[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3433

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2012

 Ms. Snowe (for herself and Mr. Warner) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


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

    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 of 
2012''.

SEC. 2. SPECTRUM INVENTORY.

    (a) Amendment to Communications Act.--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. 343. SPECTRUM INVENTORY.

    ``(a) Radio Spectrum Inventory.--Not later than 1 year after the 
date of enactment of the Radio Spectrum Inventory Act of 2012, and 
biennially thereafter, the Commission, in consultation with the NTIA 
and the Office of Science and Technology Policy, shall carry out the 
following activities:
            ``(1) Report.--Prepare a report that includes an inventory 
        of each radio spectrum band, from 300 Megahertz to 6.5 
        Gigahertz, at a minimum, managed by each such agency. Except as 
        provided in subsection (b), the report shall include--
                    ``(A) the licensee or Federal Government user 
                authorized in the band;
                    ``(B) the total spectrum authorized for each 
                licensee or Federal Government user (in percentage 
                terms and in sum) in the band;
                    ``(C) the approximate number of transmitters, end-
                user terminals, or receivers, excluding unintended 
                radiators, that have been deployed or authorized, for 
                each licensee or Federal Government user, in the band; 
                and
                    ``(D) if such information is available--
                            ``(i) the type of transmitters, end-user 
                        terminals, or receivers, excluding unintended 
                        radiators, operating in the band and whether 
                        they are space-, air-, or ground-based;
                            ``(ii) the type of transmitters, end-user 
                        terminals, or receivers, excluding unintended 
                        radiators, authorized to operate in the band 
                        and whether they are space-, air-, or ground-
                        based;
                            ``(iii) 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;
                            ``(iv) the approximate geo-location of base 
                        stations or fixed transmitters;
                            ``(v) the approximate extent of use, by 
                        geography, of 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;
                            ``(vi) the activities, capabilities, 
                        functions, or missions supported by the 
                        transmitters, end-user terminals, or receivers; 
                        and
                            ``(vii) the types of unlicensed devices 
                        authorized to operate in the band.
            ``(2) Public access.--Create a centralized portal or 
        website utilizing data from the Commission and the NTIA to make 
        a centralized inventory of the bands of each agency available 
        to the public via an Internet-accessible and searchable 
        website.
            ``(3) Updates.--Make all reasonable efforts to maintain and 
        update the information required under paragraph (2) no less 
        frequently than quarterly to reflect, at a minimum, any 
        transfer or auction of licenses or change in allocation, 
        assignment, or authorization.
    ``(b) National Security; Classified Information.--
            ``(1) In general.--If the head of a Federal agency 
        determines that disclosure of information required by 
        subsection (a) would be harmful to the national security of the 
        United States, the agency shall--
                    ``(A) notify the NTIA of its determination; and
                    ``(B) provide to the NTIA--
                            ``(i) the other publicly releasable 
                        information required by subsection (a);
                            ``(ii) to the maximum extent practicable, a 
                        summary description of the information with 
                        respect to which the determination was made; 
                        and
                            ``(iii) an annex containing the information 
                        with respect to which the determination was 
                        made.
            ``(2) Classified information.--If the head of a Federal 
        agency determines that any information required by subsection 
        (a) is classified in accordance with Executive Order 13526 of 
        December 29, 2009, or any successor Executive order 
        establishing or modifying the uniform system for classifying, 
        safeguarding, and declassifying national security information, 
        the agency shall--
                    ``(A) notify the NTIA of its determination; and
                    ``(B) provide to the NTIA--
                            ``(i) the information required by 
                        subsection (a)(1) that is not classified;
                            ``(ii) to the maximum extent practicable, a 
                        summary description of the information that is 
                        classified; and
                            ``(iii) an annex containing the information 
                        that is classified.
            ``(3) Annex restriction.--The NTIA shall make an annex 
        described in paragraph (1)(B)(iii) or (2)(B)(iii) available to 
        the Commission. Neither the NTIA nor the Commission may make 
        any such annex available to the public pursuant to subsection 
        (a)(2) or to any unauthorized person through any other means.
    ``(c) Public Safety Nondisclosure.--
            ``(1) In general.--If a licensee of non-Federal spectrum 
        determines that public disclosure of certain information held 
        by that licensee and required to be included in the report 
        under subsection (a) would reveal information for which public 
        disclosure would be detrimental to public safety, or that the 
        licensee is otherwise prohibited by law from disclosing, the 
        licensee may petition the Commission for a partial or total 
        exemption from inclusion on the centralized portal or website 
        under subsection (a)(2) and in the reports required under 
        subsection (d).
            ``(2) Burden.--A licensee seeking an exemption under this 
        subsection bears the burden of justifying the exemption and 
        shall provide clear and convincing evidence to support the 
        requested exemption.
            ``(3) Information required.--If the Commission grants an 
        exemption under this subsection, the licensee shall provide to 
        the Commission--
                    ``(A) the publicly releasable information required 
                by subsection (a)(1) for the inventory;
                    ``(B) to the maximum extent practicable, a summary 
                description, suitable for public release, of the 
                information for which public disclosure would be 
                detrimental to public safety or that the licensee is 
                prohibited by law from disclosing; and
                    ``(C) an annex, under appropriate cover, containing 
                the information that the Commission has determined 
                should be withheld from public disclosure.
    ``(d) Informing the Congress.--
            ``(1) In general.--Except as provided in paragraph (3), the 
        NTIA and the Commission shall submit each report required by 
        subsection (a)(1) to the appropriate Congressional committees.
            ``(2) Nondisclosure of annexes.--Each such report shall be 
        submitted in unclassified form, but may include one or more 
        annexes as provided for by subsections (b)(1)(B)(iii), 
        (b)(2)(B)(iii), and (c)(3)(C). No Congressional committee may 
        make any such annex available to the public or to any 
        unauthorized person.
            ``(3) Classified annexes.--If a report includes a 
        classified annex as provided for by subsection (b)(2)(B)(iii), 
        the NTIA and the Commission shall--
                    ``(A) submit the classified annex only to the 
                appropriate Congressional committees with primary 
                oversight jurisdiction for the user agencies or 
                licensees concerned; and
                    ``(B) provide notice of the submission to the other 
                appropriate Congressional committees.
    ``(e) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate Congressional committees' means the Committee on 
        Commerce, Science, and Transportation of the Senate, the 
        Committee on Energy and Commerce of the House of 
        Representatives, and any other congressional committee with 
        primary oversight jurisdiction for the user agencies or 
        licensees concerned.
            ``(2) NTIA.--The term `NTIA' means the National 
        Telecommunications and Information Administration.''.
    (b) Progress Report.--Not later than 180 days after the date of 
enactment of this Act, the Commission and the National 
Telecommunications and Information Administration shall provide an 
update as to the status of the inventory and report required by section 
343(a) of the Communications Act of 1934, as added by subsection (a) of 
this Act, to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Energy and 
Commerce.
                                 <all>