[Congressional Record Volume 156, Number 52 (Wednesday, April 14, 2010)]
[House]
[Pages H2525-H2530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                      RADIO SPECTRUM INVENTORY ACT

  Mr. BOUCHER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3125) to require an inventory of radio spectrum bands 
managed by the National Telecommunications and Information 
Administration and the Federal Communications Commission, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3125

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Radio Spectrum Inventory 
     Act''.

     SEC. 2. SPECTRUM INVENTORY.

       Part B of title I of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 921 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 119. SPECTRUM INVENTORY.

       ``(a) Radio Spectrum Inventory.--In order to promote the 
     efficient use of the electromagnetic spectrum, the NTIA and 
     the Commission shall coordinate and carry out each of the 
     following activities not later than 1 year after the date of 
     enactment of this section:
       ``(1) Except as provided in subsection (e), create an 
     inventory of each radio spectrum band of frequencies listed 
     in the United States Table of Frequency Allocations, from 225 
     megahertz to, at a minimum, 3.7 gigahertz, and to 10 
     gigahertz unless the NTIA and the Commission determine that 
     the burden of expanding the inventory outweighs the benefit, 
     that includes--
       ``(A) the radio services authorized to operate in each band 
     of frequencies;
       ``(B) the identity of each Federal or non-Federal user 
     within each such radio service authorized to operate in each 
     band of frequencies;
       ``(C) the activities, capabilities, functions, or missions 
     (including whether such activities, capabilities, functions, 
     or missions are space-based, air-based, or ground-based) 
     supported by the transmitters, end-user terminals or 
     receivers, or other radio frequency devices authorized to 
     operate in each band of frequencies;
       ``(D) the total amount of spectrum, by band of frequencies, 
     assigned or licensed to each Federal or non-Federal user (in 
     percentage terms and in sum) and the geographic areas covered 
     by their respective assignments or licenses;
       ``(E) the approximate number of transmitters, end-user 
     terminals or receivers, or other radio frequency devices 
     authorized to operate, as appropriate to characterize the 
     extent of use of each radio service in each band of 
     frequencies;
       ``(F) an approximation of the extent to which each Federal 
     or non-Federal user is using, by geography, each band of 
     frequencies, such as the amount and percentage of time of 
     use, number of end users, or other measures as appropriate to 
     the particular band and radio service; and
       ``(G) to the greatest extent possible--
       ``(i) 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;
       ``(ii) for each band or range of frequencies, the identity 
     of each entity offering unlicensed services and the types and 
     approximate number of unlicensed intentional radiators 
     verified or certified by the Commission that are authorized 
     to operate; and
       ``(iii) for non-Federal users, any commercial names under 
     which facilities-based service is offered to the public using 
     the spectrum of the non-Federal user, including the 
     commercial names under which the spectrum is being offered 
     through resale.
       ``(2) Except as provided in subsection (e), create a 
     centralized portal or Web site to make the inventory of the 
     bands of frequencies required under paragraph (1) available 
     to the public.
       ``(b) Use of Agency Resources.--In creating the inventory 
     described in subsection (a)(1), the NTIA and the Commission 
     shall first use agency resources, including existing 
     databases, field testing, and recordkeeping systems, and only 
     request information from Federal and non-Federal users if 
     such information cannot be obtained using such agency 
     resources.
       ``(c) Reports.--
       ``(1) In general.--Except as provided in subsection (e), 
     not later than 2 years after the date of enactment of this 
     section and biennially thereafter, the NTIA and the 
     Commission shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and to 
     the Committee on Energy and Commerce of the House of 
     Representatives containing--
       ``(A) the results of the inventory created under subsection 
     (a)(1), including any update to the information in the 
     inventory pursuant to subsection (d);
       ``(B) a description of any information the NTIA or the 
     Commission determines is necessary for such inventory but 
     that is unavailable; and
       ``(C) a description of any information not provided by any 
     Federal or non-Federal user in accordance with subsections 
     (e)(1)(B)(ii) and (e)(2)(C)(ii).
       ``(2) Relocation report.--
       ``(A) In general.--Except as provided in subsection (e), 
     the NTIA and 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 containing a recommendation of which 
     spectrum, if any, should be reallocated or otherwise made 
     available for shared access and an explanation of the basis 
     for that recommendation.
       ``(B) Deadlines.--The report required under subparagraph 
     (A) shall be submitted not later than 2 years after the date 
     of enactment of this section and every 2 years thereafter.
       ``(3) Inventory report.--If the NTIA and the Commission 
     have not conducted an inventory under subsection (a) to 10 
     gigahertz at least 90 days before the third report required 
     under paragraph (1) is submitted, the NTIA and the Comission 
     shall include an evaluation in such report and in every 
     report thereafter of whether the burden of expanding the 
     inventory to 10 gigahertz outweighs the benefit until such 
     time as the NTIA and the Commission have conducted the 
     inventory to 10 gigahertz.
       ``(d) Maintenance and Updating of Information.--After the 
     creation of the inventory required by subsection (a)(1), the 
     NTIA and the Commission shall make all reasonable efforts to 
     maintain and update the information required under such 
     subsection on a quarterly basis, including when there is a 
     transfer or auction of a license or a change in a permanent 
     assignment or license.
       ``(e) National Security and Public Safety Information.--
       ``(1) Nondisclosure.--
       ``(A) In general.--If the head of an executive agency of 
     the Federal Government determines that public disclosure of 
     certain information held by that agency or a licensee of non-
     Federal spectrum and required by subsection (a), (c), or (d) 
     would reveal classified national security information or 
     other information for which there is a legal basis for 
     nondisclosure and such public disclosure would be detrimental 
     to national security, homeland security, or public safety, 
     the agency head shall notify the NTIA of that determination 
     and shall include descriptions of the activities, 
     capabilities, functions, or missions (including whether they 
     are space-based, air-based, or ground-based) supported by the 
     information being withheld.
       ``(B) Information provided.--The agency head shall provide 
     to NTIA--
       ``(i) the publicly releasable information required by 
     subsection (a)(1);
       ``(ii) to the maximum extent practicable, a summary 
     description, suitable for public release, of the classified 
     national security information or other information for which 
     there is a legal basis for nondisclosure; and
       ``(iii) a classified annex, under appropriate cover, 
     containing the classified national security information or 
     other information for which there is a legal basis for 
     nondisclosure that the agency head has determined must be 
     withheld from public disclosure.
       ``(2) Public safety nondisclosure.--
       ``(A) In general.--If a licensee of non-Federal spectrum 
     determines that public disclosure of certain information held 
     by that licensee and required to be submitted by subsection 
     (a), (c), or (d) would reveal information for which public 
     disclosure would be detrimental to public safety, or the 
     licensee is otherwise prohibited by law from disclosing the 
     information, 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 report 
     required by subsection (c).
       ``(B) Burden.--The licensee seeking an exemption under this 
     paragraph bears the burden of justifying the exemption and 
     shall provide clear and convincing evidence to support such 
     an exemption.
       ``(C) Information required.--If an exemption is granted 
     under this paragraph, the licensee shall provide to the 
     Commission--
       ``(i) the publicly releasable information required by 
     subsection (a)(1) for the inventory;
       ``(ii) 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 the licensee is otherwise prohibited by law from 
     disclosing; and
       ``(iii) an annex, under appropriate cover, containing the 
     information that the Commission has determined should be 
     withheld from public disclosure.
       ``(3) Additional disclosure.--The annexes required under 
     paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to 
     the congressional committees listed in subsection (c), but 
     shall not be disclosed to the public under subsection (a) or 
     subsection (d) or provided to any unauthorized person through 
     any other means.
       ``(4) National security council consultation.--Prior to the 
     release of the inventory under subsection (a), any updates to 
     the inventory resulting from subsection (d), or the 
     submission of a report under subsection (c)(1), the NTIA and 
     the Commission shall consult with the National Security 
     Council for a period not to exceed 30 days for the purposes 
     of determining what additional information, if any, shall be 
     withheld from the public.
       ``(f) Proprietary Information.--In creating and maintaining 
     the inventory, centralized portal or Web site, and reports 
     under this section, the NTIA and the Commission shall follow 
     their rules and practice regarding confidential and 
     proprietary information. Nothing in this subsection shall be 
     construed to compel the Commission to make

