[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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