SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Spectrum Inventory 
and Auction Act of 2011’’. 
SEC. 2. INVENTORY OF BROADBAND SPECTRUM. 
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 new section: 
‘‘SEC. 119. INVENTORY OF BROADBAND SPECTRUM. 
‘‘(a) IN GENERAL.—The Assistant Secretary and the 
Commission shall conduct an inventory of each broadband 
radio spectrum band of frequencies listed in the United 
States Table of Frequency Allocations. Such inventory 
shall include— 
‘‘(1) the radio services authorized to operate in 
each band of frequencies; 
‘‘(2) the identity of each Federal or non-Fed-
eral user within each such radio service authorized 
to operate in each band of frequencies; 
‘‘(3) the activities, capabilities, functions, or 
missions (including whether such activities, capabili-
ties, functions, or missions are space-based, air- 
based, or ground-based) supported by the transmit-
ters, end-user terminals or receivers, or other radio 
frequency devices authorized to operate in each band 
of frequencies; 
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‘‘(4) 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; 
‘‘(5) the approximate number of transmitters, 
end-user terminals or receivers, or other radio fre-
quency devices authorized to operate, as appropriate 
to characterize the extent of use of each radio serv-
ice in each band of frequencies; 
‘‘(6) an approximation of the extent to which 
each Federal or non-Federal user is using, by geog-
raphy, 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 
‘‘(7) to the greatest extent possible— 
‘‘(A) contour maps or other information 
that illustrate the coverage area, receiver per-
formance, and other parameters relevant to an 
assessment of the availability of spectrum in 
each band; 
‘‘(B) for each band or range of fre-
quencies, the identity of each entity offering un-
licensed services and the types and approximate 
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number of unlicensed intentional radiators 
verified or certified by the Commission that are 
authorized to operate; and 
‘‘(C) 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 the commercial 
names under which the spectrum is being of-
fered through resale. 
‘‘(b) UPDATES OF INVENTORY.—The Assistant Sec-
retary and the Commission shall make all reasonable ef-
forts to update the inventory conducted under subsection 
(a) on a quarterly basis, but in no event shall the updates 
of the inventory be made less frequently than semiannu-
ally. 
‘‘(c) REPORTS TO CONGRESS.— 
‘‘(1) INVENTORY REPORTS.—Not later than De-
cember 31, 2011, and biennially thereafter, the As-
sistant Secretary and the Commission shall submit 
to the Committee on Commerce, Science, and Trans-
portation of the Senate and to the Committee on 
Energy and Commerce of the House of Representa-
tives a report containing— 
‘‘(A) the results of the inventory conducted 
under subsection (a), including any updates to 
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the information in the inventory pursuant to 
subsection (b); 
‘‘(B) a description of any information the 
Assistant Secretary or the Commission deter-
mines is necessary for the inventory but that is 
unavailable; and 
‘‘(C) a description of any information with 
respect to which the head of an Executive agen-
cy has notified the Assistant Secretary under 
subsection (e)(1)(A). 
‘‘(2) RELOCATION
REPORTS.—Not later than 
July 1, 2012, and biennially thereafter, the Assist-
ant Secretary and the Commission shall submit to 
the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on En-
ergy and Commerce of the House of Representatives 
a report containing a recommendation of which 
bands of frequencies inventoried under subsection 
(a), if any, should be reallocated or otherwise made 
available for shared access and an explanation of the 
basis for that recommendation. 
‘‘(d) AVAILABILITY ON INTERNET.— 
‘‘(1) IN GENERAL.—Not later than March 31, 
2012, the Assistant Secretary and the Commission 
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shall make the inventory conducted under subsection 
(a) available to the public on an Internet website. 
‘‘(2) UPDATES.—Not later than 30 days after 
each update of the inventory under subsection (b), 
the Assistant Secretary and the Commission shall 
update the information posted on the Internet 
website under paragraph (1). 
‘‘(e) NATIONAL SECURITY EXCEPTION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTIFICATION BY AGENCY HEAD.—If 
the head of an Executive agency (as defined in 
section 105 of title 5, United States Code) de-
termines that public disclosure of certain infor-
mation held by such agency or a licensee of 
non-Federal spectrum and required to be in-
cluded in the inventory under subsection (a) 
would reveal classified national security infor-
mation and such public disclosure would be det-
rimental to national security, the agency head 
shall notify the Assistant Secretary of that de-
termination 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 infor-
mation being withheld. 
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‘‘(B) 
INFORMATION
PROVIDED.—The 
agency head shall provide to the Assistant Sec-
retary— 
‘‘(i) the publicly releasable informa-
tion required by subsection (a); 
‘‘(ii) to the maximum extent prac-
ticable, a summary description, suitable for 
public release, of the classified national se-
curity information; and 
‘‘(iii) a classified annex, under appro-
priate cover, containing the classified na-
tional security information that the agency 
head has determined must be withheld 
from public disclosure. 
‘‘(2) ADDITIONAL DISCLOSURE.—The annex re-
quired under paragraph (1)(B)(iii) shall be provided 
to the congressional committees described in sub-
section (c)(1) but shall not be released to the public 
or provided to any unauthorized person through the 
website described in subsection (d) or any other 
means. 
