1.Short
title; table of contents
(a)This Act may be cited
as the Reforming Airwaves by
Developing Incentives and Opportunistic Sharing Act
or
the RADIOS Act
.
(b)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.
2.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.
3.
(a)Amendment to
Communications ActPart 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:
342.
(a)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)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)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)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)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)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)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)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)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)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)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)
(1)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)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)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)In
this section:
(1)Appropriate
congressional committeesThe 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)The
term NTIA means the National Telecommunications and Information
Administration.
.
(b)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.
4.Spectrum survey
and measurement study
(a)
(1)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)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)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)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)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)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)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)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)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)
(1)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)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)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 appropriationsThere 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.
5.Spectrum
analysis and utilization study
(a)Determination
of utilization definition
(1)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)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)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)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)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)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)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 recommendationNot 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 reallocationNot 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)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)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.
6.Relocation
cost-benefit analysis
(a)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)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)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.
7.Spectrum
relocation fund modifications
(a)Retention of
unused fundsSection 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)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)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 FoundationSection 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 FoundationFor 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 ActParagraph (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 FundNotwithstanding 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)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 costParagraph (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
.
8.Spectrum
efficiency through receiver standards
(a)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'
responsibilitiesManufacturers 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 responsibilitiesEach 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
protectionsBeginning 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)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)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 standardsIf 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)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)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.
9.
(a)Voluntary
incentive auctions for commercial licenseesSection 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)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 definedFor 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 speculationThe 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)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 participationThis
subparagraph shall not be construed to require that any eligible licensee
participate in any activity authorized under this
subparagraph.
.
(b)Extension of
auction authoritySection
309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended
by striking 2012
and inserting 2017
.
10.General
spectrum management
(a)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)
(1)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)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)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 solicitedIn 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)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)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 baselineIf 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)
(A)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)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)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)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)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)
(A)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)
(A)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)After the initial meeting, the Working Group shall meet
at the call of the co-chairs.
(C)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)
(A)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)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)
(A)One-third
of the members of the Working Group shall constitute a quorum for conducting
business of the Working Group.
(B)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)The Working Group may adopt other rules as needed.
(6)Federal
Advisory Committee ActNeither 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)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)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 requirementsThe 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 opportunitiesEach 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)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)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?
11.Promoting Wi-Fi
and wireless facilities deployment
(a)Installation of
Wi-Fi hotspots and wireless neutral host systems in all Federal
buildings
(1)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)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)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)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)
(A)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)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)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)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)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)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)As used in this section:
(1)Wireless
neutral host systemThe 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)The term Wi-Fi hotspot means a site or area
in which the public can access the Internet via a wireless connection.