The Federal Communications Commission’s Spectrum Auction Authority: History and Options for Reinstatement
Changes from May 24, 2023 to July 21, 2023
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The Federal Communications Commission’s
May 24July 21, 2023 , 2023
Spectrum Auction Authority: History and
Patricia Moloney Figliola
Options for Reinstatement
Specialist in Internet and Specialist in Internet and
Telecommunications Telecommunications
Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services, Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services,
Policy Policy
such as radio broadcasting, mobile communications, and satellite services. It is a finite and such as radio broadcasting, mobile communications, and satellite services. It is a finite and
valuable resource. In 1934, Congress created the Federal Communications Commission (FCC), valuable resource. In 1934, Congress created the Federal Communications Commission (FCC),
Jill C. Gallagher
an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to
Analyst in Analyst in
nonfederal entities to use specific frequencies and sets terms and conditions to serve the public nonfederal entities to use specific frequencies and sets terms and conditions to serve the public
Telecommunications Telecommunications
interest, avoid interference among users, and promote the most efficient use of spectrum. interest, avoid interference among users, and promote the most efficient use of spectrum.
Policy Policy
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 general for rights to use specific frequencies for commercial wireless communications. That general
auction authority was originally due to expire on September 30, 1998, but Congress has extended auction authority 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 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 September 30, 2022. Four additional extensions were made during the 117th 2012 (P.L. 112-96), was set to expire on September 30, 2022. Four additional extensions were made during the 117th
Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum
auction authority expired. It has not been reinstated. auction authority expired. It has not been reinstated.
Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use. Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use.
During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would
have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both. have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both.
None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum
auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority
or its auction authority for specific bands. or its auction authority for specific bands.
In the In the118th Congress, Senator Mike Rounds and Representative Cathy McMorris Rodgers introduced stand-alone legislation
(S. 650 and H.R. 1108 respectively), to reinstate the FCC’s spectrum auction authority for short-term, finite periods. S. 650
would reinstate the auction authority through September 30, 2023, while H.R. 1108 would have reinstated it through May 19,
2023. The House passed H.R. 1108 on February 27, 2023. On May 22, 2023, Representative McMorris Rodgers, Chair of the
House Committee on Energy and Commerce, introduced comprehensive spectrum legislation (H.R. 3565) that included,
among multiple spectrum provisions, one thatHouse of Representatives, Representative Cathy McMorris Rodgers, Chairwoman of the House Committee on Energy and Commerce, has introduced three bills to reinstate the FCC’s spectrum auction authority: H.R. 1108, introduced on February 21, 2023, would have reinstated the FCC’s auction authority through May 19, 2023(passed by the House on February 27, 2023); H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s auction authority through June 30, 2023; and H.R. 3565, introduced on May 22, 2023, would, among other spectrum provisions, reinstate the FCC’s spectrum auction authority through September 30, 2026. In the Senate, Senator Mike Rounds has introduced one bill to reinstate the FCC’s spectrum auction authority: S. 650, introduced on March 2, 2023, would reinstate the FCC’s auction authority through September 30, would reinstate the FCC’s auction authority through September 30, 20262023. .
Members are currently debating the duration of a possible reinstatement of the FCC’s spectrum auction authority and the best Members are currently debating the duration of a possible reinstatement of the FCC’s spectrum auction authority and the best
legislative vehicle for it. Possible options includelegislative vehicle for it. Possible options include:
• passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction • passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction authority; authority;
• passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction • passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction
authority; authority;
• passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of • passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of the FCC’s the FCC’s
auction authority; auction authority;
• passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long- • passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long-term
term reinstatement of the FCC’s auction authority; reinstatement of the FCC’s auction authority;
• reinstating the auction authority in FY2023 appropriations legislation; or • reinstating the auction authority in FY2023 appropriations legislation; or
• passing legislation that identifies specific bands and grants the FCC authority to auction those bands only. • passing legislation that identifies specific bands and grants the FCC authority to auction those bands only.
Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity
to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional
spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum
Congressional Research Service The FCC's Spectrum Auction Authority: History and Options for Reinstatement management—in addition to a mid- or long-term extension of the FCC auction authority. Congress may pass stand-alone or management—in addition to a mid- or long-term extension of the FCC auction authority. Congress may pass stand-alone or
comprehensive legislation. Each option comes with its own policy benefits and challenges, which are discussed in this report. comprehensive legislation. Each option comes with its own policy benefits and challenges, which are discussed in this report.
Congressional Research Service Congressional Research Service
link to page link to page45 link to page 5 link to page link to page 5 link to page 67 link to page link to page 67 link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page 11 link to page 11 link to page 11 link to page 13 link to page 8 link to page 11 link to page 14 11 link to page 11 link to page 11 link to page 13 link to page 8 link to page 11 link to page 14 The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Contents
Introduction ..................................................................................................................................... 1
History of the FCC’s Spectrum Auction Authority .........................................................................21
Temporary Extensions of the FCC’s Spectrum Auction Authority in the 117th
Congress ................................................................................................................................. 3
Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority .......................65
Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783) .........................65
Spectrum Innovation Act of 2022 (H.R. 7624) .........................................................................65
Spectrum Innovation Act of 2022 (S. 4117) ..............................................................................7
Senate Amendment 6585 (S.Amdt. 6585) ................................................................................. 76
What Happened When the FCC’s Spectrum Auction Authority Lapsed? .......................................76
Proposals in the 118th Congress to Extend or Reinstate the FCC’s Spectrum Auction
Authority ......................................................................................................................................87
Options for Congress .......................................................................................................................87
Discussion ................................................................................................................................. 9 10
Figures
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes .......................................54
Tables
Table 1. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority ....................87
Contacts
Author Information ......................................................................................................................... 11 10
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
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, satellite services, and land mobile services, such as radio broadcasting, mobile communications, satellite services, and land mobile
radio communications. In 1934, Congress created the Federal Communications Commission radio communications. In 1934, Congress created the Federal Communications Commission
(FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants (FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants
licenses to nonfederal entities to use specific frequencies within those bands and sets terms and licenses to nonfederal entities to use specific frequencies within those bands and sets terms and
conditions to serve the public interest, avoid interference among users, and promote the most conditions to serve the public interest, avoid interference among users, and promote the most
efficient use of spectrum. According to the FCC, “Managing the airwaves is arguably the efficient use of spectrum. According to the FCC, “Managing the airwaves is arguably the
agency’s most important function. Nearly every commercial device that transmits a wireless agency’s most important function. Nearly every commercial device that transmits a wireless
signal on a radio frequency, from AM radios to satellites to 5G cell phones, must comply with our signal on a radio frequency, from AM radios to satellites to 5G cell phones, must comply with our
rules, from licensing to interference.”1 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).
Four additional extensions were made during the 117th Congress, which extended the FCC’s Four additional extensions were made during the 117th Congress, which extended the FCC’s
spectrum auction authority to March 9, 2023. spectrum auction authority to March 9, 2023.
During the 117th Congress, several pieces of legislation would have extended the FCC’s spectrum During the 117th Congress, several pieces of legislation would have extended the FCC’s spectrum
auction authority, either as stand-alone legislation or as part of comprehensive spectrum auction authority, either as stand-alone legislation or as part of comprehensive spectrum
legislationlegislation:
• The Spectrum Innovation Act of 2022 (S. 4117), a comprehensive spectrum bill
introduced on April 28, 2022, would have auctioned the 3.1-3.45 gigahertz (GHz) band of
spectrum, as well as extended the FCC’s auction authority for only this band for seven
years from the enactment of the bill.
• The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), a
stand-alone bill introduced on May 16, 2022, would have extended FCC auction authority
through March 31, 2024.
• The Spectrum Innovation Act of 2022 (H.R. 7624), a comprehensive spectrum package
that would have extended FCC auction authority through March 31, 2024, was passed by
the House on July 27, 2022. Among its other provisions, the bill would have required the
auction of the 3.1-3.45 GHz band. It would have also allocated auction revenues to deficit
reduction and to fund 911 improvements and the Secure and Trusted Communications
Networks Reimbursement Program—a program that pays small telecommunication
providers to “rip and replace” equipment from their networks that poses risks to national
security.2
• Senate Amendment 6585 (S.Amdt. 6585), a comprehensive spectrum package introduced
on December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated
1 FCC Podcast, More Than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from
‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, https://www.fcc.gov/news-events/podcast/going-once-
going-infinitely.
2 For more information on the program, see CRS Insight IN11663, Secure and Trusted Communications Networks
Reimbursement Program: Frequently Asked Questions, by Jill C. Gallagher.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Appropriations Act, 2023 (P.L. 117-328), would have authorized the auction of the 3.1-
3.45 GHz band, set aside auction revenue for deficit reduction and several public interest
programs, identified several spectrum bands for future study and auction, included
provisions to improve the spectrum reallocation process, invested in spectrum research,
and extended the FCC’s auction authority through December 31, 2025.
While there was widespread support for an extension, Members could not agree on all terms,
thus, none of the bills or the amendment passed.
. These bills are discussed below in “Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority.” With the FCC’s spectrum auction authority having expired on March 9, 2023, Members are With the FCC’s spectrum auction authority having expired on March 9, 2023, Members are
debating the duration of any new auction authority and the best legislative vehicle for it. debating the duration of any new auction authority and the best legislative vehicle for it.Current
legislation includes:
• H.R. 1108, introduced by Representative Cathy McMorris Rodgers on February 21, 2023,
would have reinstated the FCC’s auction authority through May 19, 2023. The bill passed
the House on February 27, 2023.
