I 112th CONGRESS 1st Session H. R. 911 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.

1.

Short title

This Act may be cited as the Spectrum Inventory and Auction Act of 2011.

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:

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.

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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).

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.