[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 911 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 911

      To require the National Telecommunications and Information 
Administration and the Federal Communications Commission to conduct an 
     inventory of broadband spectrum, to authorize the Commission, 
contingent on the completion of such inventory, to conduct auctions of 
    voluntarily relinquished spectrum usage rights and to share the 
revenues with the licensees who relinquished such rights, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2011

  Mr. Barrow introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
      To require the National Telecommunications and Information 
Administration and the Federal Communications Commission to conduct an 
     inventory of broadband spectrum, to authorize the Commission, 
contingent on the completion of such inventory, to conduct auctions of 
    voluntarily relinquished spectrum usage rights and to share the 
revenues with the licensees who relinquished such rights, and for other 
                               purposes.

    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 ``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-Federal 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, 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 operate in each band of 
        frequencies;
            ``(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 frequency devices 
        authorized to operate, as appropriate to characterize the 
        extent of use of each radio service in each band of 
        frequencies;
            ``(6) 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
            ``(7) to the greatest extent possible--
                    ``(A) 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;
                    ``(B) 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; and
                    ``(C) 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 the commercial names under which the spectrum 
                is being offered through resale.
    ``(b) Updates of Inventory.--The Assistant Secretary and the 
Commission shall make all reasonable efforts 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 
semiannually.
    ``(c) Reports to Congress.--
            ``(1) Inventory reports.--Not later than December 31, 2011, 
        and biennially thereafter, the Assistant Secretary and the 
        Commission shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and to the Committee on Energy 
        and Commerce of the House of Representatives a report 
        containing--
                    ``(A) the results of the inventory conducted under 
                subsection (a), including any updates to the 
                information in the inventory pursuant to subsection 
                (b);
                    ``(B) a description of any information the 
                Assistant Secretary or the Commission determines 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 agency has notified 
                the Assistant Secretary under subsection (e)(1)(A).
            ``(2) Relocation reports.--Not later than July 1, 2012, and 
        biennially thereafter, the Assistant Secretary and the 
        Commission shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        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 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) determines that public 
                disclosure of certain information held by such agency 
                or a licensee of non-Federal spectrum and required to 
                be included in the inventory under subsection (a) would 
                reveal classified national security information and 
                such public disclosure would be detrimental to national 
                security, the agency head shall notify the Assistant 
                Secretary of that determination 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 information being withheld.
                    ``(B) Information provided.--The agency head shall 
                provide to the Assistant Secretary--
                            ``(i) the publicly releasable information 
                        required by subsection (a);
                            ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the classified national security 
                        information; and
                            ``(iii) a classified annex, under 
                        appropriate cover, containing the classified 
                        national security information that the agency 
                        head has determined must be withheld from 
                        public disclosure.
            ``(2) Additional disclosure.--The annex required under 
        paragraph (1)(B)(iii) shall be provided to the congressional 
        committees described in subsection (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 consultation.--Prior to any 
        public release of the inventory conducted under subsection (a), 
        including submission of a report under subsection (c)(1) and 
        the release of any information on the Internet under subsection 
        (d), the Assistant Secretary and the Commission shall--
                    ``(A) make available to the National Security 
                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 because such release would 
                threaten national security; 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 Security Council under 
                subparagraph (B).
    ``(f) Use of Agency Resources.--In conducting the inventory under 
subsection (a), the Assistant Secretary and the Commission shall first 
use NTIA and Commission 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 resources.''.

SEC. 3. VOLUNTARY INCENTIVE AUCTION REVENUE SHARING.

    (a) In General.--Section 309(j)(8) of the Communications 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 subparagraph (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 ``Notwithstanding 
        subparagraph (A)''; and
            (5) by adding at the end the following new subparagraph:
                    ``(F) Voluntary incentive auction revenue 
                sharing.--
                            ``(i) In general.--Subject to clause (iv), 
                        notwithstanding subparagraphs (A), (B), and 
                        (E), if the Commission determines 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 initial licenses 
                        or the allocation of spectrum for unlicensed 
                        use subject to new service rules, the proceeds 
                        from the use of a competitive bidding system 
                        under this subsection 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 
                        minimis, with the licensee who voluntarily 
                        relinquished such rights.
                            ``(ii) Amounts not shared deposited 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 person who has paid a deposit 
                        to bid in a system of competitive bidding used 
                        to grant spectrum usage rights voluntarily 
                        relinquished under clause (i) and who has been 
                        granted such rights under such system, the 
                        Commission may treat such deposit as proceeds 
                        under this subparagraph if the Commission 
                        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 
                        Information and the Commission submit the 
                        initial report required by subsection (c)(1) of 
                        section 119 of the National Telecommunications 
                        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 Action.--Not later than 180 
days after the date of enactment of this Act, the Federal 
Communications Commission shall establish rules for the implementation 
of voluntary incentive auction revenue sharing under subparagraph (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 television 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''.
                                 <all>