[Senate Report 111-159]
[From the U.S. Government Publishing Office]
111th Congress } { Report
2d Session } SENATE { 111-159
_______________________________________________________________________
Calendar No. 309
RADIO SPECTRUM INVENTORY ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 649
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 9, 2010.--Ordered to be printed
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK L. PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK R. WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 309
111th Congress } { Report
2d Session } SENATE { 111-159
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RADIO SPECTRUM INVENTORY ACT
_______
March 9, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 649]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 649) to require an inventory of
radio spectrum bands managed by the National Telecommunications
and Information Administration (NTIA) and the Federal
Communications Commission (FCC), having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 649, the Radio Spectrum Inventory Act, as
reported, is to require the NTIA and the FCC to biennially
inventory how the spectrum each agency manages is utilized and
to make this information available to the public.
Background and Needs
Radio spectrum is a scarce, but valuable resource. As an
increasing amount of the nation's communications migrates to
wireless formats, it is important to survey how spectrum is
presently allocated and used. Doing so will help policymakers
identify ways to develop more efficient uses of spectrum in
order to expand wireless service for new and innovative uses
for consumers, businesses, and the government.
The NTIA is the Executive Branch agency principally
responsible for domestic and international telecommunications
and information policy. It is specifically charged with
managing the Federal government's use of radio spectrum. The
FCC is an independent government agency established by the
Communications Act of 1934, charged with regulating interstate
and international communications. It is responsible for both
auctioning and licensing spectrum that is identified for
commercial and non-commercial uses that do not involve the
Federal government. By sharing responsibility for inventorying
existing spectrum users and licensees, the NTIA and the FCC
will be able to develop a comprehensive picture of spectrum use
in this country.
Summary of Provisions
S. 649, the Radio Spectrum Inventory Act, would amend the
Communications Act of 1934 to require the NTIA and the FCC, in
consultation with the Office of Science and Technology Policy,
to biennially inventory each radio spectrum band managed by the
NTIA and the FCC, at a minimum, between 300 megahertz and 3.5
gigahertz, including information on the licenses or government
users assigned in the band, the total spectrum allocation of
each licensee or government user, the number of deployed
international and end-user intentional radiators, and, if
available, additional information.
The bill would require the NTIA and the FCC to create a
centralized portal or website to make the inventory of the
bands available to the public via an Internet-accessible
website. The bill would direct the agencies to make all
necessary efforts to maintain and update the portal or website
in near real-time fashion and whenever there is a transfer or
auction of licenses or change in allocation or assignment.
The bill also would allow a commercial licensee or government
user to petition the agencies for a partial or total exemption
from being included in the information posted on the Internet.
The bill would instruct the NTIA or the FCC to grant such an
exemption only to the extent that the agency determines that
disclosure of the information would be harmful to national
security.
Legislative History
The Radio Spectrum Inventory Act (S. 649) was introduced by
Senators Kerry, Snowe, Bill Nelson, and Wicker on March 19,
2009, and referred to the Senate Committee on Commerce,
Science, and Transportation. The bill is also cosponsored by
Senators Hutchison, Klobuchar, Pryor, Thune, and Warner. On
July 8, 2009, the Committee considered the bill in an open
Executive Session. The Committee adopted an amendment in the
nature of a substitute and ordered the bill reported by voice
vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
July 28, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 649, the Radio
Spectrum Inventory Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 649--Radio Spectrum Inventory Act
Summary: S. 649 would require the National
Telecommunications Information Administration (NTIA) and the
Federal Communications Commission (FCC) to conduct an inventory
of the license-holders and users of certain frequencies of the
radio broadcast spectrum. The agencies would be required to
complete the inventory within 180 days of enactment of the bill
and to make the results available to the public on the
Internet.
Based on information from NTIA and FCC, CBO estimates that
implementing S. 649 would cost $22 million over the 2010-2014
period, assuming appropriation of the necessary amounts. CBO
estimates that enacting S. 649 would not affect direct spending
or revenues.
S. 649 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 649 is shown in the following table. The
costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level...................... 8 4 4 4 4 24
Estimated Outlays.................................. 6 4 4 4 4 22
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes the bill
will be enacted near the end of fiscal year 2009 and that the
necessary amounts will be appropriated each year.
S. 649 would require the two federal agencies responsible
for managing the telecommunications spectrum (NTIA for federal
government use and FCC for commercial and nonfederal use) to
conduct an inventory of the license-holders and users of
certain radio frequencies that they manage. The inventory would
be completed within 180 days of enactment of the bill and would
be updated at least every two years. The bill also would
require the agencies to make the results of the inventory
available to the public on the Internet and to update that
information as changes occur.
Based on information from NTIA and FCC, CBO estimates that
implementing S. 649 would cost $22 million over the 2010-2014
period, assuming appropriation of the necessary amounts. Most
of that cost would be incurred to update the databases that
track information about the users of each spectrum band and to
develop an Internet-based system to present up-to-date
information to the public.
