[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 455

    To promote development and opportunity with regards to spectrum 
               occupancy and use, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2011

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

_______________________________________________________________________

                                 A BILL


 
    To promote development and opportunity with regards to spectrum 
               occupancy and use, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reforming Airwaves 
by Developing Incentives and Opportunistic Sharing Act'' or the 
``RADIOS Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Spectrum inventory.
Sec. 4. Spectrum survey and measurement study.
Sec. 5. Spectrum analysis and utilization study.
Sec. 6. Relocation cost-benefit analysis.
Sec. 7. Spectrum relocation fund modifications.
Sec. 8. Spectrum efficiency through receiver standards.
Sec. 9. Spectrum auctions.
Sec. 10. General spectrum management.
Sec. 11. Promoting Wi-Fi and wireless facilities deployment.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``Commission'' means the Federal 
        Communications Commission;
            (2) the term ``licensee'' means the holder of a license 
        granted for the operation of a broadcasting station pursuant to 
        section 307 of the Communications Act of 1934 (47 U.S.C. 307);
            (3) the term ``National Academies'' means the National 
        Academy of Sciences, the National Academy of Engineering, the 
        Institute of Medicine, and the National Research Council;
            (4) the term ``NTIA'' means the National Telecommunications 
        and Information Administration;
            (5) the term ``spectrum sharing'' means the temporary use 
        by a secondary user of unused spectrum in a band at a 
        geographical location licensed to a primary user during idle 
        periods of the primary license use;
            (6) the term ``spectrum reuse'' means the temporary use by 
        a secondary user of unused spectrum in a band at a geographical 
        location where there is no primary licensed user;
            (7) the term ``temporary dynamic short-term use''--
                    (A) means the assignment of a temporary spectrum 
                license to a user that is not the incumbent licensee 
                for the use of spectrum in a given band and specified 
                location for a short period of time in which the 
                spectrum will be unoccupied or in which the incumbent 
                licensee temporarily relinquishes rights to use; and
                    (B) includes short-term spectrum sharing and short-
                term spectrum reuse; and
            (8) the term ``spectrum layering'' means the temporary use 
        by a secondary user of unused spectrum in a band at an 
        altitudinal level where there is no primary user or during idle 
        periods of the primary license use.

SEC. 3. 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. 342. SPECTRUM INVENTORY.

    ``(a) Radio Spectrum Inventory.--Not later than 180 days after the 
date of enactment of the RADIOS Act, 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 Web 
        site 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 Web site.
            ``(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.
            ``(4) FCC to bear costs.--Notwithstanding any other 
        provision of law, all costs incurred by the Commission and the 
        NTIA in establishing and maintaining the centralized inventory 
        and the centralized portal or Web site shall be borne 
        exclusively by the Commission.
    ``(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 Web site 
        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.--Within 180 days after the date of enactment 
of this Act, the Commission and the NTIA shall provide an update as to 
the status of the inventory and report required by section 342(a) of 
the Communications Act of 1934, as added by subsection (a), to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Energy and Commerce.

SEC. 4. SPECTRUM SURVEY AND MEASUREMENT STUDY.

