FCC Spectrum Auction Authority: Background and Proposals for Extension

Changes from October 12, 2022 to December 21, 2022

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FCC Spectrum Auction Authority: Background
~~October 12~~December 21, 2022 , 2022
and Proposals for Extension
Jill C. Gallagher
Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions
Analyst Analyst
and is a finite and valuable resource. It is necessary for companies seeking to provide wireless and is a finite and valuable resource. It is necessary for companies seeking to provide wireless
Telecommunications Telecommunications
services, such as radio broadcasting, mobile communications, and satellite services. In 1934, services, such as radio broadcasting, mobile communications, and satellite services. In 1934,
Policy Policy
Congress created the Federal Communications Commission (FCC), an independent agency, to Congress created the Federal Communications Commission (FCC), an independent agency, to

manage nonfederal use of spectrum. The FCC allocates segments of spectrum for various uses, manage nonfederal use of spectrum. The FCC allocates segments of spectrum for various uses,
Patricia Moloney Figliola
such as radio broadcasting, mobile communications, satellite services, and land mobile radio such as radio broadcasting, mobile communications, satellite services, and land mobile radio
Specialist in Internet and Specialist in Internet and
communications. It grants licenses to nonfederal entities to use specific frequencies within those communications. It grants licenses to nonfederal entities to use specific frequencies within those
Telecommunications Telecommunications
bands and sets terms and conditions on use to serve the public interest, avoid interference bands and sets terms and conditions on use to serve the public interest, avoid interference
Policy Policy
between users, and promote the most efficient use of spectrum. between users, and promote the most efficient use of spectrum.

In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses

for rights to use specific frequencies for commercial wireless communications. That authority for rights to use specific frequencies for commercial wireless communications. That authority
was originally due to expire on September 30, 1998, but Congress has extended it several times. The most recent long-term was originally due to expire on September 30, 1998, but Congress has extended it several times. The most recent long-term
extension, granted as part of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96), was set to expire on extension, granted as part of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96), was set to expire on
September 30, 2022. On September 30, 2022, Congress passed, and the president signed, a continuing resolution (P.L. 117-September 30, 2022. On September 30, 2022, Congress passed, and the president signed, a continuing resolution (P.L. 117-
180, Division C, §101) extending the FCC’s spectrum auction authority through December 16, 2022, allowing the FCC to 180, Division C, §101) extending the FCC’s spectrum auction authority through December 16, 2022, allowing the FCC to
complete its work on the 2.5 Gigahertz (GHz) auction that closed on August 29, 2022. complete its work on the 2.5 Gigahertz (GHz) auction that closed on August 29, 2022.
On December 16, 2022, President Biden signed the Further Continuing Appropriations and Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 of the law amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from December 16, 2022, to December 23, 2022. Supporters of an extension of the FCC’s auction authority see auctions as an effective means to manage spectrum access and Supporters of an extension of the FCC’s auction authority see auctions as an effective means to manage spectrum access and
use. During the 117th Congress, Members introduced several pieces of legislation that would extend the FCC’s spectrum use. During the 117th Congress, Members introduced several pieces of legislation that would extend the FCC’s spectrum
auction authority, either as auction authority, either as ~~standalone~~stand-alone legislation (H.R. 7783) or as part of comprehensive spectrum legislation (H.R. 7624 legislation (H.R. 7783) or as part of comprehensive spectrum legislation (H.R. 7624
and S. 4117). On July 27, 2022, the House passed the Spectrum Innovation Act of 2022 (H.R. 7624), which would extend the and S. 4117). On July 27, 2022, the House passed the Spectrum Innovation Act of 2022 (H.R. 7624), which would extend the
spectrum auction authority until March 31, 2024, require the auction of the 3.1-3.45 GHz band, spectrum auction authority until March 31, 2024, require the auction of the 3.1-3.45 GHz band, and allocate auction revenues to allocate auction revenues to
fund 911 improvements and the Secure and Trusted Communications Network Reimbursement Programfund 911 improvements and the Secure and Trusted Communications Network Reimbursement Program~~, and extend the~~
~~FCC’s auction authority through March 31, 2024~~. The bill is under consideration in the Senate. The Secure and Trusted . The bill is under consideration in the Senate. The Secure and Trusted
Communications Network Reimbursement Program pays to “rip and replace” untrusted equipment from U.S. Communications Network Reimbursement Program pays to “rip and replace” untrusted equipment from U.S.
telecommunication networks. telecommunication networks.
With the FCC spectrum auction authority extended through December With the FCC spectrum auction authority extended through December 1623, 2022, Members are reportedly debating the , 2022, Members are reportedly debating the
duration of a future extension and the best legislative vehicle for the extension, whether in a duration of a future extension and the best legislative vehicle for the extension, whether in a ~~standalone~~stand-alone bill, annual bill, annual
appropriation bill, or some other vehicle. Members are also continuing to discuss the development of a comprehensive appropriation bill, or some other vehicle. Members are also continuing to discuss the development of a comprehensive
spectrum package that would include a further extension among other provisions. spectrum package that would include a further extension among other provisions.
Representative Mike Doyle, Chairman of the Committee on Energy and Commerce’s Subcommittee on Communications and Representative Mike Doyle, Chairman of the Committee on Energy and Commerce’s Subcommittee on Communications and
Technology, urged Senate concurrence on H.R. 7624; however, some Senators do not agree with certain elements of the bill. Technology, urged Senate concurrence on H.R. 7624; however, some Senators do not agree with certain elements of the bill.
Some Senators support an approach similar to that used in P.L. 112-96, which provided a long-term extension of the FCC’s Some Senators support an approach similar to that used in P.L. 112-96, which provided a long-term extension of the FCC’s
spectrum auction authority (e.g., 10-year), named several frequency bands for auction, and specified uses for spectrum spectrum auction authority (e.g., 10-year), named several frequency bands for auction, and specified uses for spectrum
auction revenue. Given recent spectrum disputes, some Senators would also like to include provisions to improve interagency auction revenue. Given recent spectrum disputes, some Senators would also like to include provisions to improve interagency
coordination on spectrum decisions in a comprehensive spectrum bill. coordination on spectrum decisions in a comprehensive spectrum bill.
If Congress does not reach agreement to extend the FCC’s spectrum auction authority by December If Congress does not reach agreement to extend the FCC’s spectrum auction authority by December 1623, 2022, the FCC would , 2022, the FCC would
no longer be able to auction spectrum licenses for particular bands, potentially creating uncertainty for agencies and industry. no longer be able to auction spectrum licenses for particular bands, potentially creating uncertainty for agencies and industry.
Congress could extend the FCC’s auction authority through Congress could extend the FCC’s auction authority through ~~standalone~~stand-alone legislation, such as H.R. 7783, comprehensive legislation, such as H.R. 7783, comprehensive
legislation, such as H.R. 7624, annual appropriation bills, or some other legislative vehicle. legislation, such as H.R. 7624, annual appropriation bills, or some other legislative vehicle.