• S. 650, introduced by Senator Mike Rounds on March 2, 2023, would reinstate the FCC’s
auction authority through September 30, 2023.
• H.R. 3565, introduced by Representative Cathy McMorris Rodgers on May 22, 2023,
would, among other spectrum provisions, reinstate the FCC’s spectrum auction authority
through September 30, 2026.
Although Although Members have expressed support for reinstating the authority, they have not reached a Members have expressed support for reinstating the authority, they have not reached a
consensus over the period of the reinstatement.consensus over the period of the reinstatement.32 The 118th Congress may consider several types of The 118th Congress may consider several types of
legislative vehicles to reinstate the FCC’s spectrum auction authority, including a stand-alone bill; legislative vehicles to reinstate the FCC’s spectrum auction authority, including a stand-alone bill;
a comprehensive spectrum package that would include, among other things, an extension of a comprehensive spectrum package that would include, among other things, an extension of
FCC’s auction authority; or an annual appropriations bill. FCC’s auction authority; or an annual appropriations bill.
This report provides a brief history of the FCC’s spectrum auction authority, a summary of the This report provides a brief history of the FCC’s spectrum auction authority, a summary of the
legislative activity in the 117th Congress, new proposals to extend the FCC’s authority introduced legislative activity in the 117th Congress, new proposals to extend the FCC’s authority introduced
in the 118th Congress, and a discussion of options to reinstate the FCC’s authority in the 118th in the 118th Congress, and a discussion of options to reinstate the FCC’s authority in the 118th
Congress. Congress.
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, §1242), granting the FCC authority to assign licenses to Reconciliation Act of 1981 (P.L. 97-35, §1242), granting the FCC authority to assign licenses to
1 FCC Podcast, More Than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from ‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, https://www.fcc.gov/news-events/podcast/going-once-going-infinitely. 2 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com. Congressional Research Service 1 The FCC's Spectrum Auction Authority: History and Options for Reinstatement prequalified applicants by random selection (i.e., lottery).3prequalified applicants by random selection (i.e., lottery).4 Under this system, applicants would Under this system, applicants would
apply for spectrum licenses and the FCC would randomly assign frequencies to them. However, 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 prequalification process itself often took as stated by the FCC in a 1997 report to Congress, the prequalification process itself often took
many months (20 months in one case), and some license winners had “no intention of providing 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 profits.”service to the public” and instead “were eager to trade their license rights for windfall profits.”54
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 Section 309(j) to the Communications Act of 1934 in the Omnibus Budget Congress added Section 309(j) to the Communications Act of 1934 in the Omnibus Budget
3 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority
Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com.
4 See Communications Act of 1934, as amended, at https://transition.fcc.gov/Reports/1934new.pdf. Codified at 47
U.S.C. §309(i).
5 Federal Communications Commission, Report to Congress on Spectrum Auctions, FCC 97-353, adopted September
30, 1997, released October 9, 1997, p. 7, at https://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf.
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Reconciliation Act of 1993 (P.L. 103-66, §6002), which allowed the FCC to use competitive Reconciliation Act of 1993 (P.L. 103-66, §6002), which allowed the FCC to use competitive
bidding (i.e., auctions) to grant spectrum licenses. The act required the FCC to protect the public bidding (i.e., auctions) to grant spectrum licenses. 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.65 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, provide services to consumers in all areas, and enhance ready and able to use the spectrum, provide services to consumers in all areas, and enhance
competition. Under this act, the FCC’s auction authority expired on September 30, 1998. competition. Under this act, the FCC’s auction authority expired on September 30, 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 portion of the proceeds for digital television transition and public safety communications, and
created the Digital Television Transition and Public Safety Fund.created the Digital Television Transition and Public Safety Fund.76
The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended the FCC’s The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended the FCC’s
auction authority for one year, through September 30, 2012, to manage the auctions mandated auction authority for one year, through September 30, 2012, to manage the auctions mandated
under P.L. 109-171. under P.L. 109-171.
The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, Title VI) included 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 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 (Title X in the Bipartisan Budget Act of 2015, P.L. 114-74)
requires the FCC to auction certain spectrum as specified in Section 1004(a) of the act.8 The act
extended FCC auction authority for only this designated spectrum through September 30, 2025.
Temporary Extensions of the FCC’s Spectrum Auction Authority in
the 117th Congress
On
3 See Communications Act of 1934, as amended, at https://transition.fcc.gov/Reports/1934new.pdf. Codified at 47 U.S.C. §309(i).
4 Federal Communications Commission, Report to Congress on Spectrum Auctions, FCC 97-353, adopted September 30, September 30, 2022, President Biden signed the Continuing Appropriations and Ukraine
Supplemental Appropriations Act, 2023 (P.L. 117-180). Division C, Title I, Section 101 extended
the FCC’s spectrum auction authority from September 30, 2022, to December 16, 2022.
61997, released October 9, 1997, p. 7, at https://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf.
5 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.
76 For more information, see CRS Report R40674, For more information, see CRS Report R40674, Spectrum Policy in the Age of Broadband: Issues for Congress, by , by
Linda K. Moore. For further inquiries, congressional staff may contact Jill C. Gallagher or Patricia Moloney Figliola. Linda K. Moore. For further inquiries, congressional staff may contact Jill C. Gallagher or Patricia Moloney Figliola.
8 A “spectrum pipeline plan” refers to the federal government selecting frequencies for auction and setting the timeline
for conducting these auctions.
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Congressional Research Service 2 link to page 8 The FCC's Spectrum Auction Authority: History and Options for Reinstatement The Spectrum Pipeline Act of 2015 (Title X in the Bipartisan Budget Act of 2015, P.L. 114-74) requires the FCC to auction certain spectrum as specified in Section 1004(a) of the act.7 The act extended FCC auction authority for only this designated spectrum through September 30, 2025. Temporary Extensions of the FCC’s Spectrum Auction Authority in the 117th Congress On September 30, 2022, President Biden signed the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 (P.L. 117-180). Division C, Title I, Section 101 extended the FCC’s spectrum auction authority from September 30, 2022, to December 16, 2022. On December 16, 2022, President Biden signed the Further Continuing Appropriations and 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 extended the FCC’s Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 16, 2022, to December 23, 2022. spectrum auction authority from December 16, 2022, to December 23, 2022.
On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations
and Extensions Act, 2023 (P.L. 117-264). Division B, Title I, Section 101 extended the FCC’s and Extensions Act, 2023 (P.L. 117-264). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 23, 2022, to December 30, 2022. spectrum auction authority from December 23, 2022, to December 30, 2022.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (P.L. On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (P.L.
117-328). Division O, Title IX, Section 901 extended the FCC’s spectrum auction authority from 117-328). Division O, Title IX, Section 901 extended the FCC’s spectrum auction authority from
December 30, 2022, to March 9, 2023. December 30, 2022, to March 9, 2023.
Since no further extension legislation was signed into law by the March 9, 2023, deadline, the Since no further extension legislation was signed into law by the March 9, 2023, deadline, the
FCC’s spectrum auction authority lapsed on that date. FCC’s spectrum auction authority lapsed on that date.
Figure 1 illustrates the timeline of changes to the FCC’s spectrum auction authority from the illustrates the timeline of changes to the FCC’s spectrum auction authority from the
establishment of the FCC’s authority to grant licenses in 1981 through the expiration of its establishment of the FCC’s authority to grant licenses in 1981 through the expiration of its
auction authority on March 9, 2023 (except for certain spectrum auctioned under the authority of auction authority on March 9, 2023 (except for certain spectrum auctioned under the authority of
the Spectrum Pipeline Act of 2015). the Spectrum Pipeline Act of 2015).
7 A “spectrum pipeline plan” refers to the federal government selecting frequencies for auction and setting the timeline for conducting these auctions. Congressional Research Service Congressional Research Service
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes
(1981-2023) (1981-2023)
Source: CRS. CRS.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Proposals in the 117th Congress to Extend the FCC’s
Spectrum Auction Authority
In addition to the short-term extensions described above, Members introduced three bills and one In addition to the short-term extensions described above, Members introduced three bills and one
Senate Amendment during the 117th Congress to extend either the FCC’s general auction Senate Amendment during the 117th Congress to extend either the FCC’s general auction
authority or the FCC’s authority to auction specific bands. None became law. These bills and the authority or the FCC’s authority to auction specific bands. None became law. These bills and the
amendment, however, highlight different methods for addressing the FCC’s spectrum auction amendment, however, highlight different methods for addressing the FCC’s spectrum auction
authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum
auction authority or its auction authority for specific bands. auction authority or its auction authority for specific bands.
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), a stand-alone The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), a stand-alone
bill introduced on May 16, 2022, would have extended FCC auction authority through March 31, bill introduced on May 16, 2022, would have extended FCC auction authority through March 31,
2024 (i.e., 18 months from its September 30, 2022, expiration). The House Energy and 2024 (i.e., 18 months from its September 30, 2022, expiration). The House Energy and
Commerce Committee’s Subcommittee on Communications and Technology approved the bill on Commerce Committee’s Subcommittee on Communications and Technology approved the bill on
June 15, 2022. June 15, 2022.
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 would have extended the FCC’s spectrum Commerce, Science, and Transportation. The bill would have extended the FCC’s spectrum
auction authority through March 31, 2024 (the same timeline approved by the House Energy and auction authority through March 31, 2024 (the same timeline approved by the House Energy and
Commerce Committee’s Subcommittee on Communications and Technology in H.R. 7783). Commerce Committee’s Subcommittee on Communications and Technology in H.R. 7783).