    (a) Survey and Study.--
            (1) In general.--The Commission and the NTIA shall jointly 
        conduct a study of occupancy on the electromagnetic spectrum 
        based on the extent of the use of such spectrum, including the 
        amount and percentage of spectrum used in the band and the 
        duration and percentage of time such spectrum is in use.
            (2) Expert consultation.--In carrying out the study 
        required under paragraph (1), the Commission and the NTIA may 
        consult with the National Academies, other agencies, or 
        nongovernmental organizations with relevant expertise in 
        developing appropriate measurement procedures and systems, data 
        analysis methodologies, or another other aspect related to the 
        surveying and measurement of electromagnetic spectrum.
            (3) Required content.--The study required under paragraph 
        (1) shall--
                    (A) examine occupancy measurements and usage 
                patterns on the electromagnetic spectrum between, at 
                least, 100 megahertz and 10 gigahertz;
                    (B) record occupancy measurements on the 
                electromagnetic spectrum in several diverse 
                geographical locations across the Nation over an 
                appropriate period of time, as determined jointly by 
                the Commission and the NTIA;
                    (C) provide band-by-band commentary as appropriate;
                    (D) provide an analysis of the interaction of 
                receivers and transmitters in adjacent frequencies and 
                the impact that such interaction has on the respective 
                licensees or users of such frequencies; and
                    (E) predict occupancy and usage patterns from 
                existing licensee and Federal Government user spectrum 
                data, and correlate such predictions with the findings 
                made under subparagraphs (A) and (B) in order to 
                determine the accuracy of the data from each agencies' 
                databases or an inventory of the electromagnetic 
                spectrum and what additional data, if any, would be 
                beneficial to collect in the future.
    (b) National Security; Classified Information.--
            (1) In general.--If the head of a Federal agency determines 
        that disclosure of information to the Commission and the NTIA 
        as part of the study required by subsection (a) would be 
        harmful to the national security of the United States, the 
        agency shall--
                    (A) notify the Commission and the NTIA of its 
                determination; and
                    (B) provide to the Commission and 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 to be disclosed 
        as part of the study 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 Commission and the NTIA of its 
                determination; and
                    (B) provide to the Commission and the NTIA--
                            (i) the information required by subsection 
                        (a)(3) 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.--Neither the NTIA nor the Commission 
        may make any annex under this subsection available to the 
        public pursuant to subsection (d)(3) 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 study 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 and the NTIA for a partial 
        or total exemption from inclusion in the public report required 
        under subsection (d)(3).
            (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 and the NTIA 
        grant an exemption under this subsection, the licensee shall 
        provide to the Commission and the NTIA--
                    (A) the publicly releasable information required by 
                subsection (a)(3);
                    (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 and the NTIA has 
                determined should be withheld from public disclosure.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Commission and the NTIA shall 
        jointly submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives that includes--
                    (A) the findings of the study required under 
                subsection (a); and
                    (B) recommendations on the feasibility of promoting 
                alternative types of services or systems that result in 
                more effective and efficient use of the electromagnetic 
                spectrum.
            (2) Nondisclosure of annexes.--The report required under 
        paragraph (1) shall be submitted in unclassified form, but may 
        include 1 or more annexes as provided for by subsections 
        (b)(1)(B)(iii), (b)(2)(B)(iii), and (c)(3)(C). Notwithstanding 
        paragraph (3), no Congressional committee may make any such 
        annex available to the public or to any unauthorized person.
            (3) Public availability.--Subject to paragraph (2), the 
        Commission and the NTIA shall make publicly available on the 
        Web site of each agency the report required under paragraph 
        (1).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Chairman of the Federal Communications Commission 
and the Assistant Secretary at the National Telecommunications and 
Information Administration for carrying out this section $5,000,000 for 
fiscal year 2012 and $5,000,000 for fiscal year 2013.

SEC. 5. SPECTRUM ANALYSIS AND UTILIZATION STUDY.