Intergovernmental and private-sector impact: S. 649
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Susan Willie; Impact
on state, local, and tribal governments: Elizabeth Cove
Delisle; Impact on the private sector: Jacob Kuipers.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 649 would require the NTIA and the FCC to conduct an
inventory of the license holders and users of certain
frequencies of the radio broadcast spectrum. The bill affects
businesses and individuals who are license holders in such
spectrum bands.
ECONOMIC IMPACT
S. 649 would not have an adverse impact on the nation's
economy.
PRIVACY
The reported bill would not have an adverse impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill should not significantly increase paperwork
requirements for individuals or businesses, although it may be
necessary for the FCC to request additional information from
license holders to conduct the report required by the bill.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
Section 1 would provide that the legislation may be cited as
the Radio Spectrum Inventory Act.
Section 2. Spectrum Inventory.
Section 2 would amend Part I of Title III of the
Communications Act of 1934 by adding a new section 342.
New subsection 342(a)(1) would require the NTIA and the FCC
to conduct a report that includes an inventory of each radio
spectrum band, at a minimum, from 300 megahertz to 3.5
gigahertz, managed by each agency.
New subsections 342(a)(1)(A)-(C) would specify that the
report should include the licenses or government users assigned
to the band, the total spectrum allocation, by band, of each
licensee or government user in percentage and in total, and the
number of intentional radiators and end-user intentional
radiators that have been deployed in the band with each license
or government user.
New subsection 342(a)(1)(D) also would direct the FCC and
NTIA to include in the report, if such information is
available, the type of intentional radiators operating in the
band, the type of unlicensed intentional radiators authorized
to operate in the band, contour maps that illustrate signal
coverage and strength, and the approximate geo-location of base
stations or fixed transmitters.
New subsection 342(a)(2) would require the NTIA and the FCC
to create a centralized portal or website and make the
inventory of the spectrum bands available to the public via an
Internet-accessible website.
New subsection 342(a)(3) would require the NTIA and the FCC
to continue to maintain and update the publically-available
information in near real-time fashion and whenever there is a
transfer or auction of licenses or change in allocation or
assignment.
New subsection 342(a)(4) would require the NTIA and the FCC
to submit the report to the Senate Committee on Commerce,
Science, and Transportation and the House Committee on Energy
and Commerce.
New subsection 342(b) would allow a licensee or government
user of spectrum to petition the NTIA or the FCC for a partial
or total exemption from inclusion on the website and in the
report required by subsection (a). New subsection 342(b) would
instruct the NTIA or the FCC to grant such an exemption only to
the extent that the agency determines that disclosure of the
information would be harmful to national security. New
subsection 342(b) also would specify that any such exemption
shall expire after two years unless the licensee or government
user seeks and obtains an extension. New subsection 342(b)
would further require that any information that is excluded
from public disclosure pursuant to an exemption be compiled and
reported to the committees of Congress described in subsection
(a)(4) on a confidential basis.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COMMUNICATIONS ACT OF 1934
[47 U.S.C. 301 et seq.]
SEC. 342. SPECTRUM INVENTORY.
(a) Radio Spectrum Inventory.--Not later than 180 days after
the date of enactment of this section, and biennially
thereafter, the National Telecommunications and Information
Administration and the Federal Communications Commission, in
consultation with the Office of Science and Technology Policy,
shall carry out each of the following activities:
(1) Conduct a report that includes an inventory of
each radio spectrum band, at a minimum, from 300
Megahertz to 3.5 Gigahertz, managed by each such
agency. Such report shall include--
(A) the licenses or government user assigned
in the band;
(B) the total spectrum allocation, by band,
of each licensee or government user (in
percentage terms and in sum);
(C) the number of intentional radiators and
end-user intentional radiators that have been
deployed in the band with each license or
government user; and
(D) if such information is available--
(i) the type of intentional radiators
operating in the band;
(ii) the type of unlicensed
intentional radiators authorized to
operate in the band;
(iii) contour maps that illustrate
signal coverage and strength; and
(iv) the approximate geo-location of
base stations or fixed transmitters.
(2) Create a centralized portal or website utilized
by each such agency to make the inventory of the bands
of such agency available to the public via an Internet-
accessible website.
(3) Make all necessary efforts to maintain and update
the information required under paragraph (2) in near
real-time fashion and whenever there is a transfer or
auction of licenses or change in allocation or
assignment.
(4) Submit the report required under paragraph (1) to
the Committee on Commerce, Science, and Transportation
of the Senate and to the Committee on Energy and
Commerce of the House of Representatives.
(b) National Security Exemption.--A licensee or government
user of spectrum may petition the Commission or the National
Telecommunications and Information Administration for a partial
or total exemption from inclusion on the website and in the
report required by subsection (a). Such an exemption may be
granted only to the extent that each such agency determines
that disclosure of such information would be harmful to the
national security of the United States. The licensee or
government user seeking an exemption under this subsection
bears the burden of justifying the exemption and shall provide
clear and convincing evidence to support such an exemption. Any
such exemption shall apply only for 2 years and shall expire
upon the end of such 2-year period unless the licensee or
government user seeks and obtains an extension in accordance
with this subsection. Any information that is excluded from
public disclosure pursuant to this subsection shall still be
compiled and reported to the Committees of Congress described
in subsection (a)(4) on a confidential basis.