[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 649 Reported in Senate (RS)]
Calendar No. 309
111th CONGRESS
2d Session
S. 649
[Report No. 111-159]
To require an inventory of radio spectrum bands managed by the National
Telecommunications and Information Administration and the Federal
Communications Commission.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2009
Mr. Kerry (for himself, Ms. Snowe, Mr. Nelson of Florida, Mr. Wicker,
Mr. Warner, Mrs. Hutchison, Mr. Thune, Ms. Klobuchar, and Mr. Pryor)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
March 9, 2010
Reported by Mr. Rockefeller with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
A BILL
To require an inventory of radio spectrum bands managed by the National
Telecommunications and Information Administration and the Federal
Communications Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Radio Spectrum Inventory
Act''.</DELETED>
<DELETED>SEC. 2. SPECTRUM INVENTORY.</DELETED>
<DELETED> Part I of title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 342. SPECTRUM INVENTORY.</DELETED>
<DELETED> ``(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, shall carry out each of the following
activities:</DELETED>
<DELETED> ``(1) Conduct a report that includes an inventory
of each radio spectrum band, from 300 Megahertz to 3.5
Gigahertz, managed by each such agency. Such report shall
include--</DELETED>
<DELETED> ``(A) the licenses or government user
assigned in the band;</DELETED>
<DELETED> ``(B) the total spectrum allocation, by
band, of each licensee or government user (in
percentage terms and in sum);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) if such information is available--
</DELETED>
<DELETED> ``(i) the type of intentional
radiators operating in the band;</DELETED>
<DELETED> ``(ii) the type of unlicensed
intentional radiators authorized to operate in
the band;</DELETED>
<DELETED> ``(iii) contour maps that
illustrate signal coverage and strength;
and</DELETED>
<DELETED> ``(iv) the approximate geo-
location of base stations or fixed
transmitters.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Spectrum Inventory Act''.
SEC. 2. SPECTRUM INVENTORY.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following:
``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.''.
Calendar No. 309
111th CONGRESS
2d Session
S. 649
[Report No. 111-159]
_______________________________________________________________________
A BILL
To require an inventory of radio spectrum bands managed by the National
Telecommunications and Information Administration and the Federal
Communications Commission.
_______________________________________________________________________
March 9, 2010
Reported with an amendment