II 
Calendar No. 347 
111TH CONGRESS 
2D SESSION 
H. R. 3125 
IN THE SENATE OF THE UNITED STATES 
APRIL 15, 2010 
Received; read twice and placed on the calendar 
AN ACT 
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’’. 
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: 
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‘‘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), cre-
ate 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 
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 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 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 receiv-
ers, or other radio frequency devices authorized 
to operate in each band of frequencies; 
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‘‘(D) the total amount of spectrum, by 
band of frequencies, assigned or licensed to 
each Federal or non-Federal user (in percent-
age 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 fre-
quencies; 
‘‘(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 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; 
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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; 
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, includ-
ing the commercial names under which the 
spectrum is being offered through resale. 
‘‘(2) Except as provided in subsection (e), cre-
ate a centralized portal or Web site to make the in-
ventory 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 sys-
tems, and only request information from Federal and non- 
Federal users if such information cannot be obtained 
using such agency resources. 
‘‘(c) REPORTS.— 
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ate and the Committee on Energy and Com-
merce of the House of Representatives con-
taining 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 re-
port 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 INFORMA-
TION.—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 
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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 IN-
FORMATION.— 
‘‘(1) NONDISCLOSURE.— 
‘‘(A) IN GENERAL.—If the head of an ex-
ecutive agency of the Federal Government de-
termines that public disclosure of certain infor-
mation 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 pub-
lic safety, the agency head shall notify the 
NTIA of that determination and shall include 
descriptions of the activities, capabilities, func-
tions, or missions (including whether they are 
space-based, air-based, or ground-based) sup-
ported by the information being withheld. 
‘‘(B) 
INFORMATION
PROVIDED.—The 
agency head shall provide to NTIA— 
‘‘(i) the publicly releasable informa-
tion required by subsection (a)(1); 
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‘‘(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-
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 central-
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ized 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 bur-
den of justifying the exemption and shall pro-
vide 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 informa-
tion required by subsection (a)(1) for the 
inventory; 
‘‘(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 
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) 
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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 CONSULTA-
TION.—Prior to the release of the inventory under 
subsection (a), any updates to the inventory result-
ing from subsection (d), or the submission of a re-
port 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 informa-
tion, 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 Commis-
sion shall follow their rules and practice regarding con-
fidential and proprietary information. Nothing in this sub-
section shall be construed to compel the Commission to 
make publicly available any confidential or proprietary in-
formation.’’. 
Passed the House of Representatives April 14, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 347 
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. 
APRIL 15, 2010 
Received; read twice and placed on the calendar 
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