Spectrum Inventory and Auction Act of 2011 - Amends the National Telecommunications and Information Administration Organization Act to require the Assistant Secretary for Communications and Information at the Department of Commerce and the Federal Communications Commission (FCC) to: (1) inventory, at least semiannually, each broadband radio spectrum band of frequencies listed in the U.S. Table of Frequency Allocations, including the identity of each federal or non-federal user within each radio service authorized to operate in each band of frequencies, the activities and capabilities (whether space-, air-, or ground-based) supported by transmitters and other radio frequency devices, the total amount of spectrum and geographic coverage areas assigned or licensed to each user, and other specified information; and (2) make the inventory available to the public on an Internet website.
Directs the Assistant Secretary and the FCC to submit to Congress a biennial report containing a recommendation of which bands of inventoried frequencies, if any, should be reallocated or made available for shared access.
Sets forth exceptions for federal agencies to withhold certain national security information.
Amends the Communications Act of 1934 to provide that, if the FCC determines that it is consistent with the public interest in spectrum utilization (after a report of the initial inventory is submitted to Congress and made available on the Internet) for a licensee to voluntarily relinquish licensed spectrum usage rights to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from granting such rights to another licensee under an appropriate competitive bidding system must be shared, in a more than de minimis amount that the FCC considers appropriate, with the licensee who voluntarily relinquished such rights.
Directs the FCC to establish rules for such voluntary incentive auction revenue sharing.
Prohibits the FCC from reclaiming frequencies of any licensees on an involuntary basis for certain licensing purposes.
Extends the FCC's authority to grant a license or permit under the applicable competitive bidding provisions to September 30, 2020.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 911 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 911
To require the National Telecommunications and Information
Administration and the Federal Communications Commission to conduct an
inventory of broadband spectrum, to authorize the Commission,
contingent on the completion of such inventory, to conduct auctions of
voluntarily relinquished spectrum usage rights and to share the
revenues with the licensees who relinquished such rights, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2011
Mr. Barrow introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the National Telecommunications and Information
Administration and the Federal Communications Commission to conduct an
inventory of broadband spectrum, to authorize the Commission,
contingent on the completion of such inventory, to conduct auctions of
voluntarily relinquished spectrum usage rights and to share the
revenues with the licensees who relinquished such rights, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Inventory and Auction Act
of 2011''.
SEC. 2. INVENTORY OF BROADBAND SPECTRUM.
Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended by adding at the end the following new section:
``SEC. 119. INVENTORY OF BROADBAND SPECTRUM.
``(a) In General.--The Assistant Secretary and the Commission shall
conduct an inventory of each broadband radio spectrum band of
frequencies listed in the United States Table of Frequency Allocations.
Such inventory shall include--
``(1) the radio services authorized to operate in each band
of frequencies;
``(2) the identity of each Federal or non-Federal user
within each such radio service authorized to operate in each
band of frequencies;
``(3) the activities, capabilities, functions, or missions
(including whether such activities, capabilities, functions, or
missions are space-based, air-based, or ground-based) supported
by the transmitters, end-user terminals or receivers, or other
radio frequency devices authorized to operate in each band of
frequencies;
``(4) the total amount of spectrum, by band of frequencies,
assigned or licensed to each Federal or non-Federal user (in
percentage terms and in sum) and the geographic areas covered
by their respective assignments or licenses;
``(5) the approximate number of transmitters, end-user
terminals or receivers, or other radio frequency devices
authorized to operate, as appropriate to characterize the
extent of use of each radio service in each band of
frequencies;
``(6) an approximation of the extent to which each Federal
or non-Federal user is using, by geography, 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 and radio service; and
``(7) to the greatest extent possible--
``(A) 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;
``(B) for each band or range of frequencies, the
identity of each entity offering unlicensed services
and the types and approximate number of unlicensed
intentional radiators verified or certified by the
Commission that are authorized to operate; and
``(C) for non-Federal users, any commercial names
under which facilities-based service is offered to the
public using the spectrum of the non-Federal user,
including the commercial names under which the spectrum
is being offered through resale.
``(b) Updates of Inventory.--The Assistant Secretary and the
Commission shall make all reasonable efforts to update the inventory
conducted under subsection (a) on a quarterly basis, but in no event
shall the updates of the inventory be made less frequently than
semiannually.
``(c) Reports to Congress.--
``(1) Inventory reports.--Not later than December 31, 2011,
and biennially thereafter, the Assistant Secretary and the
Commission shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and to the Committee on Energy
and Commerce of the House of Representatives a report
containing--
``(A) the results of the inventory conducted under
subsection (a), including any updates to the
information in the inventory pursuant to subsection
(b);
``(B) a description of any information the
Assistant Secretary or the Commission determines is
necessary for the inventory but that is unavailable;
and
``(C) a description of any information with respect
to which the head of an Executive agency has notified
the Assistant Secretary under subsection (e)(1)(A).
``(2) Relocation reports.--Not later than July 1, 2012, and
biennially thereafter, the Assistant Secretary and the
Commission shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
containing a recommendation of which bands of frequencies
inventoried under subsection (a), if any, should be reallocated
or otherwise made available for shared access and an
explanation of the basis for that recommendation.
