S. 455 (112th): RADIOS Act

112th Congress, 2011–2013. Text as of Mar 02, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

1st Session

S. 455

IN THE SENATE OF THE UNITED STATES

March 2, 2011

(for herself and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To promote development and opportunity with regards to spectrum occupancy and use, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Reforming Airwaves by Developing Incentives and Opportunistic Sharing Act or the RADIOS Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Spectrum inventory.

Sec. 4. Spectrum survey and measurement study.

Sec. 5. Spectrum analysis and utilization study.

Sec. 6. Relocation cost-benefit analysis.

Sec. 7. Spectrum relocation fund modifications.

Sec. 8. Spectrum efficiency through receiver standards.

Sec. 9. Spectrum auctions.

Sec. 10. General spectrum management.

Sec. 11. Promoting Wi-Fi and wireless facilities deployment.

2.

Definitions

As used in this Act—

(1)

the term Commission means the Federal Communications Commission;

(2)

the term licensee means the holder of a license granted for the operation of a broadcasting station pursuant to section 307 of the Communications Act of 1934 (47 U.S.C. 307);

(3)

the term National Academies means the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council;

(4)

the term NTIA means the National Telecommunications and Information Administration;

(5)

the term spectrum sharing means the temporary use by a secondary user of unused spectrum in a band at a geographical location licensed to a primary user during idle periods of the primary license use;

(6)

the term spectrum reuse means the temporary use by a secondary user of unused spectrum in a band at a geographical location where there is no primary licensed user;

(7)

the term temporary dynamic short-term use

(A)

means the assignment of a temporary spectrum license to a user that is not the incumbent licensee for the use of spectrum in a given band and specified location for a short period of time in which the spectrum will be unoccupied or in which the incumbent licensee temporarily relinquishes rights to use; and

(B)

includes short-term spectrum sharing and short-term spectrum reuse; and

(8)

the term spectrum layering means the temporary use by a secondary user of unused spectrum in a band at an altitudinal level where there is no primary user or during idle periods of the primary license use.

3.

Spectrum inventory

(a)

Amendment to Communications Act

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:

342.

Spectrum inventory

(a)

Radio spectrum inventory

Not later than 180 days after the date of enactment of the RADIOS Act, and biennially thereafter, the Commission, in consultation with the NTIA and the Office of Science and Technology Policy, shall carry out the following activities:

(1)

Report

Prepare a report that includes an inventory of each radio spectrum band, from 300 megahertz to 6.5 gigahertz, at a minimum, managed by each such agency. Except as provided in subsection (b), the report shall include—

(A)

the licensee or Federal Government user authorized in the band;

(B)

the total spectrum authorized for each licensee or Federal Government user (in percentage terms and in sum) in the band;

(C)

the approximate number of transmitters, end-user terminals, or receivers, excluding unintended radiators, that have been deployed or authorized, for each licensee or Federal Government user, in the band; and

(D)

if such information is available—

(i)

the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, operating in the band and whether they are space-, air-, or ground-based;

(ii)

the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, authorized to operate in the band and whether they are space-, air-, or ground-based;

(iii)

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;

(iv)

the approximate geo-location of base stations or fixed transmitters;

(v)

the approximate extent of use, by geography, of 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;

(vi)

the activities, capabilities, functions, or missions supported by the transmitters, end-user terminals, or receivers; and

(vii)

the types of unlicensed devices authorized to operate in the band.

(2)

Public access

Create a centralized portal or Web site utilizing data from the Commission and the NTIA to make a centralized inventory of the bands of each agency available to the public via an Internet-accessible and searchable Web site.

(3)

Updates

Make all reasonable efforts to maintain and update the information required under paragraph (2) no less frequently than quarterly to reflect, at a minimum, any transfer or auction of licenses or change in allocation, assignment, or authorization.

(4)

FCC to bear costs

Notwithstanding any other provision of law, all costs incurred by the Commission and the NTIA in establishing and maintaining the centralized inventory and the centralized portal or Web site shall be borne exclusively by the Commission.

(b)

National security; classified information

(1)

In general

If the head of a Federal agency determines that disclosure of information required by subsection (a) would be harmful to the national security of the United States, the agency shall—

(A)

notify the NTIA of its determination; and

(B)

provide to the NTIA—

(i)

the other publicly releasable information required by subsection (a);

(ii)

to the maximum extent practicable, a summary description of the information with respect to which the determination was made; and

(iii)

an annex containing the information with respect to which the determination was made.