Congressional Research Service Congressional Research Service

FCC Spectrum Auction Authority: Background and Proposals for Extension

Introduction
Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions
and is a finite and valuable resource. It is necessary for companies seeking to provide wireless and is a finite and valuable resource. It is necessary for companies seeking to provide wireless
services, such as radio broadcasting, mobile communications, and satellite services. In 1934, services, such as radio broadcasting, mobile communications, and satellite services. In 1934,
Congress created the Federal Communications Commission (FCC), an independent agency, to Congress created the Federal Communications Commission (FCC), an independent agency, to
manage nonfederal use of spectrum. The FCC allocates segments of usable and available manage nonfederal use of spectrum. The FCC allocates segments of usable and available
spectrum for various uses, such as radio broadcasting, mobile communications, satellite services, spectrum for various uses, such as radio broadcasting, mobile communications, satellite services,
and land mobile radio communications. It grants licenses to nonfederal entities to use specific and land mobile radio communications. It grants licenses to nonfederal entities to use specific
frequencies within those bands and sets terms and conditions to serve the public interest, avoid frequencies within those bands and sets terms and conditions to serve the public interest, avoid
interference between users, and promote the most efficient use of spectrum. According to the interference between users, and promote the most efficient use of spectrum. According to the
FCC, “Managing the airwaves is arguably the agency’s most important function. Nearly every FCC, “Managing the airwaves is arguably the agency’s most important function. Nearly every
commercial device that transmits a wireless signal on a radio frequency, from AM radios to commercial device that transmits a wireless signal on a radio frequency, from AM radios to
satellites to 5G cell phones, must comply with our rules, from licensing to interference.”1 satellites to 5G cell phones, must comply with our rules, from licensing to interference.”1
In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses
for rights to use specific frequencies for commercial wireless communications. That authority for rights to use specific frequencies for commercial wireless communications. That authority
was originally due to expire on September 30, 1998, but Congress has extended it several times. was originally due to expire on September 30, 1998, but Congress has extended it several times.
The most recent long-term extension in 2012—through September 30, 2022—was granted as part The most recent long-term extension in 2012—through September 30, 2022—was granted as part
of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96). of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96).
During the 117th Congress, Members introduced several pieces of legislation that would extend During the 117th Congress, Members introduced several pieces of legislation that would extend
the FCC’s spectrum auction authority, either as the FCC’s spectrum auction authority, either as ~~standalone~~stand-alone legislation or as part of comprehensive legislation or as part of comprehensive
spectrum legislation. The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, spectrum legislation. The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28,
2022, would auction the 3.1-3.45 GHz band of spectrum and would extend the FCC’s auction 2022, would auction the 3.1-3.45 GHz band of spectrum and would extend the FCC’s auction
authority to auction this segment for seven years from the enactment of the bill. The Extending authority to auction this segment for seven years from the enactment of the bill. The Extending
America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), introduced on May 16, 2022, America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), introduced on May 16, 2022,
would extend FCC auction authority through March 31, 2024. On July 27, 2022, the House would extend FCC auction authority through March 31, 2024. On July 27, 2022, the House
passed a comprehensive spectrum package, the Spectrum Innovation Act of 2022 (H.R. 7624), passed a comprehensive spectrum package, the Spectrum Innovation Act of 2022 (H.R. 7624),
which would extend FCC auction authority through March 2024. Among its other provisions, the which would extend FCC auction authority through March 2024. Among its other provisions, the
bill would require the auction of the 3.1-3.45 Gigahertz (GHz) band, and allocate auction bill would require the auction of the 3.1-3.45 Gigahertz (GHz) band, and allocate auction
revenues to fund next generation 911 improvements and the Secure and Trusted Communications revenues to fund next generation 911 improvements and the Secure and Trusted Communications
Network Reimbursement Program—a program to “rip and replace” untrusted equipment from Network Reimbursement Program—a program to “rip and replace” untrusted equipment from
U.S. telecommunication networks. The bill is under consideration in the Senate. U.S. telecommunication networks. The bill is under consideration in the Senate.
On September 30, 2022, On September 30, 2022, ~~Congress passed and~~ President Biden signed a continuing resolution President Biden signed a continuing resolution
(CR) that extended the FCC’s spectrum auction authority through December 16, 2022 (P.L. 117-(CR) that extended the FCC’s spectrum auction authority through December 16, 2022 (P.L. 117-
180, Division C, §101). The extension allows the FCC to complete licensing and other activities 180, Division C, §101). The extension allows the FCC to complete licensing and other activities
related to its 2.5 GHz band auction—an auction of frequencies in the 2.5 GHz band that related to its 2.5 GHz band auction—an auction of frequencies in the 2.5 GHz band that
commenced on July 29, 2022, commenced on July 29, 2022, and concluded on August 20, 2022.2 On December 16, 2022, President Biden signed the Further Continuing Appropriations and Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 of the law amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from December 16, 2022, to December 23, 2022. ~~and concluded on August 20, 2022.2 Many Members of Congress~~
~~have expressed support for extending this authority beyond December 16, 2022, and Members are~~
~~reportedly debating the term of the extension, specific spending provisions, interagency~~
~~coordination requirements, and the legislative vehicle for the extension.~~
~~This report provides a brief history of FCC spectrum auction authority, legislative activity in the~~
~~117th Congress, and a discussion of policy options.~~

1 FCC Podcast, 1 FCC Podcast, More than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from , episode #18, “Going Once, Going Infinitely: How the FCC Went from
‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, at https://www.fcc.gov/news-events/podcast. ‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, at https://www.fcc.gov/news-events/podcast.
2 FCC, “Auction 108: 2.5 GHz Band,” https://www.fcc.gov/auction/108. 2 FCC, “Auction 108: 2.5 GHz Band,” https://www.fcc.gov/auction/108.
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FCC Spectrum Auction Authority: Background and Proposals for Extension