    (a) Determination of Utilization Definition.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission and the NTIA, in 
        consultation with the Office of Science and Technology Policy 
        and the National Security Council as needed on frequencies or 
        bands related to national security, shall determine appropriate 
        benchmarks for assessing--
                    (A) the utilization of each electromagnetic 
                spectrum band based on the occupancy, activities, 
                capabilities, functions, and missions supported in that 
                band, as well as any additional factors the Commission 
                and the NTIA deem appropriate; and
                    (B) the availability of similar services operating 
                in other bands capable of offering substitutable 
                services.
            (2) Use of common metrics.--The benchmarks developed under 
        paragraph (1) shall include a set of common metrics that apply 
        to respective broad classes of services, allowing comparison of 
        measurements and analysis in multiple bands providing similar 
        classes of services across the electromagnetic spectrum.
    (b) Study on Interference Sensing.--
            (1) Study and comment.--Not later than 90 days after the 
        date of enactment of this Act, the Commission, in consultation 
        with the NTIA, shall conduct a study and seek public comment on 
        various means to provide greater predictability in the 
        determination of harmful interference along the electromagnetic 
        spectrum.
            (2) Report.--Upon completion of the study required under 
        paragraph (1), the Commission shall submit a report to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives that includes--
                    (A) the findings of the study; and
                    (B) recommendations for providing such 
                predictability to both Federal and non-Federal users.
    (c) Identify Spectrum Sharing and Reuse Opportunities Pilot 
Program.--
            (1) Identification.--Not later than 1 year after the 
        completion of electromagnetic spectrum survey and measurement 
        study required under section 4, the Commission and the NTIA 
        shall identify, based on an analysis of the utilization of the 
        electromagnetic spectrum, using the benchmarks established 
        under subsection (a), and with the benefit of public comment--
                    (A) 80 megahertz below 4 gigahertz worth of close 
                proximity electromagnetic spectrum that is most 
                feasible for spectrum sharing opportunities for 
                commercial and Federal Government users;
                    (B) 80 megahertz below 4 gigahertz worth of close 
                proximity electromagnetic spectrum that is most 
                feasible for spectrum reuse opportunities for 
                commercial and Federal Government users;
                    (C) 80 megahertz below 4 gigahertz worth of 
                electromagnetic spectrum that is most feasible for 
                temporary or dynamic short-term assignment and use; and
                    (D) 80 megahertz below 4 gigahertz worth of close 
                proximity electromagnetic spectrum that is most 
                feasible for spectrum layering opportunities for 
                commercial and Federal Government users.
            (2) Sharing and reuse opportunities pilot program.--
                    (A) In general.--Not later than 12 months after the 
                time period set forth in paragraph (1), the Commission 
                and the NTIA shall jointly establish and implement 
                pilot programs to advance and promote spectrum sharing 
                and reuse activities for the bands of spectrum 
                identified under paragraph (1).
                    (B) Evaluation.--The Commission and the NTIA 
                shall--
                            (i) utilize the existing Spectrum Sharing 
                        Innovation Test-Bed for the evaluation of the 
                        pilot programs established under subparagraph 
                        (A); and
                            (ii) establish such additional test beds, 
                        as appropriate, to provide effective resources 
                        to carry out the determination of the technical 
                        and operational feasibility of the spectrum 
                        sharing and reuse opportunities identified 
                        under paragraph (1) for both Federal and non-
                        Federal users.
            (3) Pilot program report and recommendation.--Not later 
        than 8 months after the conclusion of the sharing and reuse 
        opportunities pilot program established under paragraph (2), 
        the Commission and the NTIA shall jointly submit a report to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives that summarizes the feasibility of such 
        programs. If the Commission and the NTIA jointly deem such 
        programs viable, each agency shall begin to implement similar 
        permanent programs within 18 months after the date on which the 
        report is submitted.
    (d) Identification of Spectrum Reallocation.--Not later than 12 
months after the adoption of the utilization benchmarks described under 
subsection (a), the Commission and the NTIA shall, based on an analysis 
of utilization using such benchmarks and after notice and opportunity 
for public comment on such utilization analysis--
            (1) jointly prepare and submit to the President and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report that identifies, by relevant 
        geographic area, not less than 200 megahertz of spectrum below 
        4 gigahertz of the least utilized or most appropriate blocks of 
        electromagnetic spectrum and an explanation of the basis for 
        that identification; and
            (2) develop a plan, taking into consideration whether the 
        primary service on a band may be deemed essential to national 
        security or public safety, or otherwise determined to serve the 
        public interest, convenience, and necessity, for reallocation 
        of any entities or services currently operating in the spectrum 
        described under paragraph (1), along with an estimate for the 
        costs of relocating such entities or services to an alternative 
        band of such spectrum.
    (e) Spectrum Review; Low-Power Device Harmonization.--
            (1) Examination.--The Commission and the NTIA shall jointly 
        examine each radio spectrum band, from 2.5 GHz to 6 GHz, to 
        determine spectrum sharing opportunities for high bandwidth, 
        low-power applications and services.
            (2) Further action.--In carrying out the examination 
        requirement under paragraph (1), and to further promote the 
        market for such spectrum sharing opportunities, the Commission 
        and the NTIA shall, after notice and opportunity for public 
        comment, jointly define coexistence and licensing agreements 
        between primary licensees and secondary users that seek to 
        enter into a spectrum sharing agreement.

SEC. 6. RELOCATION COST-BENEFIT ANALYSIS.

    (a) In General.--The Commission and the NTIA, in consultation with 
the Office of Management and Budget, the Office of Science and 
Technology Policy, and the National Security Council, shall perform a 
cost-benefit analysis on electromagnetic spectrum relocation 
opportunities to move certain Federal users and services currently 
operating in a specific band of the spectrum to more efficient spectrum 
bands in order to maximize the social and economic advantages of the 
use of such spectrum.
    (b) Required Considerations.--The relocation analysis required 
under subsection (a) shall--
            (1) include projected overall costs and timeframes of any 
        potential move; and
            (2) be consistent with the processes set forth in the 
        Commercial Spectrum Enhancement Act (47 U.S.C. 901 note).
    (c) System Upgrades.--In bands determined to be necessary and 
appropriate for continued primary Federal use, the NTIA, in 
consultation with the Commission, shall determine what, if any, radio 
system or service upgrades or other changes could be implemented to 
enhance spectrum efficiency or the ability to share unused co-channel 
or adjacent channel capacity on the spectrum with other agencies or 
private sector users.

SEC. 7. SPECTRUM RELOCATION FUND MODIFICATIONS.

