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

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 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 180 days after the date of enactment of this section:
            ``(1) Create an inventory of each radio spectrum 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 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 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;
                    ``(D) the approximate number of transmitters, 
                repeaters, 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;
                    ``(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 commercial names 
                under which facilities-based service is offered to the 
                public using the spectrum of the non-Federal user, 
                including where the spectrum is being offered via 
                resale and under what commercial names; 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; and
                            ``(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.
            ``(2) Create a centralized portal or website to make the 
        inventory of the bands of frequencies available 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 systems, 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 
Commerce of the House of Representatives containing--
            ``(1) the results of the inventory created under subsection 
        (a)(1);
            ``(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 provided by any 
        Federal or non-Federal user in accordance with subsection (e);
            ``(4) an identification, by relevant geographic area, of 
        the least utilized blocks of spectrum inventoried, with blocks 
        identified in every market of the United States either 
        individually or as part of regional 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 Information.--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 
information 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.--
            ``(1) Compliance.--In complying with subsection (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 national 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 
        Committees 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 Commission shall follow their rules and 
practice regarding confidential and proprietary information.''.
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