Congress is reportedly continuing to discuss the terms of a larger spectrum package, including specific spending provisions, interagency coordination requirements, and the best legislative vehicle for the extension.3 This report provides a brief history of FCC spectrum auction authority, legislative activity in the 117th Congress, and a discussion of policy options. History of the FCC’s Spectrum Auction Authority
Congress added Section 309(i) to the Communications Act of 1934 in the Omnibus Budget Congress added Section 309(i) to the Communications Act of 1934 in the Omnibus Budget
Reconciliation Act of 1981 (P.L. 97-35),Reconciliation Act of 1981 (P.L. 97-35),34 granting the FCC authority to assign licenses to pre- granting the FCC authority to assign licenses to pre-
qualified applicants by random selection (i.e., lottery). Under the lottery system, these applicants qualified applicants by random selection (i.e., lottery). Under the lottery system, these applicants
would apply for spectrum licenses and the FCC would randomly assign frequencies to them. would apply for spectrum licenses and the FCC would randomly assign frequencies to them.
However, as stated by the FCC in a 1997 report to Congress, the pre-qualification process itself However, as stated by the FCC in a 1997 report to Congress, the pre-qualification process itself
often took many months (20 months in one case), and some license winners had “no intention of often took many months (20 months in one case), and some license winners had “no intention of
providing service to the public” and instead “were eager to trade their license rights for windfall providing service to the public” and instead “were eager to trade their license rights for windfall
profits.”profits.”45
Such profiteering led Congress to grant the FCC authority to conduct auctions to assign spectrum. Such profiteering led Congress to grant the FCC authority to conduct auctions to assign spectrum.
Congress added §309(j) to the Communications Act of 1934 in the Omnibus Budget Congress added §309(j) to the Communications Act of 1934 in the Omnibus Budget
Reconciliation Act of 1993 (P.L. 103-66, §6002),Reconciliation Act of 1993 (P.L. 103-66, §6002),56 which allowed the FCC to use competitive which allowed the FCC to use competitive
bidding (i.e., auctions) to grant spectrum licenses.bidding (i.e., auctions) to grant spectrum licenses.67 The act required the FCC to protect the public The act required the FCC to protect the public
interest and promote specific objectives, such as speeding deployment of new technology and interest and promote specific objectives, such as speeding deployment of new technology and
services to rural regions, increasing competition and diversity among licensees, recovering some services to rural regions, increasing competition and diversity among licensees, recovering some
of the value of this federal resource for the public, and achieving the most efficient use of of the value of this federal resource for the public, and achieving the most efficient use of
spectrum.spectrum.78 By awarding licenses to the highest bidders from a diverse pool and including build- By awarding licenses to the highest bidders from a diverse pool and including build-
out requirements as a condition of licensing, the FCC could ensure that spectrum-holders were out requirements as a condition of licensing, the FCC could ensure that spectrum-holders were
ready and able to use the spectrum, to provide services to consumers in all areas, and to enhance ready and able to use the spectrum, to provide services to consumers in all areas, and to enhance
competition. Under this act, the FCC’s auction authority would have expired on September 30, competition. Under this act, the FCC’s auction authority would have expired on September 30,
1998. 1998.
On August 5, 1997, Congress extended the FCC’s auction authority for 10 years through the On August 5, 1997, Congress extended the FCC’s auction authority for 10 years through the
passage of the Balanced Budget Act of 1997 (P.L. 105-33, §3002), allowing the FCC to use passage of the Balanced Budget Act of 1997 (P.L. 105-33, §3002), allowing the FCC to use
competitive bidding for license applications through September 30, 2007. competitive bidding for license applications through September 30, 2007.
The Deficit Reduction Act of 2005 (P.L. 109-171, §3003), enacted February 8, 2006, extended The Deficit Reduction Act of 2005 (P.L. 109-171, §3003), enacted February 8, 2006, extended
FCC auction authority for four years, through September 30, 2011. The act specified that $7.363 FCC auction authority for four years, through September 30, 2011. The act specified that $7.363
billion of proceeds from the authorized auctions be applied to deficit reduction. It also set aside a billion of proceeds from the authorized auctions be applied to deficit reduction. It also set aside a
~~portion of the proceeds for digital television transition and public safety communications, and~~
~~created the Digital Television Transition and Public Safety Fund.8~~
~~The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended FCC~~
~~auction authority for one year, through September 30, 2012, to manage the auctions mandated~~
~~under P.L. 109-171.~~
~~The Middle-Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, Title VI) included~~
~~several spectrum-related provisions. It established a process for television broadcasters to release~~

3 3 Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks via FCC Stopgap, but Stumbling Blocks Remain,” Communications Daily, October 3, 2022, https://communicationsdaily.com/article/view?search_id=598344&p=1&id=1377718&BC=bc_633f1107cf33d. 4 See Communications Act of 1934, as amended (§309(i)), at https://transition.fcc.gov/Reports/1934new.pdf. See Communications Act of 1934, as amended (§309(i)), at https://transition.fcc.gov/Reports/1934new.pdf.
45 Federal Communications Commission, Federal Communications Commission, Report to Congress on Spectrum Auctions, FCC 97-353, adopted September , FCC 97-353, adopted September
30, 1997, released October 9, 1997, p. 7, at https://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf. 30, 1997, released October 9, 1997, p. 7, at https://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf.
56 The Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, §6002, 107 Stat. 312, 387-392. The Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, §6002, 107 Stat. 312, 387-392.
67 Sections 309(j)(7) and (8) discuss treatment of revenue from spectrum auctions, and state that the FCC may not base a Sections 309(j)(7) and (8) discuss treatment of revenue from spectrum auctions, and state that the FCC may not base a
finding of public interest, convenience, and necessity solely or predominantly on the expectation of federal revenue. finding of public interest, convenience, and necessity solely or predominantly on the expectation of federal revenue.
78 FCC, FCC, In the Matter of Proposals to Reform the Commission’s Comparative Hearing Process to Expedite the
Resolution of Cases (Gen. Docket No. 90-264), Notice of Proposed Rulemaking, May 10, 1990, p. 4050, at (Gen. Docket No. 90-264), Notice of Proposed Rulemaking, May 10, 1990, p. 4050, at
https://www.fcc.gov/document/amendment-proposals-reform-comparative-hearing-process-expedite. https://www.fcc.gov/document/amendment-proposals-reform-comparative-hearing-process-expedite.
~~8 For more information, see CRS Report R40674, Spectrum Policy in the Age of Broadband: Issues for Congress, by~~
~~Linda K. Moore. For further information, congressional readers may contact Jill C. Gallagher or Patricia Moloney~~
~~Figliola.~~
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~~link to page 7~~ ~~FCC Spectrum Auction Authority: Background and Proposals for Extension~~