(2)

Classified information

If the head of a Federal agency determines that any information required by subsection (a) is classified in accordance with Executive Order 13526 of December 29, 2009, or any successor Executive Order establishing or modifying the uniform system for classifying, safeguarding, and declassifying national security information, the agency shall—

(A)

notify the NTIA of its determination; and

(B)

provide to the NTIA—

(i)

the information required by subsection (a)(1) that is not classified;

(ii)

to the maximum extent practicable, a summary description of the information that is classified; and

(iii)

an annex containing the information that is classified.

(3)

Annex restriction

The NTIA shall make an annex described in paragraph (1)(B)(iii) or (2)(B)(iii) available to the Commission. Neither the NTIA nor the Commission may make any such annex available to the public pursuant to subsection (a)(2) or to any unauthorized person through any other means.

(c)

Public safety nondisclosure

(1)

In general

If a licensee of non-Federal spectrum determines that public disclosure of certain information held by that licensee and required to be included in the report under subsection (a) would reveal information for which public disclosure would be detrimental to public safety, or that the licensee is otherwise prohibited by law from disclosing, 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 reports required under subsection (d).

(2)

Burden

A licensee seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support the requested exemption.

(3)

Information required

If the Commission grants an exemption under this subsection, the licensee shall provide to the Commission—

(A)

the publicly releasable information required by subsection (a)(1) for the inventory;

(B)

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 that the licensee is prohibited by law from disclosing; and

(C)

an annex, under appropriate cover, containing the information that the Commission has determined should be withheld from public disclosure.

(d)

Informing the congress

(1)

In general

Except as provided in paragraph (3), the NTIA and the Commission shall submit each report required by subsection (a)(1) to the appropriate Congressional committees.

(2)

Nondisclosure of annexes

Each such report shall be submitted in unclassified form, but may include one or more annexes as provided for by subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and (c)(3)(C). No Congressional committee may make any such annex available to the public or to any unauthorized person.

(3)

Classified annexes

If a report includes a classified annex as provided for by subsection (b)(2)(B)(iii), the NTIA and the Commission shall—

(A)

submit the classified annex only to the appropriate Congressional committees with primary oversight jurisdiction for the user agencies or licensees concerned; and

(B)

provide notice of the submission to the other appropriate Congressional committees.

(e)

Definitions

In this section:

(1)

Appropriate congressional committees

The term appropriate Congressional committees means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and any other congressional committee with primary oversight jurisdiction for the user agencies or licensees concerned.

(2)

NTIA

The term NTIA means the National Telecommunications and Information Administration.

.

(b)

Progress report

Within 180 days after the date of enactment of this Act, the Commission and the NTIA shall provide an update as to the status of the inventory and report required by section 342(a) of the Communications Act of 1934, as added by subsection (a), to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.

4.

Spectrum survey and measurement study

(a)

Survey and study

(1)

In general

The Commission and the NTIA shall jointly conduct a study of occupancy on the electromagnetic spectrum based on the extent of the use of such spectrum, including the amount and percentage of spectrum used in the band and the duration and percentage of time such spectrum is in use.

(2)

Expert consultation

In carrying out the study required under paragraph (1), the Commission and the NTIA may consult with the National Academies, other agencies, or nongovernmental organizations with relevant expertise in developing appropriate measurement procedures and systems, data analysis methodologies, or another other aspect related to the surveying and measurement of electromagnetic spectrum.

(3)

Required content

The study required under paragraph (1) shall—

(A)

examine occupancy measurements and usage patterns on the electromagnetic spectrum between, at least, 100 megahertz and 10 gigahertz;

(B)

record occupancy measurements on the electromagnetic spectrum in several diverse geographical locations across the Nation over an appropriate period of time, as determined jointly by the Commission and the NTIA;

(C)

provide band-by-band commentary as appropriate;

(D)

provide an analysis of the interaction of receivers and transmitters in adjacent frequencies and the impact that such interaction has on the respective licensees or users of such frequencies; and

(E)

predict occupancy and usage patterns from existing licensee and Federal Government user spectrum data, and correlate such predictions with the findings made under subparagraphs (A) and (B) in order to determine the accuracy of the data from each agencies’ databases or an inventory of the electromagnetic spectrum and what additional data, if any, would be beneficial to collect in the future.

(b)

National security; classified information

(1)

In general

If the head of a Federal agency determines that disclosure of information to the Commission and the NTIA as part of the study required by subsection (a) would be harmful to the national security of the United States, the agency shall—

(A)

notify the Commission and the NTIA of its determination; and

(B)

provide to the Commission and the NTIA—

(i)

the other publicly releasable information required by subsection (a);

(ii)

to the maximum extent practicable, a summary description of the information with respect to which the determination was made; and

(iii)

an annex containing the information with respect to which the determination was made.