    (a) Retention of Unused Funds.--Section 118(d)(3) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 928(d)(3)) is amended by striking ``8 years'' and inserting ``20 
years''.
    (b) Use of Spectrum Relocation Fund for Planning and Research.--
            (1) In general.--Section 118(c) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928) is amended--
                    (A) by amending the heading to read as follows: 
                ``(c) Uses of Fund.--'';
                    (B) by striking ``used to pay relocation costs'' 
                and inserting the following: ``used--
            ``(1) to pay relocation costs'';
                    (C) by striking the period at the end and inserting 
                a semicolon; and
                    (D) by adding at the end the following:
            ``(2) to fund planning and research with the goal of 
        improving the efficiency of Federal use of spectrum; and
            ``(3) to cover the costs of eligible Federal entities to 
        upgrade their equipment and facilities as long as such upgrades 
        including but not limited to spectrum sharing, reuse, and 
        layering, result in more efficient use of spectrum by such 
        entities.''.
            (2) Conforming amendment.--Section 118(d)(2) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 928(d)(3)) is amended after 
        ``subsection'' by inserting ``to pay relocation costs''.
    (c) National Science Foundation.--Section 118(e) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 928(e)) is amended by adding at the end the following:
            ``(3) Eligible federal entity; national science 
        foundation.--For purposes of this section, the term `eligible 
        Federal entity' shall be deemed to include the National Science 
        Foundation. As an eligible Federal entity the National Science 
        Foundation may submit to the Director of OMB requests for funds 
        under this section to support spectrum research and 
        experimental facilities by the Foundation, provided that such 
        requests have, in the determination of the Director of OMB, in 
        consultation with the NTIA, clear benefits to existing and 
        future Federal users of spectrum.''.
    (d) Auction Proceeds Deposited to Spectrum Relocation Fund.--
            (1) Amendment to communications act.--Paragraph (8) of 
        section 309(j) of the Communications Act of 1934 (47 U.S.C. 
        309(j)) is amended--
                    (A) by striking ``(B), (D), and (E),'' in 
                subparagraph (A) and inserting ``(B), (D), (E), (F), 
                and (G),''; and
                    (B) by inserting at the end the following:
                    ``(F) Increased funding for spectrum relocation 
                fund.--Notwithstanding subparagraph (A), and in 
                addition to any proceeds deposited in accordance with 
                subparagraph (D), 15 percent of the proceeds (including 
                deposits and upfront payments from successful bidders) 
                from the use of any competitive bidding system under 
                this subsection shall be deposited in the Spectrum 
                Relocation Fund established under section 118 of the 
                National Telecommunications and Information 
                Administration Organization Act, and shall be available 
                in accordance with that section.''.
            (2) Conforming amendment.--Section 118(b) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928(b)) is amended by striking ``section 309'' 
        and all that follows through the period at the end and 
        inserting the following: ``subparagraphs (D) and (F) of section 
        309(j)(8) of the Communications Act of 1934.''.
    (e) Clarification of Payment of Relocation Cost.--Paragraph (1) of 
section 118(c) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 928(c)), as so redesignated 
by subsection (b)(1), is further amended by striking ``those 
frequencies'' and inserting ``from frequencies that have been 
identified and recommended for reallocation''.

SEC. 8. SPECTRUM EFFICIENCY THROUGH RECEIVER STANDARDS.

    (a) Interference Rejection.--Each transmission system that employs 
radio spectrum shall be designed and operated so that reasonable use of 
adjacent spectrum does not excessively impair the functioning of such 
system.
    (b) Manufacturers' Responsibilities.--Manufacturers that provide 
for commercial sale devices, services, technologies, products, or 
applications that are designed to operate on or with any transmission 
system described under subsection (a) shall ensure that such devices, 
services, technologies, products, or applications comply with the 
requirements of subsection (a).
    (c) Licensee and Government User Responsibilities.--Each licensee 
or approved Federal Government user of radio spectrum shall ensure that 
any transmission system newly deployed or upgraded by the licensee or 
Federal Government user complies with the requirements of subsection 
(a).
    (d) Existing System Protections.--Beginning on the date that is 10 
years after the date of enactment of this Act, a determination that 
harmful interference exists may only be made if a transmission system 
in compliance with the requirements of subsection (a) encounters, in 
the determination of the Commission, unacceptable impairment due to the 
interfering emission.
    (e) Industry Self-Compliance.--A licensee shall be found to be in 
compliance with the requirements of subsections (a) through (d) if it 
utilizes equipment, facilities, and support services that are in 
compliance with publicly available technical requirements or standards 
relating to radio-based receivers adopted by either--
            (1) an appropriate telecommunications industry association 
        or standard-setting organization; or
            (2) the Commission or the NTIA under subsection (f).
    (f) Agency Backstops.--If an appropriate telecommunications 
industry association or standard-setting organization fails to issue 
technical requirements or standards relating to radio-based receivers 
in accord with this section, or if a Federal Government agency or 
licensee believes that such requirements or standards are deficient, 
the Federal Government agency or licensee may petition the Commission 
or the NTIA to establish, by rule, such technical requirements or 
standards for non-Federal or Federal use, respectively, as prescribed 
in subsection (g).
    (g) Industry Consultation; Technical Standards.--If the Commission 
or the NTIA determines it is in the public interest to develop any 
technical requirements and standards for radio-based receivers so as to 
ensure their compliance with the requirements of subsections (a) 
through (d), the Commission and the NTIA shall--
            (1) consult with--
                    (A) appropriate associations and standard-setting 
                organizations within the telecommunications industry;
                    (B) representatives of users of telecommunications 
                equipment, facilities, and support services; and
                    (C) State utility commissions; and
            (2) adopt, as its rules for transmission systems operating 
        in a specific spectrum band, a proposal consisting of a 
        publicly available standard that has been endorsed by a 
        predominance of directly affected entities, provided the 
        proposal is consistent with guidelines established by the 
        Commission or the NTIA.
    (h) Valuation Study.--The Commission and NTIA shall conduct a cost 
benefit analysis on the value of improving received standards as it 
relates to increasing spectral efficiency, improving operation of 
services in adjacent frequencies, narrowing the guard bands between 
adjacent spectrum use, and improving overall receiver performance for 
the end user.
    (i) Definition.--For purposes of this section, the term 
``transmission system'' means any telecommunications, broadcast, 
satellite, commercial mobile service, or other communications system 
that employs radio spectrum.