Congressional Research Service 2 link to page 7 FCC Spectrum Auction Authority: Background and Proposals for Extension portion of the proceeds for digital television transition and public safety communications, and created the Digital Television Transition and Public Safety Fund.9 The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended FCC auction authority for one year, through September 30, 2012, to manage the auctions mandated under P.L. 109-171. The Middle-Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, Title VI) included several spectrum-related provisions. It established a process for television broadcasters to release spectrum licensed to them and for the FCC to auction that spectrum for commercial use. It spectrum licensed to them and for the FCC to auction that spectrum for commercial use. It
included provisions to auction certain spectrum and apply revenues from those auctions toward included provisions to auction certain spectrum and apply revenues from those auctions toward
deficit reduction. It also required revenues be used to establish a new agency to manage the deficit reduction. It also required revenues be used to establish a new agency to manage the
public safety broadband network (First Responder Network Authority), to build out that network, public safety broadband network (First Responder Network Authority), to build out that network,
and to fund several new public safety programs and initiatives. The act (§6405) also extended the and to fund several new public safety programs and initiatives. The act (§6405) also extended the
FCC’s auction authority for 10 years, through September 30, 2022. FCC’s auction authority for 10 years, through September 30, 2022.
The Spectrum Pipeline Act of 2015, which was included as Title X in the Bipartisan Budget Act The Spectrum Pipeline Act of 2015, which was included as Title X in the Bipartisan Budget Act
of 2015 (P.L. 114-74), requires the FCC to auction certain spectrum as specified in Section of 2015 (P.L. 114-74), requires the FCC to auction certain spectrum as specified in Section
1004(a) of the act. The act extends FCC auction authority for this spectrum through September 1004(a) of the act. The act extends FCC auction authority for this spectrum through September
30, 2025. A “spectrum pipeline plan” refers to the federal government selecting specific 30, 2025. A “spectrum pipeline plan” refers to the federal government selecting specific
frequencies for auction and setting the timeline for conducting these auctions.frequencies for auction and setting the timeline for conducting these auctions.
Figure 1 illustrates the timeline of changes to the FCC’s spectrum auction authority, which is due illustrates the timeline of changes to the FCC’s spectrum auction authority, which is due
to expire on September 30, 2022, except for certain spectrum auctioned under the authority of the to expire on September 30, 2022, except for certain spectrum auctioned under the authority of the
Spectrum Spectrum Pipeline Act of 2015. ~~Pipeline Act of 2015.~~
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~~FCC Spectrum Auction Authority: Background and Proposals for Extension~~

~~Figure 1. Timeline of Changes to the FCC’s Spectrum Auction Authority~~
~~Figure 2.(1981-2022)~~

Source: CRS.
Proposals in the 117th Congress to Extend the FCC’s
Spectrum Auction Authority
In anticipation of the FCC’s spectrum auction authority In anticipation of the FCC’s spectrum auction authority ~~potentially~~ expiring on September 30, expiring on September 30,
2022, some Members introduced legislation during the 117th Congress to extend it. 2022, some Members introduced legislation during the 117th Congress to extend it.
Extending America’s Spectrum Auction Leadership Act of 2022
(H.R. 7783)
The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), introduced on The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), introduced on
May 16, 2022, would extend FCC auction authority through March 31, 2024 (i.e., 18 months May 16, 2022, would extend FCC auction authority through March 31, 2024 (i.e., 18 months
from its September 30, 2022, expiration). The House Energy and Commerce Committee’s from its September 30, 2022, expiration). The House Energy and Commerce Committee’s
Subcommittee on Communications and Technology approved the bill on June 15, 2022, with bipartisan support. 9 For more information, see CRS Report R40674, Spectrum Policy in the Age of Broadband: Issues for Congress, by Linda K. Moore. For further information, congressional readers may contact Jill C. Gallagher or Patricia Moloney Figliola. Congressional Research Service 3 ~~Congressional Research Service~~

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FCC Spectrum Auction Authority: Background and Proposals for Extension

~~Subcommittee on Communications and Technology approved the bill on June 15, 2022, with~~
~~bipartisan support.~~
Figure 1. Timeline of Changes to the FCC’s Spectrum Auction Authority (1981-2022) Source: CRS. Spectrum Innovation Act of 2022 (H.R. 7624)
The Spectrum Innovation Act of 2022 (H.R. 7624), introduced on April 28, 2022, was passed by The Spectrum Innovation Act of 2022 (H.R. 7624), introduced on April 28, 2022, was passed by
the House on July 27, 2022 (H.Rept. 117-429), and referred to the Senate Committee on the House on July 27, 2022 (H.Rept. 117-429), and referred to the Senate Committee on
Commerce, Science, and Transportation. The bill, as passed by the House, would extend the Commerce, Science, and Transportation. The bill, as passed by the House, would extend the
FCC’s spectrum auction authority through March 31, 2024 (the same timeline proposed and FCC’s spectrum auction authority through March 31, 2024 (the same timeline proposed and
approved by the House Energy and Commerce Committee’s Subcommittee on Communications approved by the House Energy and Commerce Committee’s Subcommittee on Communications
and Technology in H.R. 7783). and Technology in H.R. 7783).
This bill would also specify a process for auctioning a segment of spectrum between 3.1 GHz and This bill would also specify a process for auctioning a segment of spectrum between 3.1 GHz and
3.45 GHz for nonfederal use, shared federal and nonfederal use, or a combination of uses. 3.45 GHz for nonfederal use, shared federal and nonfederal use, or a combination of uses.
Specifically, the bill would allow federal entities operating in the band (i.e., Department of Specifically, the bill would allow federal entities operating in the band (i.e., Department of
Congressional Research Service 4 FCC Spectrum Auction Authority: Background and Proposals for Extension Defense (DOD)) to use funding from the Spectrum Relocation Defense (DOD)) to use funding from the Spectrum Relocation ~~Fund9~~Fund10 for the purpose of research for the purpose of research
and development, engineering studies, economic analyses, activities with respect to reconfiguring and development, engineering studies, economic analyses, activities with respect to reconfiguring
systems,systems,1011 or other planning activities to make spectrum available for nonfederal or shared federal or other planning activities to make spectrum available for nonfederal or shared federal
and nonfederal use. Among other things, the bill would establish the Public Safety and Secure and nonfederal use. Among other things, the bill would establish the Public Safety and Secure
Networks Fund and direct a portion of spectrum auction proceeds for specific purposes. The bill Networks Fund and direct a portion of spectrum auction proceeds for specific purposes. The bill
would provide $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted would provide $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted
Communications Networks Reimbursement Program—a program that reimburses Communications Networks Reimbursement Program—a program that reimburses
telecommunications providers for replacing equipment that poses risks to national security and telecommunications providers for replacing equipment that poses risks to national security and
safety.safety.1112 Additionally, the bill would also make available $10 billion from such revenues to Additionally, the bill would also make available $10 billion from such revenues to
improve 911 systems and services. improve 911 systems and services.
Spectrum Innovation Act of 2022 (S. 4117)
The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would auction the The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would auction the
3.1-3.45 GHz band of spectrum and would extend the FCC’s auction authority to auction this 3.1-3.45 GHz band of spectrum and would extend the FCC’s auction authority to auction this
segment for seven years from the date of enactment of the bill. The bill directs the Office of segment for seven years from the date of enactment of the bill. The bill directs the Office of
Management and Budget to transfer funding from the Spectrum Relocation Fund to federal Management and Budget to transfer funding from the Spectrum Relocation Fund to federal
entities to plan and conduct studies to facilitate the reallocation, with oversight from the National entities to plan and conduct studies to facilitate the reallocation, with oversight from the National
Telecommunications and Information Administration (NTIA) and the Executive Office of the Telecommunications and Information Administration (NTIA) and the Executive Office of the
President. It requires the Department of Commerce (DOC) to identify 200 MHz for reallocation President. It requires the Department of Commerce (DOC) to identify 200 MHz for reallocation
and to work with DOD, FCC, and the White House Office of Science and Technology Policy to and to work with DOD, FCC, and the White House Office of Science and Technology Policy to
make spectrum available for new uses, while also protecting incumbent users. The bill was make spectrum available for new uses, while also protecting incumbent users. The bill was
referred to the Committee on Commerce, Science, and Transportation. referred to the Committee on Commerce, Science, and Transportation.
Senate Hearing: “The Future of Spectrum” On August 2, 2022, the Senate Committee on Commerce, Science, and Transportation’s Subcommittee on Communications, Media, and Broadband held a hearing, “The Future of Spectrum.”13 Senator Ben Ray Luján, Chair of the Subcommittee, Senator Roger Wicker, ranking member of the full committee, and Senator John Thune, ranking member of the subcommittee, noted the importance of renewing the FCC’s spectrum authority in their opening statements. Many committee members expressed support for a short-term extension of FCC authority, continued work on a long-term spectrum strategy, and enhanced coordination between the FCC and NTIA to balance commercial and federal agency needs.14 10
9 As authorized by the Commercial Spectrum Enhancement Act, Title II of P.L. 108-494, the Spectrum Relocation As authorized by the Commercial Spectrum Enhancement Act, Title II of P.L. 108-494, the Spectrum Relocation
Fund provides a centralized and streamlined funding mechanism through which federal agencies can recover the costs Fund provides a centralized and streamlined funding mechanism through which federal agencies can recover the costs
associated with relocating their radio communications systems or sharing the reallocated spectrum. associated with relocating their radio communications systems or sharing the reallocated spectrum.
1011 The auction of the 3.1-3.45 GHz band was authorized in the Infrastructure Investment and Jobs Act (P.L. 117-58, The auction of the 3.1-3.45 GHz band was authorized in the Infrastructure Investment and Jobs Act (P.L. 117-58,
§90008(b)); H.R. 7624 proposes to repeal §90008. §90008(b)); H.R. 7624 proposes to repeal §90008.
1112 For more information on the program, see CRS Insight IN11663, For more information on the program, see CRS Insight IN11663, Secure and Trusted Communications Networks
Reimbursement Program: Frequently Asked Questions, by Jill C. Gallagher. , by Jill C. Gallagher.
~~Congressional Research Service~~