This bill would have repealed Section 90008 of the Infrastructure Investment and Jobs Act (IIJA, This bill would have repealed Section 90008 of the Infrastructure Investment and Jobs Act (IIJA,
P.L. 117-58), which provided funds from the Spectrum Relocation Fund (SRF)P.L. 117-58), which provided funds from the Spectrum Relocation Fund (SRF)98 to the to the
Department of Defense (DOD) to study the 3.1-3.45 GHz band in order to make it available for Department of Defense (DOD) to study the 3.1-3.45 GHz band in order to make it available for
shared (federal and nonfederal) use. H.R. 7624 specified a new purpose and process for shared (federal and nonfederal) use. H.R. 7624 specified a new purpose and process for
auctioning the 3.1 GHz-3.45 GHz band.auctioning the 3.1 GHz-3.45 GHz band.109 Specifically, the bill would have provided federal Specifically, the bill would have provided federal
entities operating in the band SRF funding for the purpose of research and development, entities operating in the band SRF funding for the purpose of research and development,
engineering studies, economic analyses, activities with respect to reconfiguring systems, or other engineering studies, economic analyses, activities with respect to reconfiguring systems, or other
planning activities to make spectrum available for nonfederal use, shared federal and nonfederal planning activities to make spectrum available for nonfederal use, shared federal and nonfederal
use, or a combination thereof. use, or a combination thereof.
Among other things, the bill would have established the Public Safety and Secure Networks Fund Among other things, the bill would have established the Public Safety and Secure Networks Fund
and directed a portion of spectrum auction proceeds for specific purposes. The bill would have and directed a portion of spectrum auction proceeds for specific purposes. The bill would have
provided $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted provided $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted
Communications Networks Reimbursement Program. Additionally, the bill would have made Communications Networks Reimbursement Program. Additionally, the bill would have made
available $10 billion from such revenues to improve 911 systems and services. available $10 billion from such revenues to improve 911 systems and services.
98 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. For more associated with relocating their radio communications systems or sharing the reallocated spectrum. For more
information, see NTIA, information, see NTIA, Manual of Regulations for Federal Radiofrequency Spectrum Management, “Annex O: , “Annex O:
Procedures and Guidance Related to the Spectrum Relocation Fund and Transition Activities in Support of Relocation Procedures and Guidance Related to the Spectrum Relocation Fund and Transition Activities in Support of Relocation
or Sharing by Federal Government Stations,” January 2021 edition, https://ntia.gov/publications/redbook-manual. or Sharing by Federal Government Stations,” January 2021 edition, https://ntia.gov/publications/redbook-manual.
109 CRS In Focus IF12350, CRS In Focus IF12350, Repurposing 3.1-3.55 GHz Spectrum: Issues for Congress, by Jill C. Gallagher. , by Jill C. Gallagher.
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Spectrum Innovation Act of 2022 (S. 4117)
The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would have The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would have
repealed Section 90008 of the IIJA; mandated the auction of the 3.1-3.45 GHz band for repealed Section 90008 of the IIJA; mandated the auction of the 3.1-3.45 GHz band for
nonfederal, shared federal and nonfederal use, or a combination thereof; and extended the FCC’s nonfederal, shared federal and nonfederal use, or a combination thereof; and extended the FCC’s
authority to auction this segment of spectrum for seven years from the date of enactment of the authority to auction this segment of spectrum for seven years from the date of enactment of the
bill. The bill would have directed the Office of Management and Budget to transfer SRF funding bill. The bill would have directed the Office of Management and Budget to transfer SRF funding
to federal entities operating in the 3.1-3.45 GHz band to plan and conduct studies to facilitate the to federal entities operating in the 3.1-3.45 GHz band to plan and conduct studies to facilitate the
reallocation, with oversight from the National Telecommunications and Information reallocation, with oversight from the National Telecommunications and Information
Administration (NTIA) and the Executive Office of the President. It would have required the Administration (NTIA) and the Executive Office of the President. It would have required the
Secretary of Commerce to identify 200 MHz for reallocation and to work with DOD, FCC, and Secretary of Commerce to identify 200 MHz for reallocation and to work with DOD, FCC, and
the White House Office of Science and Technology Policy to make spectrum available for new the White House Office of Science and Technology Policy to make spectrum available for new
uses, while also protecting incumbent users. The bill was referred to the Committee on uses, while also protecting incumbent users. The bill was referred to the Committee on
Commerce, Science, and Transportation. Commerce, Science, and Transportation.
Senate Amendment 6585 (S.Amdt. 6585)
) Senate Amendment 6585 (S.Amdt. 6585) was a comprehensive spectrum package introduced on Senate Amendment 6585 (S.Amdt. 6585) was a comprehensive spectrum package introduced on
December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated
Appropriations Act, 2023 (P.L. 117-328). It would have amended Section 90008 of the IIJA; Appropriations Act, 2023 (P.L. 117-328). It would have amended Section 90008 of the IIJA;
mandated the auction of the 3.1-3.45 GHz band for nonfederal use, shared federal and nonfederal mandated the auction of the 3.1-3.45 GHz band for nonfederal use, shared federal and nonfederal
use, or a combination thereof; and provided funds from the SRF to the DOD and other affected use, or a combination thereof; and provided funds from the SRF to the DOD and other affected
agencies operating in the 3.1-3.45 GHz band to study making the band available for nonfederal agencies operating in the 3.1-3.45 GHz band to study making the band available for nonfederal
use, shared federal and nonfederal use, or a combination thereof. It specified a new process for use, shared federal and nonfederal use, or a combination thereof. It specified a new process for
coordinating the identification and auction of frequencies, authorized the FCC to auction those coordinating the identification and auction of frequencies, authorized the FCC to auction those
frequencies available for auction, set aside auction revenue for deficit reduction and several frequencies available for auction, set aside auction revenue for deficit reduction and several
public interest programs, identified several spectrum bands for future study and auction, invested public interest programs, identified several spectrum bands for future study and auction, invested
in spectrum research, and extended the FCC’s auction authority through December 31, 2025. The in spectrum research, and extended the FCC’s auction authority through December 31, 2025. The
bill proposed changes to the IIJA related to the reallocation of the 3.1-3.45 GHz band from bill proposed changes to the IIJA related to the reallocation of the 3.1-3.45 GHz band from
federal (e.g., DOD) to nonfederal use—including DOD’s role in identifying available frequencies, federal (e.g., DOD) to nonfederal use—including DOD’s role in identifying available frequencies,
how much of the band could be reallocated from federal to nonfederal use, and how the band how much of the band could be reallocated from federal to nonfederal use, and how the band
could be shared between federal and nonfederal users.could be shared between federal and nonfederal users.1110
What Happened When the FCC’s Spectrum Auction
Authority Lapsed?
BecauseAs Congress did not reach agreement to extend the FCC’s spectrum auction authority by Congress did not reach agreement to extend the FCC’s spectrum auction authority by
March 9, 2023, the FCC’s spectrum auction authority lapsed. The expiration of the FCC’s auction March 9, 2023, the FCC’s spectrum auction authority lapsed. The expiration of the FCC’s auction
authority has created uncertainty around the activities the FCC can perform.authority has created uncertainty around the activities the FCC can perform.1211 The FCC does not The FCC does not
have authority to auction new spectrum licenses; however, there is debate on whether the FCC have authority to auction new spectrum licenses; however, there is debate on whether the FCC
can grant licenses already won (but not yet granted) from previous auctions. The lapse also has can grant licenses already won (but not yet granted) from previous auctions. The lapse also has
created uncertainty around FCC spectrum planning activities and future spectrum availability.created uncertainty around FCC spectrum planning activities and future spectrum availability.1312
1110 Jimm Phillips, “3.1-3.45 GHz 5G Structure Deal Elusive in Spectrum Bill Talks’ Waning Days,” Jimm Phillips, “3.1-3.45 GHz 5G Structure Deal Elusive in Spectrum Bill Talks’ Waning Days,” Communications
Daily, December 16, 2022, https://communicationsdaily.com. , December 16, 2022, https://communicationsdaily.com.
1211 Howard Buskirk, “House Republican Criticizes FCC for Not Issuing T-Mobile 2.5 GHz Licenses Amid Authority Howard Buskirk, “House Republican Criticizes FCC for Not Issuing T-Mobile 2.5 GHz Licenses Amid Authority
Lapse,” Lapse,” Communications Daily, April 19, 2023, https://communicationsdaily.com. , April 19, 2023, https://communicationsdaily.com.
1312 Jimm Phillips and Howard Buskirk, “Rosenworcel, Other Biden Officials Push for US Leadership on 6G at Summit,” Jimm Phillips and Howard Buskirk, “Rosenworcel, Other Biden Officials Push for US Leadership on 6G at Summit,”
Communications Daily, April 24, 2023, https://communicationsdaily.com. , April 24, 2023, https://communicationsdaily.com.
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Proposals in the 118th Congress to Extend or
Reinstate the FCC’s Spectrum Auction Authority
With the expiration of the FCC’s spectrum auction authority on March 9, 2023, three bills in the
118th would reinstate it for a number of months:
H.R. 1108, introduced by Representative Cathy McMorris Rodgers In the House of Representatives, Representative Cathy McMorris Rodgers, Chairwoman of the House Committee on Energy and Commerce, introduced three bills to reinstate the FCC’s spectrum auction authority:
• H.R. 1108, introduced on February 21, 2023, would on February 21, 2023, would
have reinstated the FCC’s have reinstated the FCC’s auction authority through May 19, 2023auction authority through May 19, 2023, had it been enacted before the
deadline. The bill passed the House on February 27, 2023.
• S. 650, introduced by Senator Mike Rounds on March 2, 2023, would reinstate
the FCC’s auction authority through September 30, 2023.