‘‘(3) NATIONAL SECURITY COUNCIL CONSULTA-
TION.—Prior to any public release of the inventory 
conducted under subsection (a), including submis-
sion of a report under subsection (c)(1) and the re-
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lease of any information on the Internet under sub-
section (d), the Assistant Secretary and the Commis-
sion shall— 
‘‘(A) make available to the National Secu-
rity Council the information that the Assistant 
Secretary and the Commission plan to release 
to the public; 
‘‘(B) allow the National Security Council 
not fewer than 30 days to identify information 
that should not be released to the public be-
cause such release would threaten national se-
curity; and 
‘‘(C) not release to the public or provide to 
any unauthorized person through the website 
described in subsection (d) or any other means 
any information identified by the National Se-
curity Council under subparagraph (B). 
‘‘(f) USE OF AGENCY RESOURCES.—In conducting 
the inventory under subsection (a), the Assistant Sec-
retary and the Commission shall first use NTIA and Com-
mission resources, including existing databases, field test-
ing, and recordkeeping systems, and only request informa-
tion from Federal and non-Federal users if such informa-
tion cannot be obtained using such resources.’’. 
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SEC. 3. VOLUNTARY INCENTIVE AUCTION REVENUE SHAR-
ING. 
(a) IN GENERAL.—Section 309(j)(8) of the Commu-
nications Act of 1934 (47 U.S.C. 309(j)(8)) is amended— 
(1) in subparagraph (A), by striking ‘‘(D), and 
(E),’’ and inserting ‘‘(D), (E), and (F),’’; 
(2) in the first sentence of subparagraph (B), 
by inserting ‘‘and except as provided in subpara-
graph (F)’’ after ‘‘subparagraph (A)’’; 
(3) in subparagraph (C)(i), by inserting ‘‘and 
subparagraph (F)’’ after ‘‘subparagraph (E)(ii)’’; 
(4) in subparagraph (E)(ii), by inserting ‘‘and 
except as provided in subparagraph (F)’’ after ‘‘Not-
withstanding subparagraph (A)’’; and 
(5) by adding at the end the following new sub-
paragraph: 
‘‘(F) VOLUNTARY
INCENTIVE
AUCTION 
REVENUE SHARING.— 
‘‘(i) IN GENERAL.—Subject to clause 
(iv), notwithstanding subparagraphs (A), 
(B), and (E), if the Commission deter-
mines that it is consistent with the public 
interest in utilization of the spectrum for a 
licensee to relinquish voluntarily some or 
all of its licensed spectrum usage rights in 
order to permit the assignment of new ini-
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tial licenses or the allocation of spectrum 
for unlicensed use subject to new service 
rules, the proceeds from the use of a com-
petitive bidding system under this sub-
section in granting such rights to another 
licensee shall be shared, in an amount or 
percentage that the Commission considers 
appropriate and that is more than de mini-
mis, with the licensee who voluntarily relin-
quished such rights. 
‘‘(ii) AMOUNTS NOT SHARED DEPOS-
ITED IN TREASURY.—In any case in which 
a licensee voluntarily relinquishes licensed 
spectrum usage rights under clause (i), the 
Commission shall deposit in the Treasury 
any portion of the proceeds described in 
such clause that the Commission does not 
share with the licensee. 
‘‘(iii) TREATMENT
OF
DEPOSITS
OF 
SUCCESSFUL
BIDDERS.—Notwithstanding 
subparagraph (C)(i), in the case of a per-
son who has paid a deposit to bid in a sys-
tem of competitive bidding used to grant 
spectrum usage rights voluntarily relin-
quished under clause (i) and who has been 
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granted such rights under such system, the 
Commission may treat such deposit as pro-
ceeds under this subparagraph if the Com-
mission considers it appropriate. 
‘‘(iv) AUTHORITY
CONTINGENT
ON 
COMPLETION
OF
BROADBAND
SPECTRUM 
INVENTORY.—The Commission shall have 
no authority to auction spectrum rights 
voluntarily relinquished in accordance with 
clause (i) until the Assistant Secretary of 
Commerce for Communications and Infor-
mation and the Commission submit the ini-
tial report required by subsection (c)(1) of 
section 119 of the National Telecommuni-
cations and Information Administration 
Organization Act (relating to the inventory 
of broadband spectrum conducted under 
subsection (a) of such section) and make 
such inventory available on an Internet 
website (as required by subsection (d)(1) 
of such section).’’. 
(b) FEDERAL COMMUNICATIONS COMMISSION AC-
TION.—Not later than 180 days after the date of enact-
ment of this Act, the Federal Communications Commis-
sion shall establish rules for the implementation of vol-
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untary incentive auction revenue sharing under subpara-
graph (F) of section 309(j)(8) of the Communications Act 
of 1934, as added by subsection (a)(5). 
(c) PROHIBITION
ON FEDERAL COMMUNICATIONS 
COMMISSION
ACTION.—The Federal Communications 
Commission may not reclaim frequencies of broadcast tele-
vision licensees or any other licensees directly or indirectly 
on an involuntary basis under subparagraph (F) of section 
309(j)(8) of the Communications Act of 1934, as added 
by subsection (a)(5). 
SEC. 4. EXTENSION OF FCC AUCTION AUTHORITY. 
Section 309(j)(11) of the Communications Act of 
1934 (47 U.S.C. 309(j)(11)) is amended by striking 
‘‘2012’’ and inserting ‘‘2020’’. 
Æ 
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