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~~FCC Spectrum Auction Authority: Background and Proposals for Extension~~

~~Senate Hearing: “The Future of Spectrum”~~
~~On August 2, 2022, the~~13 U.S. Congress, Senate Committee on Commerce, Science, and Transportation Senate Committee on Commerce, Science, and Transportation’s
, Subcommittee on Subcommittee on ~~Communications,~~ Communication, Media, and Broadband, Future of Spectrum, 117th Cong., 2nd sess., August 2, 2022, at https://www.commerce.senate.gov/2022/8/future-of-spectrum. 14 See opening statements of Senators Luján, Wicker, and Thune. “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/senate-hearing-wireless-spectrum. This link allows for full text searching of the video, as well as filtering by speaker. Congressional Research Service 5 FCC Spectrum Auction Authority: Background and Proposals for Extension ~~Media, and Broadband held a hearing, “The Future of~~
~~Spectrum.”12 Senator Ben Ray Luján, Chair of the Subcommittee, Senator Roger Wicker, ranking~~
~~member of the full committee, and Senator John Thune, ranking member of the subcommittee,~~
~~noted the importance of renewing the FCC’s spectrum authority in their opening statements.~~
~~Many committee members expressed support for a short-term extension of FCC authority,~~
~~continued work on a long-term spectrum strategy, and enhanced coordination between the FCC~~
~~and NTIA to balance commercial and federal agency needs.13~~
Industry witnesses supported approval of a short-term extension to ensure FCC authority does not Industry witnesses supported approval of a short-term extension to ensure FCC authority does not
lapse, especially as the FCC was (at the time of the hearing), conducting the auction of 2.5 GHz lapse, especially as the FCC was (at the time of the hearing), conducting the auction of 2.5 GHz
spectrum. They also asserted that a short-term extension would allow Congress and agency spectrum. They also asserted that a short-term extension would allow Congress and agency
stakeholders time to develop comprehensive spectrum legislation that would, among other things, stakeholders time to develop comprehensive spectrum legislation that would, among other things,
identify a spectrum pipeline and determine how to spend spectrum auction revenues.identify a spectrum pipeline and determine how to spend spectrum auction revenues.1415 A witness A witness
from Public Knowledge, a public interest group, argued that a longer-term extension or from Public Knowledge, a public interest group, argued that a longer-term extension or
permanent extension could facilitate long-term planning to make spectrum available for a variety permanent extension could facilitate long-term planning to make spectrum available for a variety
of users, protect the public interest in spectrum decisions, and to ensure spectrum auction of users, protect the public interest in spectrum decisions, and to ensure spectrum auction
revenues benefit public interest objectives.revenues benefit public interest objectives.1516
Temporary ~~Extension~~Extensions of the FCC’s Spectrum
Auction Authority ~~Through~~ Congress passed and President Biden signed two continuing resolutions at the end of the 117th Congress to extend the FCC’s spectrum auction authority so it would not lapse, first through December 16, 2022, and second through December 23, 2022. December 16, 2022
Division C, Title I, Section 101 of the Continuing Appropriations and Ukraine Supplemental Division C, Title I, Section 101 of the Continuing Appropriations and Ukraine Supplemental
Appropriations Act, 2023 (P.L. 117-180) extended the FCC’s spectrum auction authority from Appropriations Act, 2023 (P.L. 117-180) extended the FCC’s spectrum auction authority from
September 30, 2022, to December 16, 2022. It does not include any other spectrum provisions September 30, 2022, to December 16, 2022. It does not include any other spectrum provisions
(e.g., spectrum pipeline, discussion of auction proceeds, coordination requirements). The Senate (e.g., spectrum pipeline, discussion of auction proceeds, coordination requirements). The Senate
included the auction authority language in the bill and passed it on September 29, 2022, the included the auction authority language in the bill and passed it on September 29, 2022, the
House passed the bill on September 30, 2022, and House passed the bill on September 30, 2022, and ~~the~~ President Biden signed the bill into law on President Biden signed the bill into law on
September 30, 2022. September 30, 2022.
~~Congress is continuing to discuss a broader spectrum package and focusing debate on the term of~~
~~the extension and on the accompanying provisions covering exact frequencies for auction (i.e.,~~
~~spectrum pipeline), spending provisions, and interagency coordination.16~~