• H.R. 3565, introduced by Representative Cathy McMorris Rodgers on May 22,
2023, would, among other spectrum provisions, reinstate the FCC’s spectrum
auction authority through September 30, 2026.13
• H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s
auction authority through June 30, 2023.14
• H.R. 3565, introduced on May 22, 2023, would, among other spectrum
provisions, reinstate the FCC’s spectrum auction authority through September 30, 2026.
In the Senate, Senator Mike Rounds has introduced one bill to reinstate the FCC’s spectrum auction authority:
• S. 650, introduced by on March 2, 2023, would reinstate the FCC’s auction
authority through September 30, 2023. .
Options for Congress
Although many Members have expressed support for reinstating the authority, they have not Although many Members have expressed support for reinstating the authority, they have not
reached agreement on the period of the reinstatement.reached agreement on the period of the reinstatement.1415 The 118th Congress may consider several The 118th Congress may consider several
possible legislative vehicles for reinstatement, include a stand-alone bill; a comprehensive possible legislative vehicles for reinstatement, include a stand-alone bill; a comprehensive
spectrum package that would include, among other things, an extension of FCC’s auction spectrum package that would include, among other things, an extension of FCC’s auction
authority; or an annual appropriations bill. authority; or an annual appropriations bill.
Table 1 presents six policy options for Congress to extend the FCC’s spectrum auction authority, presents six 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. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority
Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to Pass a stand-alone bil to
The FCC’s spectrum auction authority The FCC’s spectrum auction authority
Some Members have expressed interest Some Members have expressed interest
provide a short-term (e.g., would be reinstated. Spectrum-related provide a short-term (e.g., would be reinstated. Spectrum-related
in comprehensive spectrum legislation in comprehensive spectrum legislation
months) reinstatement of months) reinstatement of
activities, including the granting of activities, including the granting of
rather than a short-term stand-alone bil . rather than a short-term stand-alone bil .
the FCC’s spectrum the FCC’s spectrum
licenses from previous auctions, would licenses from previous auctions, would
If passed, the reinstatement of the FCC’s If passed, the reinstatement of the FCC’s
auction authority. auction authority.
resume. resume.
auction authority would be limited to a auction authority would be limited to a
finite number of months and may not finite number of months and may not
provide public and private sector provide public and private sector
stakeholders with planning certainty. stakeholders with planning certainty.
1413 The bill passed the House on February 27, 2023. 14 The bill was forwarded to the House Committee on Energy and Commerce by its Subcommittee on Communications and Technology on May 17, 2023.
15 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority
Renewal Bid,” Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com. , May 1, 2023, https://communicationsdaily.com.
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Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to Pass a stand-alone bil to
The FCC’s spectrum auction authority The FCC’s spectrum auction authority
Some Members have expressed Some Members have expressed
provide a mid-term (e.g., provide a mid-term (e.g.,
would be reinstated. Spectrum-related would be reinstated. Spectrum-related
preference for comprehensive spectrum preference for comprehensive spectrum
one to two year) one to two year)
activities, including the granting of activities, including the granting of
legislation. If passed, it is uncertain how a legislation. If passed, it is uncertain how a
reinstatement of the reinstatement of the
licenses from previous auctions, would licenses from previous auctions, would
mid-term extension would affect the mid-term extension would affect the
FCC’s spectrum auction FCC’s spectrum auction
resume. resume.
development of comprehensive development of comprehensive
authority. authority.
Congress could use the duration of the Congress could use the duration of the
spectrum legislation, which might delay spectrum legislation, which might delay
reinstatement to develop comprehensive the identification of new spectrum bands reinstatement to develop comprehensive the identification of new spectrum bands
spectrum legislation, potentially spectrum legislation, potentially
for auction. Spectrum availability may for auction. Spectrum availability may
incorporating information from the incorporating information from the
impact industry’s ability to develop and impact industry’s ability to develop and
DOD spectrum study mandated under DOD spectrum study mandated under
deploy new wireless technologies. deploy new wireless technologies.
P.L. 117-58 to identify new spectrum P.L. 117-58 to identify new spectrum
bands for reallocation and auction. bands for reallocation and auction.
Pass a stand-alone bil to Pass a stand-alone bil to
The FCC’s spectrum auction authority The FCC’s spectrum auction authority
Long-term or permanent authorities may Long-term or permanent authorities may
provide a long-term (e.g. provide a long-term (e.g.
would be reinstated. Spectrum-related would be reinstated. Spectrum-related
reduce deadline-driven opportunities for reduce deadline-driven opportunities for
five or more years) or five or more years) or
activities, including the granting of activities, including the granting of
Congress to maintain oversight of FCC Congress to maintain oversight of FCC
permanent reinstatement permanent reinstatement
licenses from previous auctions, would licenses from previous auctions, would
spectrum auction activity and to spectrum auction activity and to
of the FCC’s auction of the FCC’s auction
resume. resume.
introduce spectrum reforms. introduce spectrum reforms.
authority authority
Congress could use the duration of the Congress could use the duration of the
If passed, it is uncertain how a long-term If passed, it is uncertain how a long-term
reinstatement to develop comprehensive extension would affect the development reinstatement to develop comprehensive extension would affect the development
spectrum legislation, spectrum legislation,potential ypotentially
of comprehensive spectrum legislation, of comprehensive spectrum legislation,
incorporating information from the incorporating information from the
which might delay the identification of which might delay the identification of
DOD spectrum study mandated under DOD spectrum study mandated under
new spectrum bands for auction. new spectrum bands for auction.
P.L. 117-58 to identify new spectrum P.L. 117-58 to identify new spectrum
Spectrum availability may impact Spectrum availability may impact
bands for reallocation and auction. bands for reallocation and auction.
industry’s ability to develop and deploy industry’s ability to develop and deploy
A long-term or permanent A long-term or permanent
new wireless technologies. new wireless technologies.
reinstatement of the FCC’s spectrum reinstatement of the FCC’s spectrum
auction authority may provide public and auction authority may provide public and
private sector stakeholders the greatest private sector stakeholders the greatest
degree of planning certainty. degree of planning certainty.
Pass comprehensive Pass comprehensive
Comprehensive spectrum legislation that Members may have a number of Comprehensive spectrum legislation that Members may have a number of
spectrum legislation that spectrum legislation that
reinstates the FCC’s spectrum auction reinstates the FCC’s spectrum auction
divergent priorities for comprehensive divergent priorities for comprehensive
includes a mid- or long- includes a mid- or long-
authority for some number of years, authority for some number of years,
spectrum legislation and negotiations spectrum legislation and negotiations
term or permanent term or permanent
identifies specific bands for auction, and identifies specific bands for auction, and
could be lengthy. Bundling reinstatement could be lengthy. Bundling reinstatement
reinstatement of the reinstatement of the
sets priorities for spending auction sets priorities for spending auction
of the FCC’s spectrum auction authority of the FCC’s spectrum auction authority
FCC’s spectrum auction FCC’s spectrum auction
revenues may provide public and private revenues may provide public and private
in comprehensive legislation may delay in comprehensive legislation may delay
authority. authority.
sector stakeholders with planning sector stakeholders with planning
reinstatement for the duration of reinstatement for the duration of
certainty and foster the development certainty and foster the development
negotiations. negotiations.
and deployment of new wireless and deployment of new wireless
technologies. technologies.
Temporarily reinstate the Temporarily reinstate the
A temporary reinstatement of the FCC A temporary reinstatement of the FCC
Waiting for an appropriations bil would Waiting for an appropriations bil would
FCC’s spectrum auction FCC’s spectrum auction
spectrum auction authority would spectrum auction authority would
leave the FCC without auction authority leave the FCC without auction authority
authority in FY2023 authority in FY2023
provide the agency a finite period of provide the agency a finite period of
for many months. for many months.
appropriations legislation. appropriations legislation.
time to continue work from previously time to continue work from previously
conducted auctions (e.g., 2.5 GHz). conducted auctions (e.g., 2.5 GHz).
Pass legislation that Pass legislation that
Identifying specific bands for auction and Identifying specific bands for auction and
Congress would assume the task of Congress would assume the task of
identifies specific bands identifies specific bands
granting the FCC authority to auction granting the FCC authority to auction
identifying spectrum for auction, shifting identifying spectrum for auction, shifting
for auction and grants the for auction and grants the
only those bands may allow Congress to only those bands may allow Congress to
this responsibility away from the FCC this responsibility away from the FCC
FCC authority to auction FCC authority to auction
play an active role in identifying play an active role in identifying
and other federal agencies. Congress and other federal agencies. Congress
those bands only. those bands only.
spectrum to be auctioned, for what spectrum to be auctioned, for what
would have to grant the FCC auction would have to grant the FCC auction
purpose, and when. purpose, and when.
authority for each identified band, which authority for each identified band, which
could add time to the spectrum could add time to the spectrum
identification and auction processes. identification and auction processes.
Source: CRS. CRS.
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Discussion
Some Members have previously favored stand-alone legislation to extend the FCC’s spectrum Some Members have previously favored stand-alone legislation to extend the FCC’s spectrum
auction authority, with a commitment to work on a comprehensive spectrum package that could auction authority, with a commitment to work on a comprehensive spectrum package that could
incorporate various congressional priorities (e.g., identification of spectrum for future auction, incorporate various congressional priorities (e.g., identification of spectrum for future auction,
interagency coordination on spectrum reallocation, funding proposals, and an extension of FCC interagency coordination on spectrum reallocation, funding proposals, and an extension of FCC
auction authorities).auction authorities).1516 These Members have generally proposed stand-alone bills with short-term These Members have generally proposed stand-alone bills with short-term
extensions (e.g., several months), to ensure the FCC’s auction authority did not lapse and to extensions (e.g., several months), to ensure the FCC’s auction authority did not lapse and to
provide Congress with time to come to agreement on a comprehensive spectrum package. provide Congress with time to come to agreement on a comprehensive spectrum package.