SEC. 9. SPECTRUM AUCTIONS.

    (a) Voluntary Incentive Auctions for Commercial Licensees.--Section 
309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), as 
previously amended, is further amended by adding at the end the 
following:
                    ``(G) Incentive auctions; revenue sharing plan.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), if the Commission determines 
                        that it is consistent with the public interest 
                        in utilization of the spectrum for an eligible 
                        licensee to relinquish 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 may be shared, in an 
                        amount or percentage determined in the 
                        discretion of the Commission, with any such 
                        eligible licensee.
                            ``(ii) Eligible licensee defined.--For 
                        purposes of this subparagraph, the term 
                        `eligible licensee' means the holder of any 
                        existing license granted for the operation of 
                        an active and operating broadcasting station 
                        pursuant to section 307.
                            ``(iii) Prohibition of spectrum 
                        speculation.--The Commission shall take such 
                        actions, as the Commission deems necessary, to 
                        prohibit speculation with respect to incentive 
                        auctions authorized under this subparagraph, 
                        including by prohibiting the acquisition of 
                        licenses by a third party with the sole intent 
                        of relinquishing such licenses so that such 
                        party may participate in an incentive auction.
                            ``(iv) White spaces.--The Commission shall 
                        carry out incentive auctions under this 
                        subparagraph in a manner that ensures there 
                        continues to be adequate opportunity nationwide 
                        for unlicensed access to any spectrum that is 
                        the subject of such an auction. The Commission, 
                        in its discretion, may make additional 
                        accommodation for unlicensed use of such 
                        spectrum.
                            ``(v) Rule of construction related to 
                        voluntary nature of participation.--This 
                        subparagraph shall not be construed to require 
                        that any eligible licensee participate in any 
                        activity authorized under this subparagraph.''.
    (b) Extension of 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 ``2017''.

SEC. 10. GENERAL SPECTRUM MANAGEMENT.