~~12 U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Subcommittee on Communication,~~
~~Media, and Broadband, Future of Spectrum, 117th Cong., 2nd sess., August 2, 2022, at~~
~~https://www.commerce.senate.gov/2022/8/future-of-spectrum.~~
~~13 See opening statements of Senators Luján, Wicker, and Thune. “Senate Hearing on Wireless Spectrum,” C-~~
~~SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/senate-hearing-wireless-spectrum. This link~~
~~allows for full text searching of the video, as well as filtering by speaker.~~
14December 23, 2022 On December 16, 2022, President Biden signed the Further Continuing Appropriations and Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 of the law amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from December 16, 2022, to December 23, 2022. What Happens If the FCC’s Spectrum Auction Authority Lapses? If Congress does not reach agreement to extend the FCC’s spectrum auction authority by December 23, 2022, the FCC will no longer be able to auction spectrum licenses, potentially creating uncertainty for the FCC and industry on future spectrum availability. Additionally, the 117th Congress will end on January 3, 2023. Thus, any legislation previously introduced in the 117th (e.g., H.R. 7624), would need to be reintroduced in the 118th Congress to be considered. 15 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/ “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements of Meredith Atwell Baker, President and chief executive senate-hearing-wireless-spectrum. (See opening statements of Meredith Atwell Baker, President and chief executive
officer of CTIA, a wireless industry organization (00:23:58)). officer of CTIA, a wireless industry organization (00:23:58)).
1516 Ibid. (See statement of Christopher Lewis, President, Public Knowledge (00:21:49)). Congressional Research Service 6 FCC Spectrum Auction Authority: Background and Proposals for Extension ~~Ibid. (See statement of Christopher Lewis, President, Public Knowledge (00:21:49)).~~
~~16 Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks via FCC Stopgap, but Stumbling Blocks~~
~~Remain,” Communications Daily, October 3, 2022, https://communicationsdaily.com/article/view?search_id=598344&~~
~~p=1&id=1377718&BC=bc_633f1107cf33d.~~
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~~FCC Spectrum Auction Authority: Background and Proposals for Extension~~

~~What Happens If the FCC’s Spectrum Auction Authority Lapses?~~
~~If Congress does not reach agreement to extend the FCC’s spectrum auction authority by~~
~~December 16, 2022, the FCC will no longer be able to auction spectrum licenses, potentially~~
~~creating uncertainty for the FCC and industry on future spectrum availability.~~
~~Additionally, the 117th Congress will end on January 3, 2023. Thus, any legislation previously~~
~~introduced in the 117th (e.g., H.R. 7624), would need to be reintroduced in the 118th Congress to~~
~~be considered.~~
Options for Congress
There are four key elements to the proposals under consideration to extend the FCC’s spectrum There are four key elements to the proposals under consideration to extend the FCC’s spectrum
auction authority: auction authority:
 the duration of the extension (short-term versus long-term),  the duration of the extension (short-term versus long-term),
 whether and how to codify interagency coordination between the FCC and NTIA,  whether and how to codify interagency coordination between the FCC and NTIA,
 selection of the specific bands of spectrum to include in the future spectrum  selection of the specific bands of spectrum to include in the future spectrum
pipeline, and pipeline, and
 funding priorities for auction revenues.  funding priorities for auction revenues.
Discussion
Some Members assert that a long-term extension of the FCC’s spectrum auction authority must Some Members assert that a long-term extension of the FCC’s spectrum auction authority must
be integral to any comprehensive spectrum legislation, similar to that which was included in P.L. be integral to any comprehensive spectrum legislation, similar to that which was included in P.L.
112-96, Title VI.17 That legislation included provisions addressing spectrum auction revenue 112-96, Title VI.17 That legislation included provisions addressing spectrum auction revenue
allocation, a spectrum pipeline, and an extension of FCC spectrum auction authority. Those allocation, a spectrum pipeline, and an extension of FCC spectrum auction authority. Those
Members contend that a spectrum pipeline and spectrum authority gives both agencies and Members contend that a spectrum pipeline and spectrum authority gives both agencies and
industry planning certainty.18 industry planning certainty.18
The Senate may consider H.R. 7624, which the House passed on July 28, 2022. The bill would The Senate may consider H.R. 7624, which the House passed on July 28, 2022. The bill would
extend the FCC’s spectrum auction authority through March 31, 2024, authorize the auction of extend the FCC’s spectrum auction authority through March 31, 2024, authorize the auction of
the 3.1-3.45 GHz segment of spectrum, designate $3.08 billion in spectrum auction revenues to the 3.1-3.45 GHz segment of spectrum, designate $3.08 billion in spectrum auction revenues to
supplement the Secure and Trusted Communications Networks Reimbursement Program, and supplement the Secure and Trusted Communications Networks Reimbursement Program, and
provide $10 billion to improve 911 systems and services. The House requested concurrence from provide $10 billion to improve 911 systems and services. The House requested concurrence from
the Senate on July 28, 2022; the Senate referred it to the Senate Committee on Commerce, the Senate on July 28, 2022; the Senate referred it to the Senate Committee on Commerce,
Science, and Transportation. Science, and Transportation.
The Chair of the Senate Committee on Commerce, Science and Transportation, Senator Maria The Chair of the Senate Committee on Commerce, Science and Transportation, Senator Maria
Cantwell, opposed the 18-month extension in H.R. 7624, and expressed interest in developing a Cantwell, opposed the 18-month extension in H.R. 7624, and expressed interest in developing a
spectrum package that includes a long-term extension, addresses interagency coordination on spectrum package that includes a long-term extension, addresses interagency coordination on
spectrum, and includes Senate Commerce Committee input on policy and funding priorities.19 spectrum, and includes Senate Commerce Committee input on policy and funding priorities.19