Some Members have proposed longer-term extensions (e.g., 18 months, 2 years) in Some Members have proposed longer-term extensions (e.g., 18 months, 2 years) in
comprehensive spectrum packages from the 117th Congress (e.g., H.R. 7624 and S.Amdt. 6585). comprehensive spectrum packages from the 117th Congress (e.g., H.R. 7624 and S.Amdt. 6585).
Both bills included elements of a comprehensive package such as interagency coordination, Both bills included elements of a comprehensive package such as interagency coordination,
allocation of revenues, investment in spectrum research, and an extension of FCC’s auction allocation of revenues, investment in spectrum research, and an extension of FCC’s auction
authority, but neither included a spectrum pipeline provision (i.e., the identification of several authority, but neither included a spectrum pipeline provision (i.e., the identification of several
specific bands for auction). Some Members supported these bills because they address a number specific bands for auction). Some Members supported these bills because they address a number
of spectrum policy issues, while providing Congress more time to identify future bands for of spectrum policy issues, while providing Congress more time to identify future bands for
inclusion in a potential spectrum pipeline.inclusion in a potential spectrum pipeline.1617 Other Members support the development of Other Members support the development of
comprehensive spectrum legislation that would identify specific spectrum bands for auction.comprehensive spectrum legislation that would identify specific spectrum bands for auction.1718
Some Members have asserted that the FCC’s spectrum auction authority gives both federal Some Members have asserted that the FCC’s spectrum auction authority gives both federal
agencies and the wireless industry planning certainty.agencies and the wireless industry planning certainty.1819 They have advocated for a long-term They have advocated for a long-term
extension of the FCC’s spectrum auction authority, similar to the long-term extension adopted in extension of the FCC’s spectrum auction authority, similar to the long-term extension adopted in
2012 (P.L. 112-96, Title V), which extended the authority for a decade.2012 (P.L. 112-96, Title V), which extended the authority for a decade.1920 They assert the 2012 They assert the 2012
approach was effective and integral to supporting innovation and economic growth in the United approach was effective and integral to supporting innovation and economic growth in the United
States.States.2021 These Members support development of comprehensive spectrum legislation that would These Members support development of comprehensive spectrum legislation that would
couple a long term reinstatement of the FCC’s spectrum auction authority with the identification couple a long term reinstatement of the FCC’s spectrum auction authority with the identification
of spectrum for future auctions, the allocation of auction revenues to public interest programs, of spectrum for future auctions, the allocation of auction revenues to public interest programs,
and the improvement of interagency spectrum coordination.and the improvement of interagency spectrum coordination.2122
1516 For example, see “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/ For example, see “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], video/?522120-1/senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:07:27],
statement of Senator John Thune [0:12:54], and statement of Senator Ben Ray Luján [00:40:39].) statement of Senator John Thune [0:12:54], and statement of Senator Ben Ray Luján [00:40:39].)
1617 Ibid. (See statement of Senator John Thune [00:14:26].) Ibid. (See statement of Senator John Thune [00:14:26].)
1718 Jimm Phillips and Howard Buskirk, “Dueling House, Senate Spectrum Bill Approaches to Clash Before August 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. See also C-SPAN, “Senate , July 19, 2022, at https://communicationsdaily.com. See also C-SPAN, “Senate
Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/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].) See Jimm Phillips and Howard hearing-wireless-spectrum. (See statements of Senators Maria Cantwell [01:42:32].) See Jimm Phillips and Howard
Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-Month FCC Auction Law Extension,” Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-Month FCC Auction Law Extension,” Communications
Daily, June 29, 2022, at https://communicationsdaily.com. (Discusses Senator Cantwell stating that she would like , June 29, 2022, at https://communicationsdaily.com. (Discusses Senator Cantwell stating that she would like
Senate Commerce to weigh in on House legislation, “instead of automatically backing the House proposals.”) Senate Commerce to weigh in on House legislation, “instead of automatically backing the House proposals.”)
1819 “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 statement of Senator John Thune [0:14:38].) senate-hearing-wireless-spectrum. (See statement of Senator John Thune [0:14:38].)
1920 Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks via FCC Stopgap, but Stumbling Blocks 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. Remain,” Communications Daily, October 3, 2022, https://communicationsdaily.com.
2021 “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 Senator Roger Wicker [00:08:05], and Senator John senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:08:05], and Senator John
Thune [00:14:26].) Thune [00:14:26].)
2122 Ibid. Ibid.
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Author Information
Patricia Moloney Figliola Patricia Moloney Figliola
Jill C. Gallagher Jill C. Gallagher
Specialist in Internet and Telecommunications Specialist in Internet and Telecommunications
Analyst in Telecommunications Policy Analyst in Telecommunications Policy
Policy Policy
Disclaimer
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Spectrum Auction Authority: History and
Patricia Moloney Figliola
Options for Reinstatement
Specialist in Internet and Specialist in Internet and
Telecommunications Telecommunications
Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services, Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services,
Policy Policy
such as radio broadcasting, mobile communications, and satellite services. It is a finite and such as radio broadcasting, mobile communications, and satellite services. It is a finite and
valuable resource. In 1934, Congress created the Federal Communications Commission (FCC), valuable resource. In 1934, Congress created the Federal Communications Commission (FCC),
Jill C. Gallagher
an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to
Analyst in Analyst in
nonfederal entities to use specific frequencies and sets terms and conditions to serve the public nonfederal entities to use specific frequencies and sets terms and conditions to serve the public
Telecommunications Telecommunications
interest, avoid interference among users, and promote the most efficient use of spectrum. interest, avoid interference among users, and promote the most efficient use of spectrum.
Policy Policy
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 general for rights to use specific frequencies for commercial wireless communications. That general
auction authority was originally due to expire on September 30, 1998, but Congress has extended auction authority 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 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 September 30, 2022. Four additional extensions were made during the 117th 2012 (P.L. 112-96), was set to expire on September 30, 2022. Four additional extensions were made during the 117th
Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum
auction authority expired. It has not been reinstated. auction authority expired. It has not been reinstated.
Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use. Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use.
During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would
have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both. have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both.
None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum
auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority
or its auction authority for specific bands. or its auction authority for specific bands.
In the In the
Members are currently debating the duration of a possible reinstatement of the FCC’s spectrum auction authority and the best Members are currently debating the duration of a possible reinstatement of the FCC’s spectrum auction authority and the best
legislative vehicle for it. Possible options includelegislative vehicle for it. Possible options include
• passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction • passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction authority; authority;
• passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction • passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction
authority; authority;
• passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of • passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of the FCC’s the FCC’s
• passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long- • passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long-
• reinstating the auction authority in FY2023 appropriations legislation; or • reinstating the auction authority in FY2023 appropriations legislation; or
• passing legislation that identifies specific bands and grants the FCC authority to auction those bands only. • passing legislation that identifies specific bands and grants the FCC authority to auction those bands only.
Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity
to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional
spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum
Congressional Research Service The FCC's Spectrum Auction Authority: History and Options for Reinstatement management—in addition to a mid- or long-term extension of the FCC auction authority. Congress may pass stand-alone or management—in addition to a mid- or long-term extension of the FCC auction authority. Congress may pass stand-alone or
comprehensive legislation. Each option comes with its own policy benefits and challenges, which are discussed in this report. comprehensive legislation. Each option comes with its own policy benefits and challenges, which are discussed in this report.
Congressional Research Service Congressional Research Service
link to page link to page
Contents
Introduction ..................................................................................................................................... 1
History of the FCC’s Spectrum Auction Authority .........................................................................
Temporary Extensions of the FCC’s Spectrum Auction Authority in the 117th
Congress ................................................................................................................................. 3
Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority .......................
Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783) .........................
Spectrum Innovation Act of 2022 (H.R. 7624) .........................................................................
Spectrum Innovation Act of 2022 (S. 4117) ..............................................................................
What Happened When the FCC’s Spectrum Auction Authority Lapsed? .......................................
Proposals in the 118th Congress to Extend or Reinstate the FCC’s Spectrum Auction
Authority ......................................................................................................................................
Options for Congress .......................................................................................................................
Discussion ................................................................................................................................. 9
Figures
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes .......................................
Tables
Table 1. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority ....................
Contacts
Author Information ........................................................................................................................
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
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, satellite services, and land mobile services, such as radio broadcasting, mobile communications, satellite services, and land mobile
radio communications. In 1934, Congress created the Federal Communications Commission radio communications. In 1934, Congress created the Federal Communications Commission
(FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants (FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants
licenses to nonfederal entities to use specific frequencies within those bands and sets terms and licenses to nonfederal entities to use specific frequencies within those bands and sets terms and
conditions to serve the public interest, avoid interference among users, and promote the most conditions to serve the public interest, avoid interference among users, and promote the most
efficient use of spectrum. According to the FCC, “Managing the airwaves is arguably the efficient use of spectrum. According to the FCC, “Managing the airwaves is arguably the
agency’s most important function. Nearly every commercial device that transmits a wireless agency’s most important function. Nearly every commercial device that transmits a wireless
signal on a radio frequency, from AM radios to satellites to 5G cell phones, must comply with our signal on a radio frequency, from AM radios to satellites to 5G cell phones, must comply with our
rules, from licensing to interference.”1 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).