(2)

Classified information

If the head of a Federal agency determines that any information required to be disclosed as part of the study required by subsection (a) is classified in accordance with Executive Order 13526 of December 29, 2009, or any successor Executive Order establishing or modifying the uniform system for classifying, safeguarding, and declassifying national security information, the agency shall—

(A)

notify the Commission and the NTIA of its determination; and

(B)

provide to the Commission and the NTIA—

(i)

the information required by subsection (a)(3) that is not classified;

(ii)

to the maximum extent practicable, a summary description of the information that is classified; and

(iii)

an annex containing the information that is classified.

(3)

Annex restriction

Neither the NTIA nor the Commission may make any annex under this subsection available to the public pursuant to subsection (d)(3) or to any unauthorized person through any other means.

(c)

Public safety nondisclosure

(1)

In general

If a licensee of non-Federal spectrum determines that public disclosure of certain information held by that licensee and required to be included in the study under subsection (a) would reveal information for which public disclosure would be detrimental to public safety, or that the licensee is otherwise prohibited by law from disclosing, the licensee may petition the Commission and the NTIA for a partial or total exemption from inclusion in the public report required under subsection (d)(3).

(2)

Burden

A licensee seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support the requested exemption.

(3)

Information required

If the Commission and the NTIA grant an exemption under this subsection, the licensee shall provide to the Commission and the NTIA—

(A)

the publicly releasable information required by subsection (a)(3);

(B)

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 that the licensee is prohibited by law from disclosing; and

(C)

an annex, under appropriate cover, containing the information that the Commission and the NTIA has determined should be withheld from public disclosure.

(d)

Report

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Commission and the NTIA shall jointly 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 that includes—

(A)

the findings of the study required under subsection (a); and

(B)

recommendations on the feasibility of promoting alternative types of services or systems that result in more effective and efficient use of the electromagnetic spectrum.

(2)

Nondisclosure of annexes

The report required under paragraph (1) shall be submitted in unclassified form, but may include 1 or more annexes as provided for by subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and (c)(3)(C). Notwithstanding paragraph (3), no Congressional committee may make any such annex available to the public or to any unauthorized person.

(3)

Public availability

Subject to paragraph (2), the Commission and the NTIA shall make publicly available on the Web site of each agency the report required under paragraph (1).

(e)

Authorization of appropriations

There are authorized to be appropriated to the Chairman of the Federal Communications Commission and the Assistant Secretary at the National Telecommunications and Information Administration for carrying out this section $5,000,000 for fiscal year 2012 and $5,000,000 for fiscal year 2013.

5.

Spectrum analysis and utilization study

(a)

Determination of utilization definition

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Commission and the NTIA, in consultation with the Office of Science and Technology Policy and the National Security Council as needed on frequencies or bands related to national security, shall determine appropriate benchmarks for assessing—

(A)

the utilization of each electromagnetic spectrum band based on the occupancy, activities, capabilities, functions, and missions supported in that band, as well as any additional factors the Commission and the NTIA deem appropriate; and

(B)

the availability of similar services operating in other bands capable of offering substitutable services.

(2)

Use of common metrics

The benchmarks developed under paragraph (1) shall include a set of common metrics that apply to respective broad classes of services, allowing comparison of measurements and analysis in multiple bands providing similar classes of services across the electromagnetic spectrum.

(b)

Study on interference sensing

(1)

Study and comment

Not later than 90 days after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall conduct a study and seek public comment on various means to provide greater predictability in the determination of harmful interference along the electromagnetic spectrum.

(2)

Report

Upon completion of the study required under paragraph (1), 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 that includes—

(A)

the findings of the study; and

(B)

recommendations for providing such predictability to both Federal and non-Federal users.

(c)

Identify spectrum sharing and reuse opportunities pilot program

(1)

Identification

Not later than 1 year after the completion of electromagnetic spectrum survey and measurement study required under section 4, the Commission and the NTIA shall identify, based on an analysis of the utilization of the electromagnetic spectrum, using the benchmarks established under subsection (a), and with the benefit of public comment—

(A)

80 megahertz below 4 gigahertz worth of close proximity electromagnetic spectrum that is most feasible for spectrum sharing opportunities for commercial and Federal Government users;

(B)

80 megahertz below 4 gigahertz worth of close proximity electromagnetic spectrum that is most feasible for spectrum reuse opportunities for commercial and Federal Government users;

(C)

80 megahertz below 4 gigahertz worth of electromagnetic spectrum that is most feasible for temporary or dynamic short-term assignment and use; and

(D)

80 megahertz below 4 gigahertz worth of close proximity electromagnetic spectrum that is most feasible for spectrum layering opportunities for commercial and Federal Government users.