[[Page H2526]]

     publicly available any confidential or proprietary 
     information.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Boucher) and the gentleman from Florida (Mr. Stearns) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. BOUCHER. Mr. Speaker, I ask unanimous consent that all Members 
will have 5 legislative days to revise and extend their remarks on the 
measure now under consideration and insert extraneous material into the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. BOUCHER. Mr. Speaker, I yield myself such time as I may consume.
  Wireless communications services are rapidly growing. Each year, 
millions of users graduate from basic cellular telephone services to 
Smart telephones that employ a broad range of data services. Those 
services require far greater bandwidth than traditional cellular 
telephones; and the data services that are offered through Smartphones 
are becoming ever more sophisticated, often employing full-motion video 
as part of the range of applications that can be made available through 
the Smartphones.
  The combination of greater Smartphone use and far more elaborate 
applications is placing unprecedented demands on our limited wireless 
spectrum availability. To meet these growing needs, in the near future 
more spectrum must be made available for commercial wireless 
communications services, and that new spectrum would be made available 
for auction to the successful wireless bidders.
  Even the launch later this year of the fourth generation of the 
wireless services by the major cellular service providers using the 
spectrum that was previously occupied by the television broadcasters 
for their analog television transmissions will only provide a brief 
respite with regard to these ever-rising demands for additional 
spectrum, and so we clearly are compelled to act.
  Responding to this need, last July I joined with Chairman Waxman; our 
full committee ranking member, the gentleman from Texas (Mr. Barton); 
and my friend and colleague on the subcommittee, our subcommittee 
ranking member, Mr. Stearns, in introducing the Radio Spectrum 
Inventory Act, which is before the House this morning.

