ITS Codification Act
Officially: “ITS Codification Act” Read the full text
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1Short title
This section would let this Act be called the "Institute for Telecommunication Sciences Codification Act" or the "ITS Codification Act."
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1. Short title This Act may be cited as the Institute for Telecommunication Sciences Codification Act or the ITS Codification Act .
2Institute for Telecommunication Sciences
This section would state Congress's findings that the test center inside the National Telecommunications and Information Administration (NTIA) represents executive branch agencies on spectrum issues before the Federal Communications Commission, that understanding radio frequency propagation is a critical part of spectrum decisions, and that federal agencies rely on the center's expert engineering studies, simulations, and analyses to decide how to make spectrum available for commercial use, including through system relocations and identifying spectrum-sharing opportunities. The findings state that clearing federal spectrum for commercial use, when feasible, is the priority action required by section 113(j)(1) of the National Telecommunications and Information Administration Organization Act, and that sharing federal spectrum between federal and commercial entities is used to provide commercial access when clearing is not feasible. The findings also state that the test center is the government's premier expert laboratory for spectrum research, spectrum-sharing innovation and testing, spectrum interference studies, and work on next-generation wireless technologies, and that it is critical for the engineering studies and analyses that inform clearing or sharing decisions and related policy choices. This section would then add a new section 106 to the National Telecommunications and Information Administration Organization Act requiring the Assistant Secretary of Commerce for Communications and Information to operate a test center called the Institute for Telecommunication Sciences (ITS), using the authority already given to the Assistant Secretary under section 103 of that Act. ITS would serve as the executive branch's primary laboratory to study radio frequency emissions, including technologies and techniques to control such emissions and the interference they cause; determine spectrum propagation characteristics; test technology that helps Federal and non-Federal users share electromagnetic spectrum; improve the interference tolerance of Federal systems that use Federal spectrum; promote access to Federal spectrum by non-Federal users and sharing of Federal spectrum between Federal and non-Federal users; and carry out any other activities the Assistant Secretary decides are necessary. The Assistant Secretary could also delegate to ITS any of the other functions already assigned to the Assistant Secretary under section 103(b)(1) of that Act. To carry out these functions, the Assistant Secretary, acting through the head of ITS, could enter into agreements under several existing authorities: sections 11 and 12 of the Stevenson-Wydler Technology Innovation Act of 1980; section 1535 of title 31, United States Code; sections 207 and 209 of title 35, United States Code; sections 103(b)(2) and 113(g) of the National Telecommunications and Information Administration Organization Act; the first undesignated section of Public Law 91-412; and any other federal statute that authorizes such agreements. The new section would define "Federal spectrum" to mean frequencies assigned on a primary basis to a Federal entity, using the definition of Federal entity already in section 113(l) of that Act. This section would also require the Assistant Secretary, acting through the head of ITS, to establish an initiative supporting the development of emergency communication and tracking technologies for locating trapped individuals in confined spaces, such as underground mines, and other shielded environments, such as high-rise buildings or collapsed structures, where conventional radio communication is limited. To carry out this initiative, the Assistant Secretary, acting through the head of ITS, would have to work with private sector entities and the heads of appropriate Federal agencies to perform a needs assessment identifying and evaluating the measurement, technical specification, and conformity assessment needs required to improve the operation and reliability of these emergency communication and tracking technologies, and to support development of technical specifications and conformance architecture for them. Not later than 18 months after this section is enacted, the Assistant Secretary would have to submit to Congress, and make publicly available, a report on the needs assessment.
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2. Institute for Telecommunication Sciences (a) Findings Congress finds the following: (1) The test center within the National Telecommunications and Information Administration (in this subsection referred to as the NTIA ) represents executive branch agencies on spectrum issues before the Federal Communications Commission. (2) Understanding radio frequency propagation characteristics and modeling is a critical component of making spectrum decisions. (3) Federal agencies rely on expert engineering studies, simulations, and analyses to make determinations about how to make spectrum available for commercial use, including through system relocations and identifying spectrum sharing opportunities through the NTIA. (4) Clearing of Federal spectrum, when feasible, is the priority action to take to make Federal spectrum available for commercial uses as required by section 113(j)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(j)(1) ). (5) Sharing of Federal spectrum between Federal entities and commercial entities provides access to Federal spectrum for commercial uses in circumstances where clearing is not feasible. (6) The test center within the NTIA is the Government’s premier expert laboratory for spectrum research activities, spectrum sharing innovation and testing, spectrum interference studies, and all activities related to advancing next generation wireless technologies. (7) The test center within the NTIA is critical for undertaking engineering studies and analyses that inform clearing or sharing opportunities and facilitate policy decisions to maximize the efficient use of spectrum resources. (b) Operation of test center Part A of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ) is amended by adding at the end the following: 106. Institute for Telecommunication Sciences (a) Establishment (1) In general Under the authority provided to the Assistant Secretary under section 103, the Assistant Secretary shall operate a test center to be known as the Institute for Telecommunication Sciences (in this section referred to as ITS ). (2) Functions (A) In general In addition to any functions delegated by the Assistant Secretary under subparagraph (B), ITS shall serve as the primary laboratory for the executive branch of the Federal Government to— (i) study radio frequency emissions, including technologies and techniques to control such emissions and interference caused by such emissions; (ii) determine spectrum propagation characteristics; (iii) conduct tests on technology that enhances the sharing of electromagnetic spectrum between Federal and non-Federal users; (iv) improve the interference tolerance of Federal systems operating with, or using, Federal spectrum; (v) promote activities relating to access to Federal spectrum by non-Federal users and the sharing of Federal spectrum between Federal and non-Federal users; and (vi) conduct such other activities as determined necessary by the Assistant Secretary. (B) Additional functions The Assistant Secretary may delegate to ITS any of the functions assigned to the Assistant Secretary under section 103(b)(1). (3) Agreements and transactions In carrying out the functions described in paragraph (2), the Assistant Secretary, acting through the head of ITS, may enter into agreements as provided under the following authorities: (A) Sections 11 and 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710 ; 3710a). (B) Section 1535 of title 31, United States Code. (C) Sections 207 and 209 of title 35, United States Code. (D) Section 103(b)(2) of this Act. (E) Section 113(g) of this Act. (F) The first undesignated section of Public Law 91–412 . (G) Any authorization in any other Federal statute. (4) Federal spectrum defined In this subsection, the term Federal spectrum means frequencies assigned on a primary basis to a Federal entity (as defined in section 113(l)). (b) Emergency communication and tracking technologies initiative (1) Establishment The Assistant Secretary, acting through the head of ITS, shall establish an initiative to support the development of emergency communication and tracking technologies for use in locating trapped individuals in confined spaces, such as underground mines, and other shielded environments, such as high-rise buildings or collapsed structures, where conventional radio communication is limited. (2) Activities In order to carry out this subsection, the Assistant Secretary, acting through the head of ITS, shall work with private sector entities and the heads of appropriate Federal agencies, to— (A) perform a needs assessment to identify and evaluate the measurement, technical specifications, and conformity assessment needs required to improve the operation and reliability of such emergency communication and tracking technologies; and (B) support the development of technical specifications and conformance architecture to improve the operation and reliability of such emergency communication and tracking technologies. (3) Report Not later than 18 months after the date of the enactment of this section, the Assistant Secretary shall submit to Congress, and make publicly available, a report on the assessment performed under paragraph (2)(A). .
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In the House.