(2)

Sharing and reuse opportunities pilot program

(A)

In general

Not later than 12 months after the time period set forth in paragraph (1), the Commission and the NTIA shall jointly establish and implement pilot programs to advance and promote spectrum sharing and reuse activities for the bands of spectrum identified under paragraph (1).

(B)

Evaluation

The Commission and the NTIA shall—

(i)

utilize the existing Spectrum Sharing Innovation Test-Bed for the evaluation of the pilot programs established under subparagraph (A); and

(ii)

establish such additional test beds, as appropriate, to provide effective resources to carry out the determination of the technical and operational feasibility of the spectrum sharing and reuse opportunities identified under paragraph (1) for both Federal and non-Federal users.

(3)

Pilot program report and recommendation

Not later than 8 months after the conclusion of the sharing and reuse opportunities pilot program established under paragraph (2), the Commission and the NTIA shall jointly 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 that summarizes the feasibility of such programs. If the Commission and the NTIA jointly deem such programs viable, each agency shall begin to implement similar permanent programs within 18 months after the date on which the report is submitted.

(d)

Identification of spectrum reallocation

Not later than 12 months after the adoption of the utilization benchmarks described under subsection (a), the Commission and the NTIA shall, based on an analysis of utilization using such benchmarks and after notice and opportunity for public comment on such utilization analysis—

(1)

jointly prepare and submit to the President and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that identifies, by relevant geographic area, not less than 200 megahertz of spectrum below 4 gigahertz of the least utilized or most appropriate blocks of electromagnetic spectrum and an explanation of the basis for that identification; and

(2)

develop a plan, taking into consideration whether the primary service on a band may be deemed essential to national security or public safety, or otherwise determined to serve the public interest, convenience, and necessity, for reallocation of any entities or services currently operating in the spectrum described under paragraph (1), along with an estimate for the costs of relocating such entities or services to an alternative band of such spectrum.

(e)

Spectrum review; low-Power device harmonization

(1)

Examination

The Commission and the NTIA shall jointly examine each radio spectrum band, from 2.5 GHz to 6 GHz, to determine spectrum sharing opportunities for high bandwidth, low-power applications and services.

(2)

Further action

In carrying out the examination requirement under paragraph (1), and to further promote the market for such spectrum sharing opportunities, the Commission and the NTIA shall, after notice and opportunity for public comment, jointly define coexistence and licensing agreements between primary licensees and secondary users that seek to enter into a spectrum sharing agreement.

6.

Relocation cost-benefit analysis

(a)

In general

The Commission and the NTIA, in consultation with the Office of Management and Budget, the Office of Science and Technology Policy, and the National Security Council, shall perform a cost-benefit analysis on electromagnetic spectrum relocation opportunities to move certain Federal users and services currently operating in a specific band of the spectrum to more efficient spectrum bands in order to maximize the social and economic advantages of the use of such spectrum.

(b)

Required considerations

The relocation analysis required under subsection (a) shall—

(1)

include projected overall costs and timeframes of any potential move; and

(2)

be consistent with the processes set forth in the Commercial Spectrum Enhancement Act (47 U.S.C. 901 note).

(c)

System upgrades

In bands determined to be necessary and appropriate for continued primary Federal use, the NTIA, in consultation with the Commission, shall determine what, if any, radio system or service upgrades or other changes could be implemented to enhance spectrum efficiency or the ability to share unused co-channel or adjacent channel capacity on the spectrum with other agencies or private sector users.

7.

Spectrum relocation fund modifications

(a)

Retention of unused funds

Section 118(d)(3) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(d)(3)) is amended by striking 8 years and inserting 20 years.

(b)

Use of Spectrum Relocation Fund for planning and research

(1)

In general

Section 118(c) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended—

(A)

by amending the heading to read as follows: (c) Uses of Fund.—;

(B)

by striking used to pay relocation costs and inserting the following:

used—

(1)

to pay relocation costs

;

(C)

by striking the period at the end and inserting a semicolon; and

(D)

by adding at the end the following:

(2)

to fund planning and research with the goal of improving the efficiency of Federal use of spectrum; and

(3)

to cover the costs of eligible Federal entities to upgrade their equipment and facilities as long as such upgrades including but not limited to spectrum sharing, reuse, and layering, result in more efficient use of spectrum by such entities.

.

(2)

Conforming amendment

Section 118(d)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(d)(3)) is amended after subsection by inserting to pay relocation costs.

(c)

National Science Foundation

Section 118(e) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(e)) is amended by adding at the end the following:

(3)

Eligible Federal entity; National Science Foundation

For purposes of this section, the term eligible Federal entity shall be deemed to include the National Science Foundation. As an eligible Federal entity the National Science Foundation may submit to the Director of OMB requests for funds under this section to support spectrum research and experimental facilities by the Foundation, provided that such requests have, in the determination of the Director of OMB, in consultation with the NTIA, clear benefits to existing and future Federal users of spectrum.