Four additional extensions were made during the 117th Congress, which extended the FCC’s Four additional extensions were made during the 117th Congress, which extended the FCC’s
spectrum auction authority to March 9, 2023. spectrum auction authority to March 9, 2023.
During the 117th Congress, several pieces of legislation would have extended the FCC’s spectrum During the 117th Congress, several pieces of legislation would have extended the FCC’s spectrum
auction authority, either as stand-alone legislation or as part of comprehensive spectrum auction authority, either as stand-alone legislation or as part of comprehensive spectrum
legislationlegislation
. These bills are discussed below in “Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority.” With the FCC’s spectrum auction authority having expired on March 9, 2023, Members are With the FCC’s spectrum auction authority having expired on March 9, 2023, Members are
debating the duration of any new auction authority and the best legislative vehicle for it. debating the duration of any new auction authority and the best legislative vehicle for it.
consensus over the period of the reinstatement.consensus over the period of the reinstatement.
legislative vehicles to reinstate the FCC’s spectrum auction authority, including a stand-alone bill; legislative vehicles to reinstate the FCC’s spectrum auction authority, including a stand-alone bill;
a comprehensive spectrum package that would include, among other things, an extension of a comprehensive spectrum package that would include, among other things, an extension of
FCC’s auction authority; or an annual appropriations bill. FCC’s auction authority; or an annual appropriations bill.
This report provides a brief history of the FCC’s spectrum auction authority, a summary of the This report provides a brief history of the FCC’s spectrum auction authority, a summary of the
legislative activity in the 117th Congress, new proposals to extend the FCC’s authority introduced legislative activity in the 117th Congress, new proposals to extend the FCC’s authority introduced
in the 118th Congress, and a discussion of options to reinstate the FCC’s authority in the 118th in the 118th Congress, and a discussion of options to reinstate the FCC’s authority in the 118th
Congress. Congress.
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, §1242), granting the FCC authority to assign licenses to Reconciliation Act of 1981 (P.L. 97-35, §1242), granting the FCC authority to assign licenses to
1 FCC Podcast, More Than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from ‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, https://www.fcc.gov/news-events/podcast/going-once-going-infinitely. 2 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com. Congressional Research Service 1 The FCC's Spectrum Auction Authority: History and Options for Reinstatement prequalified applicants by random selection (i.e., lottery).3
apply for spectrum licenses and the FCC would randomly assign frequencies to them. However, 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 prequalification process itself often took as stated by the FCC in a 1997 report to Congress, the prequalification process itself often took
many months (20 months in one case), and some license winners had “no intention of providing 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 profits.”service to the public” and instead “were eager to trade their license rights for windfall profits.”
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 Section 309(j) to the Communications Act of 1934 in the Omnibus Budget Congress added Section 309(j) to the Communications Act of 1934 in the Omnibus Budget
bidding (i.e., auctions) to grant spectrum licenses. The act required the FCC to protect the public bidding (i.e., auctions) to grant spectrum licenses. 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.
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, provide services to consumers in all areas, and enhance ready and able to use the spectrum, provide services to consumers in all areas, and enhance
competition. Under this act, the FCC’s auction authority expired on September 30, 1998. competition. Under this act, the FCC’s auction authority expired on September 30, 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 portion of the proceeds for digital television transition and public safety communications, and
created the Digital Television Transition and Public Safety Fund.created the Digital Television Transition and Public Safety Fund.
The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended the FCC’s The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended the FCC’s
auction authority for one year, through September 30, 2012, to manage the auctions mandated auction authority for one year, through September 30, 2012, to manage the auctions mandated
under P.L. 109-171. under P.L. 109-171.
The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, Title VI) included 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 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.
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.
Linda K. Moore. For further inquiries, congressional staff may contact Jill C. Gallagher or Patricia Moloney Figliola. Linda K. Moore. For further inquiries, congressional staff may contact Jill C. Gallagher or Patricia Moloney Figliola.
Congressional Research Service 2 link to page 8 The FCC's Spectrum Auction Authority: History and Options for Reinstatement The Spectrum Pipeline Act of 2015 (Title X in the Bipartisan Budget Act of 2015, P.L. 114-74) requires the FCC to auction certain spectrum as specified in Section 1004(a) of the act.7 The act extended FCC auction authority for only this designated spectrum through September 30, 2025. Temporary Extensions of the FCC’s Spectrum Auction Authority in the 117th Congress On September 30, 2022, President Biden signed the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 (P.L. 117-180). Division C, Title I, Section 101 extended the FCC’s spectrum auction authority from September 30, 2022, to December 16, 2022. On December 16, 2022, President Biden signed the Further Continuing Appropriations and 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 extended the FCC’s Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 16, 2022, to December 23, 2022. spectrum auction authority from December 16, 2022, to December 23, 2022.
On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations
and Extensions Act, 2023 (P.L. 117-264). Division B, Title I, Section 101 extended the FCC’s and Extensions Act, 2023 (P.L. 117-264). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 23, 2022, to December 30, 2022. spectrum auction authority from December 23, 2022, to December 30, 2022.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (P.L. On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (P.L.
117-328). Division O, Title IX, Section 901 extended the FCC’s spectrum auction authority from 117-328). Division O, Title IX, Section 901 extended the FCC’s spectrum auction authority from
December 30, 2022, to March 9, 2023. December 30, 2022, to March 9, 2023.
Since no further extension legislation was signed into law by the March 9, 2023, deadline, the Since no further extension legislation was signed into law by the March 9, 2023, deadline, the
FCC’s spectrum auction authority lapsed on that date. FCC’s spectrum auction authority lapsed on that date.
Figure 1 illustrates the timeline of changes to the FCC’s spectrum auction authority from the illustrates the timeline of changes to the FCC’s spectrum auction authority from the
establishment of the FCC’s authority to grant licenses in 1981 through the expiration of its establishment of the FCC’s authority to grant licenses in 1981 through the expiration of its
auction authority on March 9, 2023 (except for certain spectrum auctioned under the authority of auction authority on March 9, 2023 (except for certain spectrum auctioned under the authority of
the Spectrum Pipeline Act of 2015). the Spectrum Pipeline Act of 2015).
7 A “spectrum pipeline plan” refers to the federal government selecting frequencies for auction and setting the timeline for conducting these auctions. Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes
(1981-2023) (1981-2023)
Source: CRS. CRS.
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Proposals in the 117th Congress to Extend the FCC’s
Spectrum Auction Authority
In addition to the short-term extensions described above, Members introduced three bills and one In addition to the short-term extensions described above, Members introduced three bills and one
Senate Amendment during the 117th Congress to extend either the FCC’s general auction Senate Amendment during the 117th Congress to extend either the FCC’s general auction
authority or the FCC’s authority to auction specific bands. None became law. These bills and the authority or the FCC’s authority to auction specific bands. None became law. These bills and the
amendment, however, highlight different methods for addressing the FCC’s spectrum auction amendment, however, highlight different methods for addressing the FCC’s spectrum auction
authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum
auction authority or its auction authority for specific bands. auction authority or its auction authority for specific bands.
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), a stand-alone The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), a stand-alone
bill introduced on May 16, 2022, would have extended FCC auction authority through March 31, bill introduced on May 16, 2022, would have extended FCC auction authority through March 31,
2024 (i.e., 18 months from its September 30, 2022, expiration). The House Energy and 2024 (i.e., 18 months from its September 30, 2022, expiration). The House Energy and
Commerce Committee’s Subcommittee on Communications and Technology approved the bill on Commerce Committee’s Subcommittee on Communications and Technology approved the bill on
June 15, 2022. June 15, 2022.
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 would have extended the FCC’s spectrum Commerce, Science, and Transportation. The bill would have extended the FCC’s spectrum
auction authority through March 31, 2024 (the same timeline approved by the House Energy and auction authority through March 31, 2024 (the same timeline approved by the House Energy and
Commerce Committee’s Subcommittee on Communications and Technology in H.R. 7783). Commerce Committee’s Subcommittee on Communications and Technology in H.R. 7783).
This bill would have repealed Section 90008 of the Infrastructure Investment and Jobs Act (IIJA, This bill would have repealed Section 90008 of the Infrastructure Investment and Jobs Act (IIJA,
P.L. 117-58), which provided funds from the Spectrum Relocation Fund (SRF)P.L. 117-58), which provided funds from the Spectrum Relocation Fund (SRF)
Department of Defense (DOD) to study the 3.1-3.45 GHz band in order to make it available for Department of Defense (DOD) to study the 3.1-3.45 GHz band in order to make it available for
shared (federal and nonfederal) use. H.R. 7624 specified a new purpose and process for shared (federal and nonfederal) use. H.R. 7624 specified a new purpose and process for
auctioning the 3.1 GHz-3.45 GHz band.auctioning the 3.1 GHz-3.45 GHz band.
entities operating in the band SRF funding for the purpose of research and development, entities operating in the band SRF funding for the purpose of research and development,
engineering studies, economic analyses, activities with respect to reconfiguring systems, or other engineering studies, economic analyses, activities with respect to reconfiguring systems, or other
planning activities to make spectrum available for nonfederal use, shared federal and nonfederal planning activities to make spectrum available for nonfederal use, shared federal and nonfederal
use, or a combination thereof. use, or a combination thereof.
Among other things, the bill would have established the Public Safety and Secure Networks Fund Among other things, the bill would have established the Public Safety and Secure Networks Fund
and directed a portion of spectrum auction proceeds for specific purposes. The bill would have and directed a portion of spectrum auction proceeds for specific purposes. The bill would have
provided $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted provided $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted
Communications Networks Reimbursement Program. Additionally, the bill would have made Communications Networks Reimbursement Program. Additionally, the bill would have made
available $10 billion from such revenues to improve 911 systems and services. available $10 billion from such revenues to improve 911 systems and services.