Senator Cantwell has also stressed the need for an assessment of spectrum needs to aid long-term 17 Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks via FCC Stopgap, but Stumbling Blocks 17 Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks via FCC Stopgap, but Stumbling Blocks
Remain,” Communications Daily, October 3, 2022, Congress Extends Spectrum Bill Talks Via FCC Stopgap, but Remain,” Communications Daily, October 3, 2022, Congress Extends Spectrum Bill Talks Via FCC Stopgap, but
Stumbling Blocks Remain (communicationsdaily.com). Stumbling Blocks Remain (communicationsdaily.com).
18 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/ 18 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements. (See statement of Senator John Thune (0:14:38)). senate-hearing-wireless-spectrum. (See opening statements. (See statement of Senator John Thune (0:14:38)).
19 Jimm Phillips and Howard Buskirk, “Dueling House, Senate Spectrum Bill Approaches to Clash Before August 19 Jimm Phillips and Howard Buskirk, “Dueling House, Senate Spectrum Bill Approaches to Clash Before August
Recess,” Recess,” Communications Daily, July 19, 2022, at https://communicationsdaily.com/article/view?search_id=595110&, July 19, 2022, at https://communicationsdaily.com/article/view?search_id=595110&
p=1&id=1310457&BC=bc_633421f8b5575. p=1&id=1310457&BC=bc_633421f8b5575.
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FCC Spectrum Auction Authority: Background and Proposals for Extension

~~Senator Cantwell has also stressed the need for an assessment of spectrum needs to aid long-term~~
planning,20 interagency coordination,21 and consensus on funding initiatives.22 In the past, Senator planning,20 interagency coordination,21 and consensus on funding initiatives.22 In the past, Senator
Cantwell has supported using spectrum auction revenues for rural broadband and 911 Cantwell has supported using spectrum auction revenues for rural broadband and 911
improvements.23 Senator Luján, Chair of the Subcommittee on Communications, Media, and improvements.23 Senator Luján, Chair of the Subcommittee on Communications, Media, and
Broadband, also favors a longer-term extension of FCC spectrum auction authority, and a Broadband, also favors a longer-term extension of FCC spectrum auction authority, and a
spectrum package that includes development of a spectrum pipeline, enhanced interagency spectrum package that includes development of a spectrum pipeline, enhanced interagency
coordination on spectrum planning, and funding for 911 improvements and projects to close the coordination on spectrum planning, and funding for 911 improvements and projects to close the
digital divide.24 digital divide.24
Other Members favor decoupling the extension of FCC’s spectrum auction authority from other Other Members favor decoupling the extension of FCC’s spectrum auction authority from other
measures being considered for comprehensive spectrum legislation. Senator Roger Wicker, measures being considered for comprehensive spectrum legislation. Senator Roger Wicker,
ranking member of the committee, expressed support for a short-term spectrum auction ranking member of the committee, expressed support for a short-term spectrum auction
authorization to ensure the FCC’s spectrum auction authority does not lapse, but also for more authorization to ensure the FCC’s spectrum auction authority does not lapse, but also for more
comprehensive legislation in the future that would include a spectrum pipeline, timelines for comprehensive legislation in the future that would include a spectrum pipeline, timelines for
auction, and provisions to improve interagency coordination.25 In the past, Senator Wicker has auction, and provisions to improve interagency coordination.25 In the past, Senator Wicker has
supported proposals to use spectrum auction revenues to fund shortfalls in the Secure and Trusted supported proposals to use spectrum auction revenues to fund shortfalls in the Secure and Trusted
Communications Network Reimbursement Program.26 Senator John Thune, ranking member of Communications Network Reimbursement Program.26 Senator John Thune, ranking member of
the subcommittee, supports a short-term authorization, with continued work on a larger spectrum the subcommittee, supports a short-term authorization, with continued work on a larger spectrum
package that includes a spectrum pipeline plan, interagency coordination, and funding for the package that includes a spectrum pipeline plan, interagency coordination, and funding for the
Secure and Trusted Communications Network Reimbursement Program.27 Secure and Trusted Communications Network Reimbursement Program.27
Many Members support comprehensive spectrum legislation, with differences focused on the Many Members support comprehensive spectrum legislation, with differences focused on the
details of the package (e.g., spectrum pipeline, spectrum auction revenues) and the duration of a details of the package (e.g., spectrum pipeline, spectrum auction revenues) and the duration of a
FCC spectrum auction authority extension. If Congress cannot come to an agreement on a FCC spectrum auction authority extension. If Congress cannot come to an agreement on a
broader package or pass a stand-alone spectrum auction authority extension before December broader package or pass a stand-alone spectrum auction authority extension before December 1623, ,
2022, the FCC will be unable to auction spectrum. 2022, the FCC will be unable to auction spectrum.

20 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/20 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See statements of Senators Maria Cantwell (01:42:32)). senate-hearing-wireless-spectrum. (See statements of Senators Maria Cantwell (01:42:32)).
21 Senator Maria Cantwell, “Cantwell Demands Stringent Protections for Weather Data, Limits on Spectrum Use,” 21 Senator Maria Cantwell, “Cantwell Demands Stringent Protections for Weather Data, Limits on Spectrum Use,”
press released, December 5, 2019, https://www.commerce.senate.gov/2019/12/cantwell-demands-stringent-protections-press released, December 5, 2019, https://www.commerce.senate.gov/2019/12/cantwell-demands-stringent-protections-
for-weather-data-limits-on-spectrum-use; see also Letter from Senator Maria Cantwell to FCC Chairman Ajit Pai on the for-weather-data-limits-on-spectrum-use; see also Letter from Senator Maria Cantwell to FCC Chairman Ajit Pai on the
5.9 GHz band, November 17, 2020, and Letter from multiple U.S. Senators (including Senator Cantwell) to FCC 5.9 GHz band, November 17, 2020, and Letter from multiple U.S. Senators (including Senator Cantwell) to FCC
Chairman Pai on the FCC Order granting Ligado Networks authority to deploy a terrestrial network, May 15, 2020, at Chairman Pai on the FCC Order granting Ligado Networks authority to deploy a terrestrial network, May 15, 2020, at
https://www.fcc.gov/chairman-letters-congress. https://www.fcc.gov/chairman-letters-congress.
22 Jimm Phillips and Howard Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-month FCC Auction Law 22 Jimm Phillips and Howard Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-month FCC Auction Law
Extension,” Extension,” Communications Daily, June 29, 2022, at https://communicationsdaily.com/news/2022/06/29/Spectrum-, June 29, 2022, at https://communicationsdaily.com/news/2022/06/29/Spectrum-
Bill-Talks-Continue-Cantwell-Balks-at-18Month-FCC-Auction-Law-Extension-2206280070. (Discusses Senator Bill-Talks-Continue-Cantwell-Balks-at-18Month-FCC-Auction-Law-Extension-2206280070. (Discusses Senator
Cantwell stating that she would like Senate Commerce to weigh in on House legislation, “instead of automatically Cantwell stating that she would like Senate Commerce to weigh in on House legislation, “instead of automatically
backing the House proposalsbacking the House proposals.”) ~~”).~~
23 See, for example, S. 2956; see also Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks Via 23 See, for example, S. 2956; see also Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks Via
FCC Stopgap, but Stumbling Blocks Remain,” FCC Stopgap, but Stumbling Blocks Remain,” Communications Daily, October 3, 2022, , October 3, 2022,
https://communicationsdaily.com/article/view?search_id=596822&id=1377718https://communicationsdaily.com/article/view?search_id=596822&id=1377718. (Discussing Senator Cantwell’s interest (Discussing Senator Cantwell’s interest
in using spectrum auction revenue for middle-mile deployments along municipal rights-of-way, to expand broadband in using spectrum auction revenue for middle-mile deployments along municipal rights-of-way, to expand broadband
access, as proposed in S. 4763.) access, as proposed in S. 4763.)
24 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/ 24 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See statement of Senator Ben Ray Lujan (02:10:07)senate-hearing-wireless-spectrum. (See statement of Senator Ben Ray Lujan (02:10:07))..)
25 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/ 25 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker (00:07:27)senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker (00:07:27))..)
26 Letter from 34 U.S. Senators, to Senator Schumer and Senator McConnell, September 8, 2022, at 26 Letter from 34 U.S. Senators, to Senator Schumer and Senator McConnell, September 8, 2022, at
https://www.hickenlooper.senate.gov/wp-content/uploads/2022/09/Secure-Networks-Act-Reimbursement-Program-https://www.hickenlooper.senate.gov/wp-content/uploads/2022/09/Secure-Networks-Act-Reimbursement-Program-
Shortfall-Signed.pdf. Shortfall-Signed.pdf.
27 Ibid. (See statement of Senator John Thune (0:12:54), Senator Luján (00:40:39) 27 Ibid. (See statement of Senator John Thune (0:12:54), Senator Luján (00:40:39))..)
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link to page 12 link to page 12 FCC Spectrum Auction Authority: Background and Proposals for Extension