                              {time}  1215

  It directs the NTIA and the U.S. Department of Commerce and the 
Federal Communications Commission to undertake a comprehensive survey 
of the Nation's spectrum and report to us on current spectrum 
utilization, and include recommendations of which, if any, of the least 
utilized blocks of spectrum could be reallocated for commercial use or 
subjected to spectrum sharing with commercial users.
  The measure is a thoughtful approach to meeting the extraordinary 
spectrum demands that our Nation will soon face. It will produce a 
timely blueprint for our future decisions about which spectrum should 
be reallocated for auctions to commercial service providers.
  Under the bill, within 1 year of the date of enactment, the NTIA and 
the FCC would also create a Web site to make the spectrum inventory 
publicly available. They would report the results of the inventory to 
the House and Senate Commerce Committees within 2 years of the date of 
enactment, and that report would include a description of the 
information that could not be made publicly available for national 
security reasons.
  The agencies would also, within 2 years, submit to the House and 
Senate Commerce Committees a reallocation report that would include a 
recommendation of which spectrum should be reallocated or otherwise 
made available for shared access. That recommendation should be updated 
by the agencies in follow-on reports to the committees, which are to be 
submitted every other year following the submission of the initial 
report. Those follow-on reports may be updates to the initial report 
and not necessarily be top-to-bottom reviews.
  I want to express appreciation to our colleagues on a bipartisan 
basis--Mr. Waxman, Mr. Barton, Mr. Stearns, other members of the 
subcommittee--who, in our hearing and markup sessions in the 
subcommittee, contributed richly to our dialogue and to structuring the 
legislation that we have before us this morning. It is a bipartisan 
measure. All of the committee members have been involved in this 
constructive exercise, and I want to thank them for their 
participation.
  Mr. Speaker, I urge approval of the bill, and I reserve the balance 
of my time.
  Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I also rise in support of H.R. 3125, the Radio Spectrum 
Inventory Act. As the gentleman from Virginia (Mr. Boucher) mentioned, 
it's a very important bill, and I urge its passage.
  This bill offers an opportunity to evaluate all of the frequency 
bands between 225 megahertz and 10 gigahertz and simply to determine 
who uses these frequency bands and the purpose for which they are being 
used.
  While this bill requires NTIA and the FCC to recommend which 
spectrum, if any, should be reallocated, Congress ultimately will 
decide whether reallocation should occur. For Congress to make such an 
informed judgment, we need a solid set of facts before we do it. So 
it's very clear that the United States will need additional spectrum to 
meet the growing demand for wireless broadband, fourth-generation 
wireless. In fact, we are victims of our own success in this country.
  The United States currently leads the world in wireless. Wireless 
providers have used spectrum to provide U.S. consumers with many 
innovative voice and data services. The number of mobile voice 
consumers in the United States has surpassed the number of wire line 
customers. Back in 1996, when we passed the Telecommunications Act, I 
don't think anybody would have thought that would have happened. And 
the number of mobile broadband consumers has increased exponentially 
over the past several years.
  As customers increase the amount of time they spend on their mobile 
devices talking, emailing, surfing the net, cell sites become 
constrained for capacity. As a result, we are facing, in the words of 
FCC Chairman Genachowski, a ``looming spectrum crisis.'' For example, a 
voice call requires approximately 10,000 bits per second, while 
downloading a video requires millions of bits per second.
  This bill creates a thoughtful, comprehensive process through which 
Congress can identify whether to reallocate spectrum that is currently 
underutilized. Current license holders should not fear this process. It 
will be open and transparent and provide all spectrum users with the 
opportunity to explain the purposes for which they use spectrum.
  This is a beginning, Mr. Speaker, not the end of the debate over the 
future of the spectrum policy in the United States.
  Now, this is a bill that's very important. You'd almost consider it 
not only for innovation and for commercial use, but long term, on 
behalf of national security purposes, too. So don't discount the fact 
that we are just asking for an inventory. It's something that should be 
done, and I think anybody who's interested in fiscal responsibility 
should realize asking for an inventory is the best way to find out what 
you have and how to use it better.
  So I urge my colleagues to support this bill, and I reserve the 
balance of my time.
  Mr. BOUCHER. Mr. Speaker, at this time I'm pleased to yield to the 
chairman of the Energy and Commerce Committee, the gentleman from 
California (Mr. Waxman) and principal author of this measure, such time 
as he may consume.
  Mr. WAXMAN. Mr. Speaker, I rise in support of H.R. 3125, the Radio 
Spectrum Inventory Act, which I introduced last year with Chairman 
Boucher, Ranking Members Barton and Stearns, and more than a dozen of 
our colleagues on the Energy and Commerce Committee.
  This timely, bipartisan legislation creates a process for full 
inventory, mapping, and accounting of current spectrum use by Federal 
and non-Federal users. This measure will inject transparency in the way 
our government and the private sector utilizes