.

(d)

Auction proceeds deposited to Spectrum Relocation Fund

(1)

Amendment to Communications Act

Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended—

(A)

by striking (B), (D), and (E), in subparagraph (A) and inserting (B), (D), (E), (F), and (G),; and

(B)

by inserting at the end the following:

(F)

Increased funding for Spectrum Relocation Fund

Notwithstanding subparagraph (A), and in addition to any proceeds deposited in accordance with subparagraph (D), 15 percent of the proceeds (including deposits and upfront payments from successful bidders) from the use of any competitive bidding system under this subsection shall be deposited in the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act, and shall be available in accordance with that section.

.

(2)

Conforming amendment

Section 118(b) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(b)) is amended by striking section 309 and all that follows through the period at the end and inserting the following: subparagraphs (D) and (F) of section 309(j)(8) of the Communications Act of 1934..

(e)

Clarification of payment of relocation cost

Paragraph (1) of section 118(c) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(c)), as so redesignated by subsection (b)(1), is further amended by striking those frequencies and inserting from frequencies that have been identified and recommended for reallocation.

8.

Spectrum efficiency through receiver standards

(a)

Interference rejection

Each transmission system that employs radio spectrum shall be designed and operated so that reasonable use of adjacent spectrum does not excessively impair the functioning of such system.

(b)

Manufacturers' responsibilities

Manufacturers that provide for commercial sale devices, services, technologies, products, or applications that are designed to operate on or with any transmission system described under subsection (a) shall ensure that such devices, services, technologies, products, or applications comply with the requirements of subsection (a).

(c)

Licensee and government user responsibilities

Each licensee or approved Federal Government user of radio spectrum shall ensure that any transmission system newly deployed or upgraded by the licensee or Federal Government user complies with the requirements of subsection (a).

(d)

Existing system protections

Beginning on the date that is 10 years after the date of enactment of this Act, a determination that harmful interference exists may only be made if a transmission system in compliance with the requirements of subsection (a) encounters, in the determination of the Commission, unacceptable impairment due to the interfering emission.

(e)

Industry self-Compliance

A licensee shall be found to be in compliance with the requirements of subsections (a) through (d) if it utilizes equipment, facilities, and support services that are in compliance with publicly available technical requirements or standards relating to radio-based receivers adopted by either—

(1)

an appropriate telecommunications industry association or standard-setting organization; or

(2)

the Commission or the NTIA under subsection (f).

(f)

Agency backstops

If an appropriate telecommunications industry association or standard-setting organization fails to issue technical requirements or standards relating to radio-based receivers in accord with this section, or if a Federal Government agency or licensee believes that such requirements or standards are deficient, the Federal Government agency or licensee may petition the Commission or the NTIA to establish, by rule, such technical requirements or standards for non-Federal or Federal use, respectively, as prescribed in subsection (g).

(g)

Industry consultation; technical standards

If the Commission or the NTIA determines it is in the public interest to develop any technical requirements and standards for radio-based receivers so as to ensure their compliance with the requirements of subsections (a) through (d), the Commission and the NTIA shall—

(1)

consult with—

(A)

appropriate associations and standard-setting organizations within the telecommunications industry;

(B)

representatives of users of telecommunications equipment, facilities, and support services; and

(C)

State utility commissions; and

(2)

adopt, as its rules for transmission systems operating in a specific spectrum band, a proposal consisting of a publicly available standard that has been endorsed by a predominance of directly affected entities, provided the proposal is consistent with guidelines established by the Commission or the NTIA.

(h)

Valuation study

The Commission and NTIA shall conduct a cost benefit analysis on the value of improving received standards as it relates to increasing spectral efficiency, improving operation of services in adjacent frequencies, narrowing the guard bands between adjacent spectrum use, and improving overall receiver performance for the end user.

(i)

Definition

For purposes of this section, the term transmission system means any telecommunications, broadcast, satellite, commercial mobile service, or other communications system that employs radio spectrum.

9.

Spectrum auctions

(a)

Voluntary incentive auctions for commercial licensees

Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), as previously amended, is further amended by adding at the end the following:

(G)

Incentive auctions; revenue sharing plan

(i)

In general

Notwithstanding subparagraph (A), if the Commission determines that it is consistent with the public interest in utilization of the spectrum for an eligible licensee to relinquish some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from the use of a competitive bidding system under this subsection may be shared, in an amount or percentage determined in the discretion of the Commission, with any such eligible licensee.

(ii)

Eligible licensee defined

For purposes of this subparagraph, the term eligible licensee means the holder of any existing license granted for the operation of an active and operating broadcasting station pursuant to section 307.