    (a) Spectrum Coordination.--Section 112 of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 922) is amended--
            (1) by striking ``The Assistant Secretary'' and inserting 
        ``(a) Joint Spectrum Planning.--The Assistant Secretary''; and
            (2) by adding at the end the following:
    ``(b) Reporting Requirement.--
            ``(1) In general.--The Assistant Secretary and the Chairman 
        shall, on an annual basis, submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives that provides a summary of the biannual 
        meetings required under this section, as well as the action 
        items, deliverables, and the status of such action items and 
        deliverables related to the issues identified in subsection 
        (a).
            ``(2) Contents.--The report required under paragraph (1) 
        shall include--
                    ``(A) an identification of emerging technologies 
                and ideas for test-bed programs that expand 
                opportunities for spectrum sharing by Federal and non-
                Federal users, increased public transparency into 
                spectrum databases, and a progress report on 
                reallocation and sharing efforts required by the RADIOS 
                Act;
                    ``(B) recommended procedures for dispute resolution 
                between Federal and non-Federal users;
                    ``(C) a list of any recommendations made by the 
                Commerce Spectrum Management Advisory Committee and the 
                status of each such recommendation; and
                    ``(D) a score card that includes the amount of 
                spectrum shared by Federal and non-Federal users, the 
                geographical extent of coverage, as well as the number 
                of requests for sharing and their geographical 
                locations that were rejected and the reasons for such 
                rejections.''.
    (b) Feasability Study on Spectrum Incentive Pricing.--
            (1) Study.--The Commission and the NTIA shall jointly 
        conduct a study on the feasability of designing, implementing, 
        and maintaining a system of spectrum incentive pricing that 
        would promote a more efficient and effective use of the 
        electromagnetic spectrum. If such a system is deemed feasible, 
        the study shall include a proposed model for such a system.
            (2) User comments to be solicited.--In carrying out the 
        study required under paragraph (1), the Commission and the NTIA 
        shall solicit comments from both Federal and non-Federal 
        spectrum users, including from any users that may be subject to 
        usage fees, if any, under any proposed system for spectrum 
        incentive pricing.
            (3) Report.--Upon completion of the study required under 
        paragraph (1), the Commission and the NTIA shall jointly submit 
        a report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives that includes--
                    (A) the findings of the study; and
                    (B) recommendations on implementing any proposed 
                system for spectrum incentive pricing.
    (c) Federal Users Spectrum Incentives.--
            (1) In general.--Based upon the common metrics and 
        benchmarks developed by the NTIA under section 5(a) or based 
        upon consultation from independent technical experts, the NTIA 
        shall establish spectrum efficiency and utilization baselines 
        for the use of spectrum assigned to each Federal agency.
            (2) Failure of federal agencies to meet baseline.--If a 
        Federal agency fails to meet the spectrum efficiency and 
        utilization baseline established by the NTIA under paragraph 
        (1), the NTIA shall require the head of such Federal agency to 
        provide a report and analysis of the costs necessary to upgrade 
        the telecommunications equipment, facilities, and support 
        services of that agency in order to for such agency to meet the 
        efficiency and utilization baseline.
            (3) Cost report and analysis.--
                    (A) In general.--If the NTIA determines that the 
                cost report and analysis submitted by a Federal agency 
                under paragraph (2) is reasonable, the NTIA and the 
                Director of the Office of Management and Budget shall 
                provide funds to the head of such Federal agency to 
                defray such costs.
                    (B) Failure to submit.--If a Federal agency fails 
                to submit the report required under paragraph (2), the 
                NTIA--
                            (i) shall withhold all future spectrum 
                        allocation requests of that Federal agency; and
                            (ii) may apply a spectrum incentive pricing 
                        charge, if any system for such pricing is 
                        implemented pursuant to subsection (b), for use 
                        of the spectrum currently assigned to that 
                        Federal agency.
    (d) National Strategic Spectrum Plan.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, and every 3 years thereafter, the 
        Assistant Secretary of Commerce for Communications and 
        Information and the Chairman of the Commission assisted by the 
        Radio Spectrum Advisory Committee, shall develop an initial 10-
        year National Strategic Spectrum Plan that includes the 
        following:
                    (A) Long-range spectrum planning of both 
                commercial, State and local government, and Federal 
                Government users.
                    (B) New technologies or expanded services requiring 
                spectrum.
                    (C) The nature and characteristics of the new radio 
                communication systems required and the nature and 
                characteristics of the spectrum required.
                    (D) Efficient approaches to meeting the future 
                spectrum requirements of all users, including--
                            (i) requiring certain standards-based 
                        technologies that improve spectrum 
                        efficiencies;
                            (ii) spectrum sharing and reuse 
                        opportunities;
                            (iii) possible reallocation; and
                            (iv) any other approaches that promote 
                        efficient use of spectrum.
                    (E) An evaluation of--
                            (i) current auction processes to determine 
                        the effectiveness of such processes in--
                                    (I) promoting competition;
                                    (II) improving spectrum use 
                                efficiency; and
                                    (III) maximizing the full economic 
                                value to customers, industry, and the 
                                taxpayer of the spectrum; and
                            (ii) if any type of license reform is 
                        necessary.
            (2) Submission of the plan.--The Assistant Secretary of 
        Commerce for Communications and Information and the Chairman of 
        the Commission shall, on an annual basis, jointly submit, after 