Table 1 presents five policy options for Congress to extend the FCC’s spectrum auction authority, presents five policy options for Congress to extend the FCC’s spectrum auction authority,
including possible benefits and challenges of each. including possible benefits and challenges of each.
Table 1. FCC Spectrum Authority: Congressional Options
Option for Congress
Possible Benefit
Possible Challenge
Approve language in a Approve language in a
May extend the FCC spectrum auction May extend the FCC spectrum auction
Delays decision-making on many issues Delays decision-making on many issues
potential subsequent CR potential subsequent CR
authority while Members negotiate a authority while Members negotiate a
that could interfere with spectrum that could interfere with spectrum
extending FCC auction extending FCC auction
broader spectrum package. broader spectrum package.
planning. planning.
authority for the term of authority for the term of
the CR. the CR.
Approve stand-alone bil Approve stand-alone bil
FCC spectrum auction authority would FCC spectrum auction authority would
Many Members have expressed interest Many Members have expressed interest
to extend FCC auction to extend FCC auction
not lapse. not lapse.
in a comprehensive package (e.g., long- in a comprehensive package (e.g., long-
authority, such as H.R. authority, such as H.R.
term spectrum authority, pipeline, term spectrum authority, pipeline,
7783. 7783.
spectrum planning, coordination, spectrum planning, coordination,

programs) similar to the provisions in programs) similar to the provisions in
P.L. 112-96, and may not support the P.L. 112-96, and may not support the
stand-alone bil . stand-alone bil .
Reach agreement on H.R. Reach agreement on H.R.
H.R. 7624 is a comprehensive spectrum H.R. 7624 is a comprehensive spectrum
~~May~~H.R. 7624 may not include Senate not include Senate ~~priorities, and~~
7624 through 7624 through
package package.
~~negotiations to accommodate~~
~~concurrence or~~
~~amendments could stretch beyond the~~
~~negotiation.~~
~~date that the FCC’s spectrum auction~~
~~While House leadership~~
~~authority expires.~~
~~has urged Senate~~
~~concurrence on the bil ,~~
~~Senate lawmakers have~~
~~expressed interest in~~
~~negotiating certain~~
~~elements.~~
~~Grant the FCC~~
~~Would give the FCC and industry~~
~~No opportunity to maintain oversight of~~
that includes the identification priorities, and negotiations to concurrence or of specific spectrum bands for auction, accommodate amendments (similar to negotiation. spending proposals, and extension of those in P.L. 112-96) could stretch While House leadership FCC authorities through March 2024. beyond the date that the FCC’s has urged Senate Many Members have expressed interest spectrum auction authority expires. concurrence on the bil , in a comprehensive package similar to Senate lawmakers have that proposed in H.R. 7624 and P.L. 112- expressed interest in 96, with differences focused on the negotiating certain details of the package. elements. Grant the FCC long-term Would give the FCC and industry Long-term or permanent authorities may or permanent auction certainty in knowing the FCC has long- reduce deadline-driven opportunities to~~permanent auction~~
~~certainty in knowing the FCC has~~
~~FCC spectrum auction activity.~~
authority in legislation. authority in legislation.
term or permanent auction authority. It permanent auction authority. It ~~may also~~ for Congress to maintain oversight of
The FCC, Public The FCC, Public
may also enable long-term planning at enable long-term planning at ~~the FCC,~~
FCC spectrum auction activity. Knowledge, and Knowledge, and ~~others~~
some the FCC, and help to ensure the auction and help to ensure the auction ~~process~~
~~have expressed support~~
Members have expressed process is serving the public interest. is serving the public interest.
support for congressional for congressional
initiatives giving the FCC initiatives giving the FCC
long-term or permanent spectrum permanent spectrum
auction authority. auction authority.
Extend FCC auction Extend FCC auction
Provides continuity for a finite period of Provides continuity for a finite period of
Auction authority Auction authority ~~lapse on September~~lapses on December
authority in the agency’s authority in the agency’s
time to time to ~~continue the 2.5 GHz spectrum~~
30allow the FCC authority to 23, 2022. Since Congress has not yet , 2022. Since Congress has not yet
FY2023 appropriations. FY2023 appropriations.
~~auction.~~continue its work on auctions (e.g., 2.5
agreed on appropriations, FCC spectrum agreed on appropriations, FCC spectrum
GHz licensing). auction authority would remain auction authority would remain
unauthorized until such appropriations unauthorized until such appropriations
had been made. had been made.
Source: CRS. CRS.

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FCC Spectrum Auction Authority: Background and Proposals for Extension

Author Information

Jill C. Gallagher Jill C. Gallagher
Patricia Moloney Figliola Patricia Moloney Figliola
Analyst Telecommunications Policy Analyst Telecommunications Policy
Specialist in Internet and Telecommunications Specialist in Internet and Telecommunications

Policy Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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