[[Page H2527]]

the critical public resource. With the benefit of this inventory, we 
can make informed, rational, and deliberate decisions about how our 
spectrum is used in future decades to benefit the American people, 
American businesses, and American innovation.
  It also creates a parallel process for a regular assessment of 
whether any spectrum should be reallocated or otherwise made available 
for shared access to improve the efficiency with which we utilize this 
precious resource.
  I'm pleased that the bill includes a strong national security section 
reflecting the result of extensive bipartisan consultation with the 
defense and intelligence communities. The bill we consider today 
strikes a proper balance between providing useful information to the 
public about the nature and use of spectrum, while safeguarding 
national security, homeland security, and public safety interests.
  I urge my colleagues to support this important measure.
  Mr. STEARNS. Mr. Speaker, I yield 1 minute to Mr. Pitts, the 
gentleman from Pennsylvania.
  Mr. PITTS. Mr. Speaker, I appreciate the opportunity to speak on the 
bill.
  As the chairman of the Congressional Electronic Warfare Working 
Group, I believe that the electromagnetic spectrum is critically 
important to our current and future military operations and national 
security. And I'm pleased to see that the committee has taken into 
consideration some concerns raised by the administration and the 
electronic warfare community regarding this bill. However, the 
electromagnetic spectrum is a dynamic and ever-changing environment, 
and we must ensure that our Armed Forces can manage the utilization of 
the spectrum and provide long-term strategic planning and program 
development.
  While I understand the importance of the potential economic value of 
the spectrum inventory, it is vital that this bill take into account 
the criticality of the electromagnetic spectrum to military training 
and operations and the importance of the U.S. military controlling the 
spectrum in conflict.
  I will support this bill today, but we must be very vigilant as the 
inventory is taken. If mistakes are made, serious negative consequences 
will ensue, consequences that could harm the warfighter and his ability 
to use the spectrum in training and war.
  Mr. STEARNS. Mr. Speaker, I reserve the balance of my time.
  Mr. BOUCHER. Mr. Speaker, at this time I'm pleased to yield 3 minutes 
to the gentleman from North Carolina (Mr. Butterfield).
  Mr. BUTTERFIELD. Mr. Speaker, let me first thank the gentleman for 
yielding time and thank him for his leadership on the committee and 
subcommittee, as well as the leadership of the ranking member.
  Mr. Speaker, I rise today to support H.R. 3125, the bipartisan Radio 
Spectrum Inventory Act, introduced by our chairman, Mr. Waxman, who 
just spoke a moment ago.
  Mr. Speaker, last year, 2009, a Pew study found that while African 
Americans are less likely than others to use a desktop computer to 
access the Internet, they are more likely to access the Internet over a 
wireless device. And so it is incredibly important to know the 
available spectrum and how to use it in the most efficient way so that 
wireless broadband service is as ubiquitous and robust as possible.
  We can help facilitate that goal by ensuring that additional spectrum 
will be available when it is needed. And given the long lead times that 
often are associated with efforts to bring spectrum to market, the time 
to start is now. The Radio Spectrum Inventory Act will help ensure that 
we know where future allocations of spectrum can be drawn from so that 
our constituents can have the services they need when they need them.
  This is a good bill, Mr. Speaker. I support it. I ask my colleagues 
to do the same.
  Mr. STEARNS. Mr. Speaker, I yield 2 minutes to the gentleman from 
Louisiana (Mr. Scalise).
  Mr. SCALISE. Mr. Speaker, I rise in support of H.R. 3125, the Radio 
Spectrum Inventory Act.
  The most pressing issue that we're facing right now in the mobile 
wireless and Internet industries is the availability and use of 
spectrum, especially given the dramatic increases we're seeing in the 
use of wireless services. As wireless technologies continue to advance 
and more Americans use mobile devices for data-intensive purposes, the 
demand for spectrum will grow rapidly.
  We're seeing every day with all of the new things that can be done 
just on a cell phone, not only running daily applications to help 
businesses, but we also can do more things in terms of downloading 
actual movies and getting direct access. You can look at things 
happening in real time, and, of course, this takes more spectrum. So 
additional spectrum will be needed, and that's why this Radio Spectrum 
Inventory Act will help promote and advance the effective and efficient 
use of the spectrum that's out there.
  The first step, of course, must be to identify what spectrum is 
available and how the current spectrum is being used in an efficient 
manner, and this inventory act will do just that. It will require NTIA 
and the FCC to undertake a comprehensive survey of the Nation's 
spectrum and develop a full inventory. Taking this inventory is the 
only way we'll be able to know what spectrum can be located and what 
spectrum can be shared and used in a more efficient manner. We will 
then be able to decide the best ways to utilize that spectrum.
  The convergence of mobile, wireless services, high-speed Internet 
access, and powerful handsets promise to transform almost all aspects 
of the way Americans work, learn, deliver services, and enhance our 
public safety. Congress should move expeditiously on this inventory 
legislation and avoid additional costs, and also unleash the potential 
and create more jobs in these industries that are out there innovating 
and helping people live in a better way of life.
  So I encourage support of this bill. I thank the gentleman for 
bringing it.
  Mr. BOUCHER. Mr. Speaker, at this time I am pleased to yield 5 
minutes to the gentleman from Massachusetts (Mr. Markey), chairman of 
the Subcommittee on Energy and the Environment of our Energy and 
Commerce Committee.
  Mr. MARKEY of Massachusetts. I thank the gentleman very much, and I 
thank the gentleman from Virginia (Mr. Boucher) for his leadership on 
this critical issue, along with the gentleman from Florida (Mr. 
Stearns) in partnership with Mr. Waxman and with Mr. Barton.
  Mr. Boucher and I have been working on these issues for many, many, 
many years, and this bill that has been produced by his subcommittee is 
something that, in my opinion, is going to go a long way towards 
helping our country to create a new boom economically in this wireless 
sector. We saw a great boom in the 1990s when we moved over 200 
megahertz of spectrum, creating the third, fourth, fifth and sixth cell 
phone license, combined with the Telecom Act of 1996. We saw, actually, 
a transformation in the way in which we communicate in our country.
  Who would think that we could move from black rotary dial phones to 
BlackBerrys in just 10 years, almost on a ubiquitous basis.