        notice and opportunity for public comment on, to the President 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Energy and Commerce of the 
        House of Representatives a report summarizing the progress made 
        with respect to the National Strategic Spectrum Plan required 
        under paragraph (1).
    (e) Radio Spectrum Advisory Committee.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Chairman of the Commission and 
        the Administrator of the NTIA shall establish a working group, 
        to be known as the Spectrum Advisory Committee.
            (2) Membership.--
                    (A) Appointment; co-chairs.--The Chairman of the 
                Commission and the Administrator of the NTIA shall 
                appoint an equal number of members of the Working Group 
                as soon as practicable after the date of enactment of 
                this Act and shall serve as its co-chair. In appointing 
                members of the Working Group, the co-chairs shall 
                ensure that the number of members appointed provides 
                appropriate and adequate representation for all 
                stakeholders and interested and affected parties.
            (3) Meetings.--
                    (A) Initial meeting.--The initial meeting of the 
                Working Group shall take place not later than 60 days 
                after the date of the enactment of this Act.
                    (B) Other meetings.--After the initial meeting, the 
                Working Group shall meet at the call of the co-chairs.
                    (C) Notice; open meetings.--Any meetings held by 
                the Working Group shall be duly noticed at least 14 
                days in advance and shall be open to the public.
            (4) Resources.--
                    (A) Federal agencies.--The Working Group shall have 
                reasonable access to--
                            (i) materials, resources, data, and other 
                        information from the National Institute of 
                        Standards and Technology, the Department of 
                        Commerce and its agencies, and the Federal 
                        Communications Commission; and
                            (ii) the facilities of any such agency for 
                        purposes of conducting meetings.
                    (B) Gifts and grants.--The Working Group may 
                accept, use, and dispose of gifts or grants of services 
                or property, both real and personal, for purposes of 
                aiding or facilitating the work of the Working Group. 
                Gifts or grants not used at the expiration of the 
                Working Group shall be returned to the donor or 
                grantor.
            (5) Rules.--
                    (A) Quorum.--One-third of the members of the 
                Working Group shall constitute a quorum for conducting 
                business of the Working Group.
                    (B) Subcommittees.--To assist the Working Group in 
                carrying out its functions, the co-chairs may establish 
                appropriate subcommittees composed of members of the 
                Working Group and other subject matter experts as 
                deemed necessary.
                    (C) Additional rules.--The Working Group may adopt 
                other rules as needed.
            (6) Federal advisory committee act.--Neither the Federal 
        Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or 
        regulation promulgated under that Act shall apply to the 
        Working Group.
    (f) IRAC Shot Clock.--Section 104(b) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 903(b)) is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) in the event that a spectrum related project is 
        referred to the Interdepartmental Radio Advisory Committee from 
        the Commission, require that a public notice detailing the 
        project be provided, and that the Committee shall act within 30 
        days to complete the item, provided that a 30-day extension may 
        be provided upon a finding of extraordinary circumstances by 
        NTIA.''.
    (g) OMB Circular A-11 Modifications.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall review and rewrite Circular A-11 to ensure 
        agencies and departments of the Federal Government give more 
        consideration to spectrum use in their management processes.
            (2) Additional agency and department requirements.--The 
        review and revision required under paragraph (1) shall include 
        requirements for the--
                    (A) use of more spectral efficient technologies by 
                agencies and departments of the Federal Government;
                    (B) promotion of increased spectrum sharing by such 
                agencies and department, when appropriate; and
                    (C) increased consideration of non-spectrum 
                dependent and commercial alternatives to meet the 
                mission and operational requirements of each such 
                agency or department.
    (h) Spectrum Sharing Opportunities.--Each agency of the Federal 
Government shall, to the extent technically and operationally feasible, 
share their existing spectrum assignments with non-Federal users. If a 
Federal agency declines to share spectrum in accordance with this 
subsection during non-critical times (as such times are determined by 
the NTIA), the NTIA may apply a spectrum incentive pricing charge, if 
any system for such pricing is implemented pursuant to subsection (b), 
for use of the spectrum currently assigned to that Federal agency.
    (i) Unlicensed Spectrum Policy.--
            (1) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Commission and the NTIA shall issue, 
        and seek public comment on, a report that provides--
                    (A) a comprehensive strategy for the coexistence of 
                licensed and unlicensed use of spectrum; and
                    (B) a determination of the appropriate amount of 
                spectrum that should be provided for use by unlicensed 
                devices.
            (2) Content of report.--The report required under paragraph 
        (1) shall address the following issues:
                    (A) What type of rules should be used to manage 
                unlicensed use of spectrum?
                    (B) What frequencies and amounts of spectral 
                bandwidth should be used for unlicensed use?
                    (C) Whether there should be certain bands 
                exclusively reserved for unlicensed use?
                    (D) How to harmonize unlicensed uses (whether 
                incumbent or new uses) with future auctions of licensed 
                use?
                    (E) What is the appropriate transmission power 
                limits for unlicensed use both exclusively (homogeneous 
                and heterogeneous applications) or in coexistence with 
                licensed uses?
                    (F) How should the United States Government 
                harmonize its unlicensed policy with international 
                policies?
                    (G) Whether there should be any additional 
                protections provided to unlicensed use beyond existing 
                legal obligations?

