the inven-
tory to 10 gigahertz outweighs the benefit until such 
time as the NTIA and the Commission have con-
ducted the inventory to 10 gigahertz. 
‘‘(d) MAINTENANCE
AND UPDATING
OF INFORMA-
TION.—After the creation of the inventory required by sub-
section (a)(1), the NTIA and the Commission shall make 
all reasonable efforts to maintain and update the informa-
tion 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 INFOR-
MATION.— 
‘‘(1) NONDISCLOSURE.— 
‘‘(A) IN GENERAL.—If the head of an execu-
tive agency of the Federal Government deter-
mines that public disclosure of certain informa-
tion held by that agency or a licensee of non- 
Federal spectrum and required by subsection (a), 
(c), or (d) would reveal classified national secu-
rity information or other information for which 
there is a legal basis for nondisclosure and such 
public disclosure would be detrimental to na-
tional security, homeland security, or public 
safety, the agency head shall notify the NTIA of 
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that determination and shall include descrip-
tions 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 prac-
ticable, a summary description, suitable for 
public release, of the classified national se-
curity information or other information for 
which there is a legal basis for nondisclo-
sure; and 
‘‘(iii) a classified annex, under appro-
priate cover, containing the classified na-
tional security information or other infor-
mation for which there is a legal basis for 
nondisclosure that the agency head has de-
termined must be withheld from public dis-
closure. 
‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— 
‘‘(A) IN GENERAL.—If a licensee of non- 
Federal spectrum determines that public disclo-
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sure 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 ex-
emption 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 ex-
emption is granted under this paragraph, the li-
censee shall provide to the Commission— 
‘‘(i) the publicly releasable information 
required by subsection (a)(1) for the inven-
tory; 
‘‘(ii) to the maximum extent prac-
ticable, a summary description, suitable for 
public release, of the information for which 
public disclosure would be detrimental to 
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