[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
=======================================================================

                      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.

                                  
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