(iii)

Prohibition of spectrum speculation

The Commission shall take such actions, as the Commission deems necessary, to prohibit speculation with respect to incentive auctions authorized under this subparagraph, including by prohibiting the acquisition of licenses by a third party with the sole intent of relinquishing such licenses so that such party may participate in an incentive auction.

(iv)

White spaces

The Commission shall carry out incentive auctions under this subparagraph in a manner that ensures there continues to be adequate opportunity nationwide for unlicensed access to any spectrum that is the subject of such an auction. The Commission, in its discretion, may make additional accommodation for unlicensed use of such spectrum.

(v)

Rule of construction related to voluntary nature of participation

This subparagraph shall not be construed to require that any eligible licensee participate in any activity authorized under this subparagraph.

.

(b)

Extension of auction authority

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking 2012 and inserting 2017.

10.

General spectrum management

(a)

Spectrum coordination

Section 112 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 922) is amended—

(1)

by striking The Assistant Secretary and inserting (a) Joint spectrum planning.—The Assistant Secretary; and

(2)

by adding at the end the following:

(b)

Reporting requirement

(1)

In general

The Assistant Secretary and the Chairman shall, on an annual basis, 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 that provides a summary of the biannual meetings required under this section, as well as the action items, deliverables, and the status of such action items and deliverables related to the issues identified in subsection (a).

(2)

Contents

The report required under paragraph (1) shall include—

(A)

an identification of emerging technologies and ideas for test-bed programs that expand opportunities for spectrum sharing by Federal and non-Federal users, increased public transparency into spectrum databases, and a progress report on reallocation and sharing efforts required by the RADIOS Act;

(B)

recommended procedures for dispute resolution between Federal and non-Federal users;

(C)

a list of any recommendations made by the Commerce Spectrum Management Advisory Committee and the status of each such recommendation; and

(D)

a score card that includes the amount of spectrum shared by Federal and non-Federal users, the geographical extent of coverage, as well as the number of requests for sharing and their geographical locations that were rejected and the reasons for such rejections.

.

(b)

Feasability study on spectrum incentive pricing

(1)

Study

The Commission and the NTIA shall jointly conduct a study on the feasability of designing, implementing, and maintaining a system of spectrum incentive pricing that would promote a more efficient and effective use of the electromagnetic spectrum. If such a system is deemed feasible, the study shall include a proposed model for such a system.

(2)

User comments to be solicited

In carrying out the study required under paragraph (1), the Commission and the NTIA shall solicit comments from both Federal and non-Federal spectrum users, including from any users that may be subject to usage fees, if any, under any proposed system for spectrum incentive pricing.

(3)

Report

Upon completion of the study required under paragraph (1), the Commission and the NTIA shall jointly 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 that includes—

(A)

the findings of the study; and

(B)

recommendations on implementing any proposed system for spectrum incentive pricing.

(c)

Federal users spectrum incentives

(1)

In general

Based upon the common metrics and benchmarks developed by the NTIA under section 5(a) or based upon consultation from independent technical experts, the NTIA shall establish spectrum efficiency and utilization baselines for the use of spectrum assigned to each Federal agency.

(2)

Failure of Federal agencies to meet baseline

If a Federal agency fails to meet the spectrum efficiency and utilization baseline established by the NTIA under paragraph (1), the NTIA shall require the head of such Federal agency to provide a report and analysis of the costs necessary to upgrade the telecommunications equipment, facilities, and support services of that agency in order to for such agency to meet the efficiency and utilization baseline.

(3)

Cost report and analysis

(A)

In general

If the NTIA determines that the cost report and analysis submitted by a Federal agency under paragraph (2) is reasonable, the NTIA and the Director of the Office of Management and Budget shall provide funds to the head of such Federal agency to defray such costs.

(B)

Failure to submit

If a Federal agency fails to submit the report required under paragraph (2), the NTIA—

(i)

shall withhold all future spectrum allocation requests of that Federal agency; and

(ii)

may apply a spectrum incentive pricing charge, if any system for such pricing is implemented pursuant to subsection (b), for use of the spectrum currently assigned to that Federal agency.

(d)

National strategic spectrum plan

(1)

In general

Not later than 18 months after the date of enactment of this Act, and every 3 years thereafter, the Assistant Secretary of Commerce for Communications and Information and the Chairman of the Commission assisted by the Radio Spectrum Advisory Committee, shall develop an initial 10-year National Strategic Spectrum Plan that includes the following:

(A)

Long-range spectrum planning of both commercial, State and local government, and Federal Government users.

(B)

New technologies or expanded services requiring spectrum.

(C)

The nature and characteristics of the new radio communication systems required and the nature and characteristics of the spectrum required.

