[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 649 Reported in Senate (RS)]

                                                       Calendar No. 309
111th CONGRESS
  2d Session
                                 S. 649

                          [Report No. 111-159]

To require an inventory of radio spectrum bands managed by the National 
   Telecommunications and Information Administration and the Federal 
                       Communications Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2009

 Mr. Kerry (for himself, Ms. Snowe, Mr. Nelson of Florida, Mr. Wicker, 
 Mr. Warner, Mrs. Hutchison, Mr. Thune, Ms. Klobuchar, and Mr. Pryor) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                             March 9, 2010

             Reported by Mr. Rockefeller with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Radio Spectrum Inventory 
Act''.</DELETED>

<DELETED>SEC. 2. SPECTRUM INVENTORY.</DELETED>

<DELETED>    Part I of title III of the Communications Act of 1934 (47 
U.S.C. 301 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 342. SPECTRUM INVENTORY.</DELETED>

<DELETED>    ``(a) Radio Spectrum Inventory.--Not later than 180 days 
after the date of enactment of this section, and biennially thereafter, 
the National Telecommunications and Information Administration and the 
Federal Communications Commission, in consultation with the Office of 
Science and Technology, shall carry out each of the following 
activities:</DELETED>
        <DELETED>    ``(1) Conduct a report that includes an inventory 
        of each radio spectrum band, from 300 Megahertz to 3.5 
        Gigahertz, managed by each such agency. Such report shall 
        include--</DELETED>
                <DELETED>    ``(A) the licenses or government user 
                assigned in the band;</DELETED>
                <DELETED>    ``(B) the total spectrum allocation, by 
                band, of each licensee or government user (in 
                percentage terms and in sum);</DELETED>
                <DELETED>    ``(C) the number of intentional radiators 
                and end-user intentional radiators that have been 
                deployed in the band with each license or government 
                user; and</DELETED>
                <DELETED>    ``(D) if such information is available--
                </DELETED>
                        <DELETED>    ``(i) the type of intentional 
                        radiators operating in the band;</DELETED>
                        <DELETED>    ``(ii) the type of unlicensed 
                        intentional radiators authorized to operate in 
                        the band;</DELETED>
                        <DELETED>    ``(iii) contour maps that 
                        illustrate signal coverage and strength; 
                        and</DELETED>
                        <DELETED>    ``(iv) the approximate geo-
                        location of base stations or fixed 
                        transmitters.</DELETED>
        <DELETED>    ``(2) Create a centralized portal or website 
        utilized by each such agency to make the inventory of the bands 
        of such agency available to the public via an Internet-
        accessible website.</DELETED>
        <DELETED>    ``(3) Make all necessary efforts to maintain and 
        update the information required under paragraph (2) in near 
        real-time fashion and whenever there is a transfer or auction 
        of licenses or change in allocation or assignment.</DELETED>
        <DELETED>    ``(4) Submit the report required under paragraph 
        (1) to the Committee on Commerce, Science, and Transportation 
        of the Senate and to the Committee on Energy and Commerce of 
        the House of Representatives.</DELETED>
<DELETED>    ``(b) National Security Exemption.--A licensee or 
government user of spectrum may petition the Commission or the National 
Telecommunications and Information Administration for a partial or 
total exemption from inclusion on the website and in the report 
required by subsection (a). Such an exemption may be granted only to 
the extent that each such agency determines that disclosure of such 
information would be harmful to the national security of the United 
States. The licensee or government user seeking an exemption under this 
subsection bears the burden of justifying the exemption and shall 
provide clear and convincing evidence to support such an exemption. Any 
such exemption shall apply only for 2 years and shall expire upon the 
end of such 2-year period unless the licensee or government user seeks 
and obtains an extension in accordance with this subsection. 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 (a)(4) on a confidential 
basis.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Radio Spectrum Inventory Act''.

SEC. 2. SPECTRUM INVENTORY.

    Part I of title III of the Communications Act of 1934 (47 U.S.C. 
301 et seq.) is amended by adding at the end the following:

``SEC. 342. SPECTRUM INVENTORY.

    ``(a) Radio Spectrum Inventory.--Not later than 180 days after the 
date of enactment of this section, and biennially thereafter, the 
National Telecommunications and Information Administration and the 
Federal Communications Commission, in consultation with the Office of 
Science and Technology Policy, shall carry out each of the following 
activities:
            ``(1) Conduct a report that includes an inventory of each 
        radio spectrum band, at a minimum, from 300 Megahertz to 3.5 
        Gigahertz, managed by each such agency. Such report shall 
        include--
                    ``(A) the licenses or government user assigned in 
                the band;
                    ``(B) the total spectrum allocation, by band, of 
                each licensee or government user (in percentage terms 
                and in sum);
                    ``(C) the number of intentional radiators and end-
                user intentional radiators that have been deployed in 
                the band with each license or government user; and
                    ``(D) if such information is available--
                            ``(i) the type of intentional radiators 
                        operating in the band;
                            ``(ii) the type of unlicensed intentional 
                        radiators authorized to operate in the band;
                            ``(iii) contour maps that illustrate signal 
                        coverage and strength; and
                            ``(iv) the approximate geo-location of base 
                        stations or fixed transmitters.
            ``(2) Create a centralized portal or website utilized by 
        each such agency to make the inventory of the bands of such 
        agency available to the public via an Internet-accessible 
        website.
            ``(3) Make all necessary efforts to maintain and update the 
        information required under paragraph (2) in near real-time 
        fashion and whenever there is a transfer or auction of licenses 
        or change in allocation or assignment.
            ``(4) Submit the report required under paragraph (1) to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and to the Committee on Energy and Commerce of the House 
        of Representatives.
    ``(b) National Security Exemption.--A licensee or government user 
of spectrum may petition the Commission or the National 
Telecommunications and Information Administration for a partial or 
total exemption from inclusion on the website and in the report 
required by subsection (a). Such an exemption may be granted only to 
the extent that each such agency determines that disclosure of such 
information would be harmful to the national security of the United 
States. The licensee or government user seeking an exemption under this 
subsection bears the burden of justifying the exemption and shall 
provide clear and convincing evidence to support such an exemption. Any 
such exemption shall apply only for 2 years and shall expire upon the 
end of such 2-year period unless the licensee or government user seeks 
and obtains an extension in accordance with this subsection. 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 (a)(4) on a confidential basis.''.
                                                       Calendar No. 309

111th CONGRESS

  2d Session

                                 S. 649

                          [Report No. 111-159]

_______________________________________________________________________

                                 A BILL

To require an inventory of radio spectrum bands managed by the National 
   Telecommunications and Information Administration and the Federal 
                       Communications Commission.

_______________________________________________________________________

                             March 9, 2010

                       Reported with an amendment