                              {time}  1230

  Who would think that Mr. Stearns could be checking his BlackBerry 
even as I'm speaking out here on the floor? That's something we're very 
proud of. We're very proud of that revolution in the 1990s. And I think 
we have the potential here in this legislation to accomplish the very 
same kind of addition to the spectrum capacity. And Ms. Blackburn is 
showing not only can we use these devices now for voice but also for 
video and for data.
  It's become a technology with the great deal of flexibility; yet 
because of this technology, we are going to be able--and I thank the 
chairman for this--to inventory each radio spectrum band of frequencies 
from 225 megahertz to 10 gigahertz, and that includes the radio 
services authorized to operate within each band of frequencies, the 
identity of each Federal or non-Federal user within which such radio 
service is authorized to operate in each band of the frequencies, the 
total amount of spectrum by band of frequencies allocated to each 
Federal or non-Federal user and an approximation of the extent to which 
each Federal or non-Federal user is using each band of frequencies.
  This basic goal that the legislation advances to create this 
inventory will

[[Page H2528]]

make it possible for us to build on this revolution that occurred from 
the mid-1990s to 2005 where companies whose names did not exist--
Google, eBay, Amazon, Hulu, YouTube--are now replaced or added to with 
a whole new generation of companies, of technologies, of gadgets and 
applications that will give incredible economic stimulus to our 
country.
  So what we have here is a debate over the American economy, and it's 
central to our wellbeing; yet in a lot of ways, it just doesn't get 
talked about as being the biggest part of what happened in the 1990s. 
And as it moves into the 21st century, we're seeing these technologies 
now be included in new energy technologies, new health care 
technologies, new education technologies. It now has infiltrated 
technology after technology in our country.
  And what the gentleman from Virginia is doing in a bipartisan 
partnership with the gentleman from Florida is, in my opinion, central 
to ensuring that we have the leadership in this mobile innovation, that 
we have a smart spectrum policy that is put on the books, and then we 
can just get out of the way and watch these entrepreneurs and watch 
these whole tech communities make it possible for us, with a little bit 
of luck from Mr. Stearns and others, that the applications become so 
great that perhaps he and millions of other Americans will never again 
have to look up from their BlackBerry. There will just be so much 
interesting stuff that is on it, it will be so versatile.
  So thank you so much and congratulations. I urge an ``aye'' vote on 
this important legislation.
  Mr. STEARNS. I yield myself 15 seconds to reply to the distinguished 
Member of Massachusetts.
  I just got a tweet on Twitter notifying me that Representative Ed 
Markey was speaking. His fan club is so omnipresent that it just came 
across saying to everybody in the United States that he was on the 
floor speaking so eloquently. So I couldn't resist pulling it up and 
seeing what it said.
  Mr. Speaker, I yield 2 minutes to the gentlewoman from Tennessee 
(Mrs. Blackburn).
  Mrs. BLACKBURN. Mr. Speaker, I want to thank the chairman for his 
diligent work on this bill and also Mr. Stearns for his leadership as 
we worked through these issues in committee. And I do rise in support 
of the Radio Spectrum Inventory Act.
  In committee, I highlighted the importance of listening to the 
engineers as we move forward on our spectrum inventory. And today I 
want to talk about the importance of this bill to the wireless 
industry. America's wireless industry is the undisputed world leader, 
and Mr. Stearns and Mr. Markey have both highlighted portions of that 
as we have played with our devices during Mr. Markey's remarks focusing 
on the innovations that have come our way.
  Americans pay less per minute for the use of wireless services than 
users in Europe or Asia. And despite having just 7 percent of the 
global wireless subscribers, America's wireless companies serve more 
than 21 percent of global 3G subscribers. Handsets and applications 
that can be launched anywhere in the world routinely appear in the U.S. 
market first.
  Unfortunately, our position in the global marketplace is not 
something that is guaranteed to us, and without careful attention to 
support the need of the growth of the wireless industry through the 
release of additional spectrum, we risk ceding that important 
leadership to nations that have already identified substantial swaths 
of spectrum that will be made available for commercial use. That is why 
the Radio Spectrum Inventory Act is so very important by providing a 
road map for policymakers regarding where we may find additional 
spectrum that can be used for wireless broadband services in the U.S. 
Enactment of H.R. 3125 will help ensure that the U.S. is in a position 
to match, and hopefully surpass, our trading partners by making 
additional spectrum available for commercial use.
  I urge support of the legislation.
  Mr. STEARNS. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Tennessee to engage in a colloquy with the chairman of 
the Subcommittee on Telecommunications.
  Mrs. BLACKBURN. I would yield to the gentleman from Virginia and ask 
permission for the colloquy.
  Mr. BOUCHER. The gentlelady controls the time. I will be happy to 
engage in the colloquy with the gentlelady.
  Mrs. BLACKBURN. I thank the gentleman from Florida for the time.
  And, Mr. Chairman, last month the Federal Communications Commission 
released its National Broadband Plan which contained some very 
ambitious recommendations with respect to spectrum availability. I 
would like to ask the subcommittee chairman his views on how the FCC 
should proceed on the inventory required by this bill and on the 
recommendations of the broadband plan. Is it the chairman's view that 
the inventory required by this bill should inform the FCC in its 
decision-making with respect to the potential reallocation of spectrum 
sought by the broadband plan?
  Mr. BOUCHER. Would the gentlelady yield?
  Mrs. BLACKBURN. Yes.
  Mr. BOUCHER. I thank the gentlelady for yielding.
  There is no doubt that more spectrum is needed to meet our Nation's 
rising demand for wireless services. Conducting the spectrum inventory 
that this legislation requires is an essential first step. It will 
offer a clear path and a road map for the next steps in making 
available adequate spectrum by giving the Congress and the FCC a 
baseline of the location and use of our spectrum resources. That 
baseline should inform the Congress and the commission on decisions 
regarding spectrum use and possible spectrum reallocation.
  Mrs. BLACKBURN. I thank the subcommittee chairman for his 
explanation, and I associate myself with his remarks. I share the 
chairman's expectation regarding the importance of collecting and 
analyzing the data in the spectrum inventory before making decisions 
about possible spectrum relocation.
  I'd also like to a add my own expectation that the spectrum inventory 
will be thorough and scientific in order to serve as an accurate metric 
of our spectrum use.
  I have one final question to ask the chairman. The broadband plan 
includes recommendations regarding reallocation of many of the 
frequencies currently used to provide broadcast television service. The 
plan recommends starting with voluntary measures to relocate broadcast 
stations to different frequencies; But it then hints that other, 
presumably involuntary, methods of relocating broadcast stations may be 
necessary.
  My question, Mr. Chairman, is whether you believe that the FCC should 
engage in involuntary methods to move broadcasters to different 
frequencies in order to free up additional spectrum.
  Mr. BOUCHER. Would the gentlelady yield?
  Mrs. BLACKBURN. Yes.
  Mr. BOUCHER. I thank the gentlelady for yielding.
  As to the first matter, I agree with her that a thorough scientific 
examination of spectrum use must be the core of the inventory that this 
measure requires. I also agree that the right approach is for the FCC 
to work with television broadcasters to identify the spectrum they now 
hold that on a purely consensual basis could be repurposed for 
commercial wireless use. Broadcasters who surrender spectrum would 
receive compensation in exchange for a voluntary spectrum transfer. I 
would not support the commission's requiring stations to give up 
spectrum involuntarily.
  The right approach is that specified in this legislation--learn where 
we are, understand thoroughly how current spectrum is used, identify 
that part that is perhaps underutilized that could be reallocated or 
submitted to spectrum sharing through the new spectrum sharing 
technologies and then to the extent that based on that inventory it 
would be appropriate for broadcasters to enter into conversations about 
surrendering a portion of their spectrum on a voluntary basis, that 
would obviously be an appropriate step. It would not be an appropriate 
step to require that broadcasters engage in the surrender of any part 
of the spectrum they hold.
  And I thank the gentlelady for raising these very important questions