(D)

Efficient approaches to meeting the future spectrum requirements of all users, including—

(i)

requiring certain standards-based technologies that improve spectrum efficiencies;

(ii)

spectrum sharing and reuse opportunities;

(iii)

possible reallocation; and

(iv)

any other approaches that promote efficient use of spectrum.

(E)

An evaluation of—

(i)

current auction processes to determine the effectiveness of such processes in—

(I)

promoting competition;

(II)

improving spectrum use efficiency; and

(III)

maximizing the full economic value to customers, industry, and the taxpayer of the spectrum; and

(ii)

if any type of license reform is necessary.

(2)

Submission of the plan

The Assistant Secretary of Commerce for Communications and Information and the Chairman of the Commission shall, on an annual basis, jointly submit, after notice and opportunity for public comment on, to the President and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the progress made with respect to the National Strategic Spectrum Plan required under paragraph (1).

(e)

Radio Spectrum Advisory Committee

(1)

Establishment

Not later than 60 days after the date of enactment of this Act, the Chairman of the Commission and the Administrator of the NTIA shall establish a working group, to be known as the Spectrum Advisory Committee.

(2)

Membership

(A)

Appointment; co-chairs

The Chairman of the Commission and the Administrator of the NTIA shall appoint an equal number of members of the Working Group as soon as practicable after the date of enactment of this Act and shall serve as its co-chair. In appointing members of the Working Group, the co-chairs shall ensure that the number of members appointed provides appropriate and adequate representation for all stakeholders and interested and affected parties.

(3)

Meetings

(A)

Initial meeting

The initial meeting of the Working Group shall take place not later than 60 days after the date of the enactment of this Act.

(B)

Other meetings

After the initial meeting, the Working Group shall meet at the call of the co-chairs.

(C)

Notice; Open meetings

Any meetings held by the Working Group shall be duly noticed at least 14 days in advance and shall be open to the public.

(4)

Resources

(A)

Federal agencies

The Working Group shall have reasonable access to—

(i)

materials, resources, data, and other information from the National Institute of Standards and Technology, the Department of Commerce and its agencies, and the Federal Communications Commission; and

(ii)

the facilities of any such agency for purposes of conducting meetings.

(B)

Gifts and grants

The Working Group may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Working Group. Gifts or grants not used at the expiration of the Working Group shall be returned to the donor or grantor.

(5)

Rules

(A)

Quorum

One-third of the members of the Working Group shall constitute a quorum for conducting business of the Working Group.

(B)

Subcommittees

To assist the Working Group in carrying out its functions, the co-chairs may establish appropriate subcommittees composed of members of the Working Group and other subject matter experts as deemed necessary.

(C)

Additional rules

The Working Group may adopt other rules as needed.

(6)

Federal Advisory Committee Act

Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Working Group.

(f)

IRAC shot clock

Section 104(b) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 903(b)) is amended—

(1)

in paragraph (4), by striking ; and and inserting a semicolon;

(2)

in paragraph (5), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(6)

in the event that a spectrum related project is referred to the Interdepartmental Radio Advisory Committee from the Commission, require that a public notice detailing the project be provided, and that the Committee shall act within 30 days to complete the item, provided that a 30-day extension may be provided upon a finding of extraordinary circumstances by NTIA.

.

(g)

OMB circular A–11 modifications

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall review and rewrite Circular A–11 to ensure agencies and departments of the Federal Government give more consideration to spectrum use in their management processes.

(2)

Additional agency and department requirements

The review and revision required under paragraph (1) shall include requirements for the—

(A)

use of more spectral efficient technologies by agencies and departments of the Federal Government;

(B)

promotion of increased spectrum sharing by such agencies and department, when appropriate; and

(C)

increased consideration of non-spectrum dependent and commercial alternatives to meet the mission and operational requirements of each such agency or department.

(h)

Spectrum sharing opportunities

Each agency of the Federal Government shall, to the extent technically and operationally feasible, share their existing spectrum assignments with non-Federal users. If a Federal agency declines to share spectrum in accordance with this subsection during non-critical times (as such times are determined by the NTIA), the NTIA may apply a spectrum incentive pricing charge, if any system for such pricing is implemented pursuant to subsection (b), for use of the spectrum currently assigned to that Federal agency.

(i)

Unlicensed spectrum policy

(1)

Report

Not later than 1 year after the date of enactment of this Act, the Commission and the NTIA shall issue, and seek public comment on, a report that provides—

(A)

a comprehensive strategy for the coexistence of licensed and unlicensed use of spectrum; and

(B)

a determination of the appropriate amount of spectrum that should be provided for use by unlicensed devices.