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. For more associated with relocating their radio communications systems or sharing the reallocated spectrum. For more
information, see NTIA, information, see NTIA, Manual of Regulations for Federal Radiofrequency Spectrum Management, “Annex O: , “Annex O:
Procedures and Guidance Related to the Spectrum Relocation Fund and Transition Activities in Support of Relocation Procedures and Guidance Related to the Spectrum Relocation Fund and Transition Activities in Support of Relocation
or Sharing by Federal Government Stations,” January 2021 edition, https://ntia.gov/publications/redbook-manual. or Sharing by Federal Government Stations,” January 2021 edition, https://ntia.gov/publications/redbook-manual.
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Spectrum Innovation Act of 2022 (S. 4117)
The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would have The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would have
repealed Section 90008 of the IIJA; mandated the auction of the 3.1-3.45 GHz band for repealed Section 90008 of the IIJA; mandated the auction of the 3.1-3.45 GHz band for
nonfederal, shared federal and nonfederal use, or a combination thereof; and extended the FCC’s nonfederal, shared federal and nonfederal use, or a combination thereof; and extended the FCC’s
authority to auction this segment of spectrum for seven years from the date of enactment of the authority to auction this segment of spectrum for seven years from the date of enactment of the
bill. The bill would have directed the Office of Management and Budget to transfer SRF funding bill. The bill would have directed the Office of Management and Budget to transfer SRF funding
to federal entities operating in the 3.1-3.45 GHz band to plan and conduct studies to facilitate the to federal entities operating in the 3.1-3.45 GHz band to plan and conduct studies to facilitate the
reallocation, with oversight from the National Telecommunications and Information reallocation, with oversight from the National Telecommunications and Information
Administration (NTIA) and the Executive Office of the President. It would have required the Administration (NTIA) and the Executive Office of the President. It would have required the
Secretary of Commerce to identify 200 MHz for reallocation and to work with DOD, FCC, and Secretary of Commerce to identify 200 MHz for reallocation and to work with DOD, FCC, and
the White House Office of Science and Technology Policy to make spectrum available for new the White House Office of Science and Technology Policy to make spectrum available for new
uses, while also protecting incumbent users. The bill was referred to the Committee on uses, while also protecting incumbent users. The bill was referred to the Committee on
Commerce, Science, and Transportation. Commerce, Science, and Transportation.
Senate Amendment 6585 (S.Amdt. 6585
) Senate Amendment 6585 (S.Amdt. 6585) was a comprehensive spectrum package introduced on Senate Amendment 6585 (S.Amdt. 6585) was a comprehensive spectrum package introduced on
December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated
Appropriations Act, 2023 (P.L. 117-328). It would have amended Section 90008 of the IIJA; Appropriations Act, 2023 (P.L. 117-328). It would have amended Section 90008 of the IIJA;
mandated the auction of the 3.1-3.45 GHz band for nonfederal use, shared federal and nonfederal mandated the auction of the 3.1-3.45 GHz band for nonfederal use, shared federal and nonfederal
use, or a combination thereof; and provided funds from the SRF to the DOD and other affected use, or a combination thereof; and provided funds from the SRF to the DOD and other affected
agencies operating in the 3.1-3.45 GHz band to study making the band available for nonfederal agencies operating in the 3.1-3.45 GHz band to study making the band available for nonfederal
use, shared federal and nonfederal use, or a combination thereof. It specified a new process for use, shared federal and nonfederal use, or a combination thereof. It specified a new process for
coordinating the identification and auction of frequencies, authorized the FCC to auction those coordinating the identification and auction of frequencies, authorized the FCC to auction those
frequencies available for auction, set aside auction revenue for deficit reduction and several frequencies available for auction, set aside auction revenue for deficit reduction and several
public interest programs, identified several spectrum bands for future study and auction, invested public interest programs, identified several spectrum bands for future study and auction, invested
in spectrum research, and extended the FCC’s auction authority through December 31, 2025. The in spectrum research, and extended the FCC’s auction authority through December 31, 2025. The
bill proposed changes to the IIJA related to the reallocation of the 3.1-3.45 GHz band from bill proposed changes to the IIJA related to the reallocation of the 3.1-3.45 GHz band from
federal (e.g., DOD) to nonfederal use—including DOD’s role in identifying available frequencies, federal (e.g., DOD) to nonfederal use—including DOD’s role in identifying available frequencies,
how much of the band could be reallocated from federal to nonfederal use, and how the band how much of the band could be reallocated from federal to nonfederal use, and how the band
could be shared between federal and nonfederal users.could be shared between federal and nonfederal users.
What Happened When the FCC’s Spectrum Auction
Authority Lapsed?
March 9, 2023, the FCC’s spectrum auction authority lapsed. The expiration of the FCC’s auction March 9, 2023, the FCC’s spectrum auction authority lapsed. The expiration of the FCC’s auction
authority has created uncertainty around the activities the FCC can perform.authority has created uncertainty around the activities the FCC can perform.
have authority to auction new spectrum licenses; however, there is debate on whether the FCC have authority to auction new spectrum licenses; however, there is debate on whether the FCC
can grant licenses already won (but not yet granted) from previous auctions. The lapse also has can grant licenses already won (but not yet granted) from previous auctions. The lapse also has
created uncertainty around FCC spectrum planning activities and future spectrum availability.created uncertainty around FCC spectrum planning activities and future spectrum availability.
Daily, December 16, 2022, https://communicationsdaily.com. , December 16, 2022, https://communicationsdaily.com.
Lapse,” Lapse,” Communications Daily, April 19, 2023, https://communicationsdaily.com. , April 19, 2023, https://communicationsdaily.com.
Communications Daily, April 24, 2023, https://communicationsdaily.com. , April 24, 2023, https://communicationsdaily.com.
Congressional Research Service Congressional Research Service
link to page 11 link to page 11 The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Proposals in the 118th Congress to Extend or
Reinstate the FCC’s Spectrum Auction Authority
have reinstated the FCC’s have reinstated the FCC’s auction authority through May 19, 2023auction authority through May 19, 2023
Options for Congress
Although many Members have expressed support for reinstating the authority, they have not Although many Members have expressed support for reinstating the authority, they have not
reached agreement on the period of the reinstatement.reached agreement on the period of the reinstatement.
possible legislative vehicles for reinstatement, include a stand-alone bill; a comprehensive possible legislative vehicles for reinstatement, include a stand-alone bill; a comprehensive
spectrum package that would include, among other things, an extension of FCC’s auction spectrum package that would include, among other things, an extension of FCC’s auction
authority; or an annual appropriations bill. authority; or an annual appropriations bill.
Table 1 presents six policy options for Congress to extend the FCC’s spectrum auction authority, presents six 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. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority
Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to Pass a stand-alone bil to
The FCC’s spectrum auction authority The FCC’s spectrum auction authority
Some Members have expressed interest Some Members have expressed interest
provide a short-term (e.g., would be reinstated. Spectrum-related provide a short-term (e.g., would be reinstated. Spectrum-related
in comprehensive spectrum legislation in comprehensive spectrum legislation
months) reinstatement of months) reinstatement of
activities, including the granting of activities, including the granting of
rather than a short-term stand-alone bil . rather than a short-term stand-alone bil .
the FCC’s spectrum the FCC’s spectrum
licenses from previous auctions, would licenses from previous auctions, would
If passed, the reinstatement of the FCC’s If passed, the reinstatement of the FCC’s
auction authority. auction authority.
resume. resume.
auction authority would be limited to a auction authority would be limited to a
finite number of months and may not finite number of months and may not
provide public and private sector provide public and private sector
stakeholders with planning certainty. stakeholders with planning certainty.
Renewal Bid,” Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com. , May 1, 2023, https://communicationsdaily.com.
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to Pass a stand-alone bil to
The FCC’s spectrum auction authority The FCC’s spectrum auction authority
Some Members have expressed Some Members have expressed
provide a mid-term (e.g., provide a mid-term (e.g.,
would be reinstated. Spectrum-related would be reinstated. Spectrum-related
preference for comprehensive spectrum preference for comprehensive spectrum
one to two year) one to two year)
activities, including the granting of activities, including the granting of
legislation. If passed, it is uncertain how a legislation. If passed, it is uncertain how a
reinstatement of the reinstatement of the
licenses from previous auctions, would licenses from previous auctions, would
mid-term extension would affect the mid-term extension would affect the
FCC’s spectrum auction FCC’s spectrum auction
resume. resume.
development of comprehensive development of comprehensive
authority. authority.
Congress could use the duration of the Congress could use the duration of the
spectrum legislation, which might delay spectrum legislation, which might delay
reinstatement to develop comprehensive the identification of new spectrum bands reinstatement to develop comprehensive the identification of new spectrum bands
spectrum legislation, potentially spectrum legislation, potentially
for auction. Spectrum availability may for auction. Spectrum availability may
incorporating information from the incorporating information from the
impact industry’s ability to develop and impact industry’s ability to develop and
DOD spectrum study mandated under DOD spectrum study mandated under
deploy new wireless technologies. deploy new wireless technologies.
P.L. 117-58 to identify new spectrum P.L. 117-58 to identify new spectrum
bands for reallocation and auction. bands for reallocation and auction.
