Radio Spectrum Inventory Act of 2012 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), subject to specified national security, classified information, and public safety exceptions, and in consultation with the National Telecommunications and Information Administration (NTIA) and the Office of Science and Technology Policy, to: (1) biennially inventory each radio spectrum band from 300 megahertz to at least 6.5 gigahertz managed by each such agency, including information on the total spectrum authorized for each licensee or federal government user and the approximate number of deployed or authorized transmitters, end-user terminals, or receivers (excluding unintended radiators) in the band; and (2) make the information available to the public on a searchable Internet website.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3433
To require a radio spectrum inventory of bands managed by the Federal
Communications Commission and the National Telecommunications &
Information Administration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2012
Ms. Snowe (for herself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require a radio spectrum inventory of bands managed by the Federal
Communications Commission and the National Telecommunications &
Information Administration.
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 ``Radio Spectrum Inventory Act of
2012''.
SEC. 2. 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:
``SEC. 343. SPECTRUM INVENTORY.
``(a) Radio Spectrum Inventory.--Not later than 1 year after the
date of enactment of the Radio Spectrum Inventory Act of 2012, 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
website 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
website.
``(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.
``(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 website
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.--Not later than 180 days after the date of
enactment of this Act, the Commission and the National
Telecommunications and Information Administration shall provide an
update as to the status of the inventory and report required by section
343(a) of the Communications Act of 1934, as added by subsection (a) of
this Act, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5385)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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