[[Page H2529]]

that help illuminate the debate this morning.
  Mrs. BLACKBURN. I thank the chairman for his explanations.
  Mr. BOUCHER. Mr. Speaker, at this time I'm pleased to yield 3 minutes 
to the gentleman from Washington State (Mr. Inslee).
  Mr. INSLEE. I want to congratulate those who have been working on 
this, the Chair, ranking member, to get this bill through.
  I want to make two points. This effort is one that reaches in to 
improve certain areas that we may not think of when we think about 
spectrum. I note the little town of Republic in Washington, in eastern 
Washington, where my grandmother grew up--and it's a great town--but 
right now you essentially have to shut down the entire city's access to 
the Internet to send one X-ray from a physician in Republic to a 
reader, an expert in Seattle to read the X-ray. You have to sort of 
shut down the whole town because we don't have enough access in 
spectrum. This making access to spectrum more available helps health 
care in many, many places across the country.
  The second point I want to make, I met with my law enforcement 
community last week who are still thirsting after an interoperable 
standard so that we can in fact have interoperability for emergency 
services radio communications. We still don't have this at this late 
date. Freeing up spectrum, allowing a financing system to really build 
that out is necessary.
  So this is good for economic growth. It is good for health care. It 
is good for emergency services. There are multiple reasons this is 
heading in the right direction.
  I do want to point out--and I'm happy to have co-sponsored this bill. 
We have another bill we hope to have on the floor in a while, the 
Spectrum Relocation Improvement Act, to improve the availability to do 
auctions to get this out into commerce. We look forward to working with 
the chair and ranking member to get this bill to the floor so we can 
build on this success.
  Congratulations.
  Mr. STEARNS. I yield 1 minute to the gentleman from Georgia (Mr. 
Broun).
  Mr. BROUN of Georgia. I thank Mr. Stearns for yielding.
  We may very well be needing to focus on the radio frequency spectrum 
that is in the public domain; but, Mr. Speaker, this Congress is 
ignoring the greatest spectrum that the American people are demanding, 
and that's where are the jobs. We're not focusing on public policies 
that are going to create a stronger economy and create jobs. In fact, 
we are developing policy over and over again that this leadership of 
this House and this Senate and the President are forcing upon the 
American people that are going to take away jobs.
  The ObamaCare bill is going to kill millions of jobs. The jobs bill 
that we saw in past jobs I and II, et cetera, are going to kill jobs 
and not create jobs. They're going to create government jobs. And the 
American people are asking where are the jobs, not where is the 
spectrum. Radio spectrum, though, that is an important issue.
  But this Congress needs to focus upon jobs, Mr. Speaker, and the 
American people need to demand that this Congress do just that.