Pass a stand-alone bil to Pass a stand-alone bil to
The FCC’s spectrum auction authority The FCC’s spectrum auction authority
Long-term or permanent authorities may Long-term or permanent authorities may
provide a long-term (e.g. provide a long-term (e.g.
would be reinstated. Spectrum-related would be reinstated. Spectrum-related
reduce deadline-driven opportunities for reduce deadline-driven opportunities for
five or more years) or five or more years) or
activities, including the granting of activities, including the granting of
Congress to maintain oversight of FCC Congress to maintain oversight of FCC
permanent reinstatement permanent reinstatement
licenses from previous auctions, would licenses from previous auctions, would
spectrum auction activity and to spectrum auction activity and to
of the FCC’s auction of the FCC’s auction
resume. resume.
introduce spectrum reforms. introduce spectrum reforms.
authority authority
Congress could use the duration of the Congress could use the duration of the
If passed, it is uncertain how a long-term If passed, it is uncertain how a long-term
reinstatement to develop comprehensive extension would affect the development reinstatement to develop comprehensive extension would affect the development
spectrum legislation, spectrum legislation,
of comprehensive spectrum legislation, of comprehensive spectrum legislation,
incorporating information from the incorporating information from the
which might delay the identification of which might delay the identification of
DOD spectrum study mandated under DOD spectrum study mandated under
new spectrum bands for auction. new spectrum bands for auction.
P.L. 117-58 to identify new spectrum P.L. 117-58 to identify new spectrum
Spectrum availability may impact Spectrum availability may impact
bands for reallocation and auction. bands for reallocation and auction.
industry’s ability to develop and deploy industry’s ability to develop and deploy
A long-term or permanent A long-term or permanent
new wireless technologies. new wireless technologies.
reinstatement of the FCC’s spectrum reinstatement of the FCC’s spectrum
auction authority may provide public and auction authority may provide public and
private sector stakeholders the greatest private sector stakeholders the greatest
degree of planning certainty. degree of planning certainty.
Pass comprehensive Pass comprehensive
Comprehensive spectrum legislation that Members may have a number of Comprehensive spectrum legislation that Members may have a number of
spectrum legislation that spectrum legislation that
reinstates the FCC’s spectrum auction reinstates the FCC’s spectrum auction
divergent priorities for comprehensive divergent priorities for comprehensive
includes a mid- or long- includes a mid- or long-
authority for some number of years, authority for some number of years,
spectrum legislation and negotiations spectrum legislation and negotiations
term or permanent term or permanent
identifies specific bands for auction, and identifies specific bands for auction, and
could be lengthy. Bundling reinstatement could be lengthy. Bundling reinstatement
reinstatement of the reinstatement of the
sets priorities for spending auction sets priorities for spending auction
of the FCC’s spectrum auction authority of the FCC’s spectrum auction authority
FCC’s spectrum auction FCC’s spectrum auction
revenues may provide public and private revenues may provide public and private
in comprehensive legislation may delay in comprehensive legislation may delay
authority. authority.
sector stakeholders with planning sector stakeholders with planning
reinstatement for the duration of reinstatement for the duration of
certainty and foster the development certainty and foster the development
negotiations. negotiations.
and deployment of new wireless and deployment of new wireless
technologies. technologies.
Temporarily reinstate the Temporarily reinstate the
A temporary reinstatement of the FCC A temporary reinstatement of the FCC
Waiting for an appropriations bil would Waiting for an appropriations bil would
FCC’s spectrum auction FCC’s spectrum auction
spectrum auction authority would spectrum auction authority would
leave the FCC without auction authority leave the FCC without auction authority
authority in FY2023 authority in FY2023
provide the agency a finite period of provide the agency a finite period of
for many months. for many months.
appropriations legislation. appropriations legislation.
time to continue work from previously time to continue work from previously
conducted auctions (e.g., 2.5 GHz). conducted auctions (e.g., 2.5 GHz).
Pass legislation that Pass legislation that
Identifying specific bands for auction and Identifying specific bands for auction and
Congress would assume the task of Congress would assume the task of
identifies specific bands identifies specific bands
granting the FCC authority to auction granting the FCC authority to auction
identifying spectrum for auction, shifting identifying spectrum for auction, shifting
for auction and grants the for auction and grants the
only those bands may allow Congress to only those bands may allow Congress to
this responsibility away from the FCC this responsibility away from the FCC
FCC authority to auction FCC authority to auction
play an active role in identifying play an active role in identifying
and other federal agencies. Congress and other federal agencies. Congress
those bands only. those bands only.
spectrum to be auctioned, for what spectrum to be auctioned, for what
would have to grant the FCC auction would have to grant the FCC auction
purpose, and when. purpose, and when.
authority for each identified band, which authority for each identified band, which
could add time to the spectrum could add time to the spectrum
identification and auction processes. identification and auction processes.
Source: CRS. CRS.
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Discussion
Some Members have previously favored stand-alone legislation to extend the FCC’s spectrum Some Members have previously favored stand-alone legislation to extend the FCC’s spectrum
auction authority, with a commitment to work on a comprehensive spectrum package that could auction authority, with a commitment to work on a comprehensive spectrum package that could
incorporate various congressional priorities (e.g., identification of spectrum for future auction, incorporate various congressional priorities (e.g., identification of spectrum for future auction,
interagency coordination on spectrum reallocation, funding proposals, and an extension of FCC interagency coordination on spectrum reallocation, funding proposals, and an extension of FCC
auction authorities).auction authorities).
extensions (e.g., several months), to ensure the FCC’s auction authority did not lapse and to extensions (e.g., several months), to ensure the FCC’s auction authority did not lapse and to
provide Congress with time to come to agreement on a comprehensive spectrum package. provide Congress with time to come to agreement on a comprehensive spectrum package.
Some Members have proposed longer-term extensions (e.g., 18 months, 2 years) in Some Members have proposed longer-term extensions (e.g., 18 months, 2 years) in
comprehensive spectrum packages from the 117th Congress (e.g., H.R. 7624 and S.Amdt. 6585). comprehensive spectrum packages from the 117th Congress (e.g., H.R. 7624 and S.Amdt. 6585).
Both bills included elements of a comprehensive package such as interagency coordination, Both bills included elements of a comprehensive package such as interagency coordination,
allocation of revenues, investment in spectrum research, and an extension of FCC’s auction allocation of revenues, investment in spectrum research, and an extension of FCC’s auction
authority, but neither included a spectrum pipeline provision (i.e., the identification of several authority, but neither included a spectrum pipeline provision (i.e., the identification of several
specific bands for auction). Some Members supported these bills because they address a number specific bands for auction). Some Members supported these bills because they address a number
of spectrum policy issues, while providing Congress more time to identify future bands for of spectrum policy issues, while providing Congress more time to identify future bands for
inclusion in a potential spectrum pipeline.inclusion in a potential spectrum pipeline.
comprehensive spectrum legislation that would identify specific spectrum bands for auction.comprehensive spectrum legislation that would identify specific spectrum bands for auction.
Some Members have asserted that the FCC’s spectrum auction authority gives both federal Some Members have asserted that the FCC’s spectrum auction authority gives both federal
agencies and the wireless industry planning certainty.agencies and the wireless industry planning certainty.
extension of the FCC’s spectrum auction authority, similar to the long-term extension adopted in extension of the FCC’s spectrum auction authority, similar to the long-term extension adopted in
2012 (P.L. 112-96, Title V), which extended the authority for a decade.2012 (P.L. 112-96, Title V), which extended the authority for a decade.
approach was effective and integral to supporting innovation and economic growth in the United approach was effective and integral to supporting innovation and economic growth in the United
States.States.
couple a long term reinstatement of the FCC’s spectrum auction authority with the identification couple a long term reinstatement of the FCC’s spectrum auction authority with the identification
of spectrum for future auctions, the allocation of auction revenues to public interest programs, of spectrum for future auctions, the allocation of auction revenues to public interest programs,
and the improvement of interagency spectrum coordination.and the improvement of interagency spectrum coordination.
video/?522120-1/senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:07:27], video/?522120-1/senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:07:27],
statement of Senator John Thune [0:12:54], and statement of Senator Ben Ray Luján [00:40:39].) statement of Senator John Thune [0:12:54], and statement of Senator Ben Ray Luján [00:40:39].)
Recess,” Recess,” Communications Daily, July 19, 2022, at https://communicationsdaily.com. See also C-SPAN, “Senate , July 19, 2022, at https://communicationsdaily.com. See also C-SPAN, “Senate
Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/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].) See Jimm Phillips and Howard hearing-wireless-spectrum. (See statements of Senators Maria Cantwell [01:42:32].) See Jimm Phillips and Howard
Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-Month FCC Auction Law Extension,” Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-Month FCC Auction Law Extension,” Communications
Daily, June 29, 2022, at https://communicationsdaily.com. (Discusses Senator Cantwell stating that she would like , June 29, 2022, at https://communicationsdaily.com. (Discusses Senator Cantwell stating that she would like
Senate Commerce to weigh in on House legislation, “instead of automatically backing the House proposals.”) Senate Commerce to weigh in on House legislation, “instead of automatically backing the House proposals.”)
senate-hearing-wireless-spectrum. (See statement of Senator John Thune [0:14:38].) senate-hearing-wireless-spectrum. (See statement of Senator John Thune [0:14:38].)
Remain,” Communications Daily, October 3, 2022, https://communicationsdaily.com. Remain,” Communications Daily, October 3, 2022, https://communicationsdaily.com.
senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:08:05], and Senator John senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:08:05], and Senator John
Thune [00:14:26].) Thune [00:14:26].)
Congressional Research Service Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Author Information
Patricia Moloney Figliola Patricia Moloney Figliola
Jill C. Gallagher Jill C. Gallagher
Specialist in Internet and Telecommunications Specialist in Internet and Telecommunications
Analyst in Telecommunications Policy Analyst in Telecommunications Policy
Policy Policy
Disclaimer
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