(2)

Content of report

The report required under paragraph (1) shall address the following issues:

(A)

What type of rules should be used to manage unlicensed use of spectrum?

(B)

What frequencies and amounts of spectral bandwidth should be used for unlicensed use?

(C)

Whether there should be certain bands exclusively reserved for unlicensed use?

(D)

How to harmonize unlicensed uses (whether incumbent or new uses) with future auctions of licensed use?

(E)

What is the appropriate transmission power limits for unlicensed use both exclusively (homogeneous and heterogeneous applications) or in coexistence with licensed uses?

(F)

How should the United States Government harmonize its unlicensed policy with international policies?

(G)

Whether there should be any additional protections provided to unlicensed use beyond existing legal obligations?

11.

Promoting Wi-Fi and wireless facilities deployment

(a)

Installation of Wi-Fi hotspots and wireless neutral host systems in all Federal buildings

(1)

In general

The Administrator of the General Services Administration shall—

(A)

install Wi-Fi hotspots in all publicly accessible Federal buildings constructed after the date of enactment of this Act;

(B)

allow for the installation of wireless neutral host systems by any wireless neutral host provider upon request in all publicly accessible Federal buildings; and

(C)

in a manner consistent with sound management principles, retrofit all Federal buildings with Wi-Fi hotspots and wireless neutral host systems constructed prior to the date of enactment of this Act on a timetable that reflects the importance of wireless communication to the Federal functions being performed by the occupants of such buildings, provided that all such building shall be retrofitted not later than December 31, 2013.

(2)

Funding

There shall be made available from the Federal Buildings Fund established under section 592 of title 40, United States Code, $15,000,000 to carry out this section. Such sums shall be derived from the unobligated balance of amounts made available from the Federal Buildings Fund for fiscal year 2010, and prior fiscal years, for repairs and alterations and other activities (excluding amounts made available for the energy program). Such sums shall remain available until expended.

(b)

Federal easements and rights-of-Way

(1)

Grant

If an executive agency, a State, a political subdivision or agency of a State, or a person applies for the grant of an easement or rights-of-way to, in, over, or on a building owned by the Federal Government for the right to install, construct, and maintain wireless antennas and equipment, and backhaul transmission, the executive agency having control of the building may grant to the applicant, on behalf of the Federal Government, an easement or rights-of-way to perform such installation, construction, and maintenance.

(2)

Application

The Administrator of the General Services Administration shall develop a common form for rights-of-way applications required under paragraph (1) for all executive agencies that shall be used by applicants with respect to the buildings of each such agency.

(3)

Fee

(A)

In general

Notwithstanding any other provision of law, in making a grant of an easement or rights-of-way pursuant to paragraph (1), the Administrator of the General Services Administration shall establish a reasonable fee for the award of such grant that is based on fair market prices.

(B)

Exceptions

The Administrator of the General Services Administration may establish exceptions to the fee amount required under subparagraph (A)—

(i)

in consideration of the public benefit provided by a grant of an easement or rights-of-way; and

(ii)

in the interest of expanding wireless and broadband coverage.

(4)

Use of fees collected

Any fee amounts collected by an executive agency pursuant to paragraph (2) shall be used by the agency for the construction and maintenance of Wi-Fi hotspots and wireless neutral host systems.

(c)

Master contracts for wireless antenna sitings

(1)

In general

Notwithstanding section 704 of the Telecommunications Act of 1996, or any regulation pursuant thereto, or any other provision of law, and not later than 60 days after the date of enactment of this Act, the Administrator of the General Services Administration shall develop one or more master contracts that shall govern the placement of wireless antennas on buildings owned by the Federal Government. Such master contract shall, with respect to the siting of wireless antennas, standardize the treatment of the placement of wireless antennas on rooftop or building facades, the placement of equipment on rooftops or inside buildings, and technology, and any other key issues that the Administrator determines appropriate.

(2)

Applicability

The master contract developed by the Administrator of the General Services Administration under paragraph (1) shall apply to all publicly accessible buildings owned by the Federal Government, unless the Administrator decides that issues with respect to the siting of wireless antenna on a specific building requires non-standard treatment of a specific building.

(3)

Application

The Administrator of the General Services Administration shall develop a common form or set of forms for wireless transmitter siting applications required under this section for all executive agencies that shall be used by applicants with respect to the buildings of each such agency.

(d)

Definitions

As used in this section:

(1)

Wireless neutral host system

The term wireless neutral host system means a small cellular communications base station and related antenna or a system of wireless antennas and associated equipment connected to a broadband service, backhaul, or wireless repeater and capable of radiating one or more wireless frequency.

(2)

Wi-Fi hotspot

The term Wi-Fi hotspot means a site or area in which the public can access the Internet via a wireless connection.