                              {time}  1245

  Mr. STEARNS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BOUCHER. Mr. Speaker, I want to again thank all Members who have 
participated on a bipartisan basis in bringing this measure to the 
floor. Many Members have contributed to its construction. It is the 
right path to take.
  This will bring us to a point where we are in a position to decide 
how to meet the rising spectrum demands that inevitably we will 
confront within just a few years. It is the right approach, and I 
commend this measure to the House and urge its approval.
  Mr. RADANOVICH. Mr. Speaker, I rise today in strong support of H.R. 
3125, the Radio Spectrum Inventory Act. I commend Chairman Waxman, 
Ranking Member Barton, and the Energy and Commerce Committee members 
for producing this excellent, bipartisan bill. The legislation would 
require the National Telecommunications Information Administration and 
the Federal Communications Commission to work together in creating and 
maintaining an accurate, comprehensive database of the radio broadcast 
spectrum.
  As the FCC acknowledged in its recent National Broadband Plan, we are 
facing a spectrum shortage in the United States. Wireless carriers have 
suggested that current allocation of spectrum is inadequate to meet our 
growing demands. As third-generation (3G) technology matures, and 
fourth-generation (4G) rolls out, the demands on wireless broadband 
networks will only increase. This growth of wireless broadband will be 
constrained if government does not make spectrum available to enable 
network expansion and technology upgrades. It is also important to 
support the FCC's goal of making 300 megahertz of spectrum available 
for commercial use over the next 5 years, and 500 megahertz available 
over the next 10 years.
  In order for that to happen, we must first have an adequate 
understanding of how the current spectrum is allocated and utilized. 
This critical bill allows the FCC and NTIA to identify spectrum that 
can be reallocated for commercial wireless use. In addition to creating 
an inventory, the bill allows for the creation of a centralized Web 
site to make the inventory available to the public. It also addresses 
concerns related to public disclosure in regards to national security, 
homeland security, or public safety issues.
  Having an inventory will be instrumental in evaluating which bands 
can be reallocated for commercial mobile use. This bill represents the 
first step in the process of addressing the spectrum needs of existing 
and new mobile broadband providers. I commend the authors for bringing 
this bill to the House floor, and I urge my colleagues to join me in 
voting for it.

  Mr. McNERNEY. Mr. Speaker, I take this opportunity to express my 
support for H.R. 3125, the Radio Spectrum Inventory Act, of which I am 
a cosponsor. While much of our economy has experienced unfortunate 
challenges over the last few years, the technology and innovation 
sectors continue to stay afloat and even grow. To help foster this 
growth, it is vital that Congress enact forward-thinking policies such 
as those embodied by the Radio Spectrum Inventory Act. Itemizing 
currently-utilized spectrum will allow us to take additional steps to 
use available resources more efficiently. Enactment of H.R. 3125 will 
also help our country identify unused spectrum, which can subsequently 
serve to accommodate the growing demand for spectrum that must be met 
to allow consumers to have better access to broadband technology.
  The families and businesses that benefit so greatly from broadband 
services are depending on us to take actions that will encourage 
innovation and help preserve our country's position as the world's 
leader in high technology. H.R. 3125 is an important step towards 
improving the way we work, deliver health care, consume energy, and 
teach students, and I encourage all of my colleagues to support this 
bill.

  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Speaker, I rise today in 
support of H.R. 3125, the Radio Spectrum Inventory Act.
  As a veteran who served in Baghdad in 2003, I know firsthand how 
important proper radio use was for ensuring the success of our missions 
and safety of our troops. In the military every part of the radio 
spectrum had a specific purpose and was allocated based on efficiency 
and suitably.
  Yet, in America the historical legacy of radio spectrum development 
has led to a patchwork system full of inefficiency. Additionally, there 
is a lack of information about current usage which has left America at 
a competitive disadvantage for developing new innovations in wireless 
service. Our economic success will depend on a new strategy for 
properly using our wireless spectrum so that we can innovate and 
develop new services to improve the connectivity of the American people 
and continue to fuel economic growth.
  Every day new and useful applications are added to wireless service 
and the need for more radio spectrum to meet those needs increases. The 
Radio Spectrum Inventory Act would allow lawmakers, consumers and 
industry to know what spectrum is being used and how. By identifying 
gaps in spectrum use and inefficient spectrum allocations, this bill 
will help us understand the best approach to meet the growing demand 
for additional spectrum.
  With the important information collected as a result of this bill, we 
can have an informed debate about how to most efficiently use and 
allocate our limited spectrum resources so that we can best meet the 
changing needs of the American public.
  Mr. Speaker, it is time that we take a serious look at the future 
spectrum needs of this country in order to properly prepare for the 
challenge. The right way to start is by gathering more information on 
our current situation. The Radio Spectrum Inventory Act will take this 
first step and put us on the right path to effectively develop a better 
strategy to meet our nation's growing wireless needs.