SEC. 11. PROMOTING WI-FI AND WIRELESS FACILITIES DEPLOYMENT.

    (a) Installation of Wi-Fi Hotspots and Wireless Neutral Host 
Systems in All Federal Buildings.--
            (1) In general.--The Administrator of the General Services 
        Administration shall--
                    (A) install Wi-Fi hotspots in all publicly 
                accessible Federal buildings constructed after the date 
                of enactment of this Act;
                    (B) allow for the installation of wireless neutral 
                host systems by any wireless neutral host provider upon 
                request in all publicly accessible Federal buildings; 
                and
                    (C) in a manner consistent with sound management 
                principles, retrofit all Federal buildings with Wi-Fi 
                hotspots and wireless neutral host systems constructed 
                prior to the date of enactment of this Act on a 
                timetable that reflects the importance of wireless 
                communication to the Federal functions being performed 
                by the occupants of such buildings, provided that all 
                such building shall be retrofitted not later than 
                December 31, 2013.
            (2) Funding.--There shall be made available from the 
        Federal Buildings Fund established under section 592 of title 
        40, United States Code, $15,000,000 to carry out this section. 
        Such sums shall be derived from the unobligated balance of 
        amounts made available from the Federal Buildings Fund for 
        fiscal year 2010, and prior fiscal years, for repairs and 
        alterations and other activities (excluding amounts made 
        available for the energy program). Such sums shall remain 
        available until expended.
    (b) Federal Easements and Rights-of-Way.--
            (1) Grant.--If an executive agency, a State, a political 
        subdivision or agency of a State, or a person applies for the 
        grant of an easement or rights-of-way to, in, over, or on a 
        building owned by the Federal Government for the right to 
        install, construct, and maintain wireless antennas and 
        equipment, and backhaul transmission, the executive agency 
        having control of the building may grant to the applicant, on 
        behalf of the Federal Government, an easement or rights-of-way 
        to perform such installation, construction, and maintenance.
            (2) Application.--The Administrator of the General Services 
        Administration shall develop a common form for rights-of-way 
        applications required under paragraph (1) for all executive 
        agencies that shall be used by applicants with respect to the 
        buildings of each such agency.
            (3) Fee.--
                    (A) In general.--Notwithstanding any other 
                provision of law, in making a grant of an easement or 
                rights-of-way pursuant to paragraph (1), the 
                Administrator of the General Services Administration 
                shall establish a reasonable fee for the award of such 
                grant that is based on fair market prices.
                    (B) Exceptions.--The Administrator of the General 
                Services Administration may establish exceptions to the 
                fee amount required under subparagraph (A)--
                            (i) in consideration of the public benefit 
                        provided by a grant of an easement or rights-
                        of-way; and
                            (ii) in the interest of expanding wireless 
                        and broadband coverage.
            (4) Use of fees collected.--Any fee amounts collected by an 
        executive agency pursuant to paragraph (2) shall be used by the 
        agency for the construction and maintenance of Wi-Fi hotspots 
        and wireless neutral host systems.
    (c) Master Contracts for Wireless Antenna Sitings.--
            (1) In general.--Notwithstanding section 704 of the 
        Telecommunications Act of 1996, or any regulation pursuant 
        thereto, or any other provision of law, and not later than 60 
        days after the date of enactment of this Act, the Administrator 
        of the General Services Administration shall develop one or 
        more master contracts that shall govern the placement of 
        wireless antennas on buildings owned by the Federal Government. 
        Such master contract shall, with respect to the siting of 
        wireless antennas, standardize the treatment of the placement 
        of wireless antennas on rooftop or building facades, the 
        placement of equipment on rooftops or inside buildings, and 
        technology, and any other key issues that the Administrator 
        determines appropriate.
            (2) Applicability.--The master contract developed by the 
        Administrator of the General Services Administration under 
        paragraph (1) shall apply to all publicly accessible buildings 
        owned by the Federal Government, unless the Administrator 
        decides that issues with respect to the siting of wireless 
        antenna on a specific building requires non-standard treatment 
        of a specific building.
            (3) Application.--The Administrator of the General Services 
        Administration shall develop a common form or set of forms for 
        wireless transmitter siting applications required under this 
        section for all executive agencies that shall be used by 
        applicants with respect to the buildings of each such agency.
    (d) Definitions.--As used in this section:
            (1) Wireless neutral host system.--The term ``wireless 
        neutral host system'' means a small cellular communications 
        base station and related antenna or a system of wireless 
        antennas and associated equipment connected to a broadband 
        service, backhaul, or wireless repeater and capable of 
        radiating one or more wireless frequency.
            (2) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a site 
        or area in which the public can access the Internet via a 
        wireless connection.
                                 <all>