``(d) Availability on Internet.--
``(1) In general.--Not later than March 31, 2012, the
Assistant Secretary and the Commission shall make the inventory
conducted under subsection (a) available to the public on an
Internet website.
``(2) Updates.--Not later than 30 days after each update of
the inventory under subsection (b), the Assistant Secretary and
the Commission shall update the information posted on the
Internet website under paragraph (1).
``(e) National Security Exception.--
``(1) In general.--
``(A) Notification by agency head.--If the head of
an Executive agency (as defined in section 105 of title
5, United States Code) determines that public
disclosure of certain information held by such agency
or a licensee of non-Federal spectrum and required to
be included in the inventory under subsection (a) would
reveal classified national security information and
such public disclosure would be detrimental to national
security, the agency head shall notify the Assistant
Secretary of that determination and shall include
descriptions of the activities, capabilities,
functions, or missions (including whether they are
space-based, air-based, or ground-based) supported by
the information being withheld.
``(B) Information provided.--The agency head shall
provide to the Assistant Secretary--
``(i) the publicly releasable information
required by subsection (a);
``(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the classified national security
information; and
``(iii) a classified annex, under
appropriate cover, containing the classified
national security information that the agency
head has determined must be withheld from
public disclosure.
``(2) Additional disclosure.--The annex required under
paragraph (1)(B)(iii) shall be provided to the congressional
committees described in subsection (c)(1) but shall not be
released to the public or provided to any unauthorized person
through the website described in subsection (d) or any other
means.
``(3) National security council consultation.--Prior to any
public release of the inventory conducted under subsection (a),
including submission of a report under subsection (c)(1) and
the release of any information on the Internet under subsection
(d), the Assistant Secretary and the Commission shall--
``(A) make available to the National Security
Council the information that the Assistant Secretary
and the Commission plan to release to the public;
``(B) allow the National Security Council not fewer
than 30 days to identify information that should not be
released to the public because such release would
threaten national security; and
``(C) not release to the public or provide to any
unauthorized person through the website described in
subsection (d) or any other means any information
identified by the National Security Council under
subparagraph (B).
``(f) Use of Agency Resources.--In conducting the inventory under
subsection (a), the Assistant Secretary and the Commission shall first
use NTIA and Commission resources, including existing databases, field
testing, and recordkeeping systems, and only request information from
Federal and non-Federal users if such information cannot be obtained
using such resources.''.
SEC. 3. VOLUNTARY INCENTIVE AUCTION REVENUE SHARING.
(a) In General.--Section 309(j)(8) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``(D), and (E),'' and
inserting ``(D), (E), and (F),'';
(2) in the first sentence of subparagraph (B), by inserting
``and except as provided in subparagraph (F)'' after
``subparagraph (A)'';
(3) in subparagraph (C)(i), by inserting ``and subparagraph
(F)'' after ``subparagraph (E)(ii)'';
(4) in subparagraph (E)(ii), by inserting ``and except as
provided in subparagraph (F)'' after ``Notwithstanding
subparagraph (A)''; and
(5) by adding at the end the following new subparagraph:
``(F) Voluntary incentive auction revenue
sharing.--
``(i) In general.--Subject to clause (iv),
notwithstanding subparagraphs (A), (B), and
(E), if the Commission determines that it is
consistent with the public interest in
utilization of the spectrum for a licensee to
relinquish voluntarily 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 in granting such rights
to another licensee shall be shared, in an
amount or percentage that the Commission
considers appropriate and that is more than de
minimis, with the licensee who voluntarily
relinquished such rights.
``(ii) Amounts not shared deposited in
treasury.--In any case in which a licensee
voluntarily relinquishes licensed spectrum
usage rights under clause (i), the Commission
shall deposit in the Treasury any portion of
the proceeds described in such clause that the
Commission does not share with the licensee.
``(iii) Treatment of deposits of successful
bidders.--Notwithstanding subparagraph (C)(i),
in the case of a person who has paid a deposit
to bid in a system of competitive bidding used
to grant spectrum usage rights voluntarily
relinquished under clause (i) and who has been
granted such rights under such system, the
Commission may treat such deposit as proceeds
under this subparagraph if the Commission
considers it appropriate.
``(iv) Authority contingent on completion
of broadband spectrum inventory.--The
Commission shall have no authority to auction
spectrum rights voluntarily relinquished in
accordance with clause (i) until the Assistant
Secretary of Commerce for Communications and
Information and the Commission submit the
initial report required by subsection (c)(1) of
section 119 of the National Telecommunications
and Information Administration Organization Act
(relating to the inventory of broadband
spectrum conducted under subsection (a) of such
section) and make such inventory available on
an Internet website (as required by subsection
(d)(1) of such section).''.
(b) Federal Communications Commission Action.--Not later than 180
days after the date of enactment of this Act, the Federal
Communications Commission shall establish rules for the implementation
of voluntary incentive auction revenue sharing under subparagraph (F)
of section 309(j)(8) of the Communications Act of 1934, as added by
subsection (a)(5).
(c) Prohibition on Federal Communications Commission Action.--The
Federal Communications Commission may not reclaim frequencies of
broadcast television licensees or any other licensees directly or
indirectly on an involuntary basis under subparagraph (F) of section
309(j)(8) of the Communications Act of 1934, as added by subsection
(a)(5).
SEC. 4. EXTENSION OF FCC 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 ``2020''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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