  Ms. ESHOO. Mr. Speaker, I rise today to support passage of H.R. 3125, 
The Radio

[[Page H2530]]

Spectrum Inventory Act. I'm proud to be an initial cosponsor of this 
legislation, and I look forward to seeing it enacted into law. Thank 
you, Chairman Waxman for your leadership on this bill, and I appreciate 
the important bipartisan work of the Ranking Minority Member of the 
Energy and Commerce Committee, Joe Barton.
  We pass this bill at an opportune moment. This past month, the 
Federal Communications Commission released its National Broadband Plan. 
The FCC pointed out what many of us already have known for a long 
time--broadband rollout requires an increasing amount of spectrum.
  We're already seeing competing industries squabble over spectrum, and 
we are in danger of having an all-out range war between the wireless 
industry and broadcasters. We can head it all off at the pass by doing 
the obvious--review our resources first, and reallocate second.
  That doesn't mean I want the FCC to stand still while we review the 
spectrum chart. There is plenty of spectrum already available, like the 
Advanced Wireless Spectrum, that should go for useful purposes like a 
free national wireless broadband lifeline. So the FCC must keep moving 
and deploy what they can as expeditiously as possible.
  We've also had to make some compromises on this bill to comply with 
essential national security issues. As a senior member of the Energy 
and Commerce Committee, I recognize the essential need to document 
spectrum use and prevent channel hoarding, and as the Chair of the 
Permanent Select Committee on Intelligence's Subcommittee on 
Intelligence Community Management, my views are likewise shaped by the 
need to safeguard channels that our intelligence, security and military 
agencies may need in the future. Our very lives may depend upon it.
  I believe this bill finds that happy medium. It will spur economic 
growth and innovation while keeping America safe. The FCC and NTIA can 
review our spectrum assets in a judicial manner and develop 
informational resources that will guide us as we implement the National 
Broadband Plan.
  I urge my colleagues to vote in favor of this bill.
  Mr. SPACE. Mr. Speaker, I rise today in support of H.R. 3125, the 
Radio Spectrum Inventory Act.
  H.R. 3125 represents an important step toward making additional 
spectrum available for advanced wireless services, something that has 
been cited as critical by the Federal Communications Commission in its 
recently released National Broadband Plan. If we are to realize the 
National Broadband Plan's vision of providing every American with the 
ability to access the Internet at world-class speeds, we absolutely 
will need to make additional spectrum available for that purpose. A 
thoughtful inventory of existing spectrum holdings will give Congress, 
the FCC, and the Administration the information we all need to make 
informed judgments about where that additional spectrum may come from.
  As a member of the Energy and Commerce Committee and as a cosponsor 
of this measure, I commend Chairman Waxman, Ranking Member Barton, 
Subcommittee Chairman Boucher, and Ranking Member Stearns for their 
work on this bill, and I urge my colleagues to support its passage.
  Mr. WELCH. Mr. Speaker, many communities in Vermont remain on the 
wrong side of the digital divide--sidelined in a nation that 
increasingly demands high-speed Internet access to engage socially, 
politically and economically. I believe that unused spectrum will be 
part of that solution, and accounting for that spectrum is the first 
step. We can't afford to ignore this opportunity to connect millions of 
people--especially in rural and low-income communities.
  In addition to connecting our most rural and disadvantaged 
communities, wireless spectrum has the potential to greatly impact our 
nation's competitiveness. As access to wireless technologies becomes 
more widespread, we are already seeing 3G transmission speeds being 
surpassed by newer fourth generation (4G) offerings. 4G wireless 
services offer increased speed but also require considerably more 
spectrum than their predecessors.
  To quickly and efficiently address these concerns, a bipartisan 
effort has been launched in Congress. H.R. 3125, the Radio Spectrum 
Inventory Act, would direct the National Telecommunications and 
Information Administration (NTIA) and the FCC to create and maintain an 
inventory of each radio spectrum band of frequencies used in the United 
States to better assess the underutilized bands. H.R. 3125 sets a 
deadline of two years after enactment for the first inventory and four 
years for the first report recommending which spectrum should be 
reallocated for wireless broadband.
  Passage of this bill will ensure that the U.S. wireless industry will 
be in an excellent position to meet the ever growing and evolving needs 
of individuals and business users, while fostering further economic 
growth and American competitiveness. This is an issue of national 
importance and one that must be addressed now. I urge my colleagues on 
both sides of the aisle to support this bipartisan effort by voting in 
support of H.R. 3125.
  Mr. BOUCHER. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Boucher) that the House suspend the rules 
and pass the bill, H.R. 3125, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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