< Back to S. 649 (111th Congress, 2009–2010)

Text of the Radio Spectrum Inventory Act

This bill was introduced on July 8, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 9, 2010 (Reported by Senate Committee).

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S 649 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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Radio Spectrum Inventory Act’. [<-Struck out]

[Struck out->] SEC. 2. SPECTRUM INVENTORY. [<-Struck out]

    [Struck out->] 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: [<-Struck out]

[Struck out->]
‘SEC. 342. SPECTRUM INVENTORY. [<-Struck out]

    [Struck out->]

    ‘(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: [<-Struck out]

      [Struck out->]

      ‘(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-- [<-Struck out]

        [Struck out->]

        ‘(A) the licenses or government user assigned in the band; [<-Struck out]

        [Struck out->]

        ‘(B) the total spectrum allocation, by band, of each licensee or government user (in percentage terms and in sum); [<-Struck out]

        [Struck out->]

        ‘(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 [<-Struck out]

        [Struck out->]

        ‘(D) if such information is available-- [<-Struck out]

          [Struck out->]

          ‘(i) the type of intentional radiators operating in the band; [<-Struck out]

          [Struck out->]

          ‘(ii) the type of unlicensed intentional radiators authorized to operate in the band; [<-Struck out]

          [Struck out->]

          ‘(iii) contour maps that illustrate signal coverage and strength; and [<-Struck out]

          [Struck out->]

          ‘(iv) the approximate geo-location of base stations or fixed transmitters. [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

      [Struck out->]

      ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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.’. [<-Struck out]

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