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Telecommunications and the 119th Congress: A Primer on Programs, Authorities, and Emerging Issues

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Telecommunications and the 119th Congress: A Primer on Programs, Authorities, and Emerging Issues
April 2, 2025Updated February 10, 2026 (IF12955)

The development and implementation of U.S. telecommunications policy involves a complex array of technologies, federal agencies, and private companies with varying goals and interests. Potential telecommunications issues in the 119th Congress include broadband, spectrum, public safety, security of telecommunications networks, and artificial intelligence (AI).

Number and Focus of Federal Broadband Programs

Federal broadband funding for closing the digital divide—the gap between people who have access to broadband and those who do not—is complex. Several agencies offer programs that provide support for broadband, and Congress may debate reform options for these programs. For example, S. 323 would direct the development of a national strategy to synchronize these programs. Related options for Congress could include assessments of the effectiveness of federal broadband programs and of state roles in addressing gaps in broadband access.

Adjustment ofthe 119th Congress may consider include federal broadband programs, management of radio spectrum, public safety, and security of telecommunications networks. Changes to the Broadband Equity, Access, and Deployment (BEAD) Program

In P.L. 117-58, Congress appropriated provided $42.45 billion forto the National Telecommunications and Information Administration (NTIA) for the BEAD Program, which aims to connect every American to broadband. Early in the 119th Congress, some Members expressed concerns about the implementation of the program. From March through June 2025, NTIA paused the program while the Department of Commerce reviewed it. NTIA then issued the BEAD Restructuring Policy Notice (Policy Notice), which made changes to the program (e.g., removed the preference for fiber to allow internet service providers [ISPs] to use any technology that can provide the required speed and latency to compete for subgrants). The Policy Notice requires states and territories to select the lowest-cost technological approach. The use of funding for non-deployment activities is under review, and NTIA plans to issue updated guidance. Policymakers and stakeholders have varying opinions on the program changes made by the Trump Administration. Congress may consider a range of options. Congress could opt to take no action and defer to NTIA and the Administration. Should Congress pursue action, potential options include conducting oversight hearings, including on the use of non-deployment-related funding, the range of technologies ISPs can use, and barriers to deployment. Congress may consider legislation that would amend the BEAD Program provisions in P.L. 117-58.

Universal Service Fund (USF) Reform

The Federal Communications Commission (FCC) has established four USF the National Telecommunications and Information Administration (NTIA) to "make[] grants … to bridge the digital divide" under the Broadband Equity, Access, and Deployment (BEAD) Program. BEAD funds broadband projects with a priority to provide "affordable, reliable, high-speed broadband" service to locations currently lacking such access. As the program entered its fourth year in November 2024, some Members of Congress questioned its implementation, including when BEAD-funded projects will start and whether NTIA should adjust its administration of the program to expedite broadband deployment. As of March 2025, although funding had been obligated to states, most BEAD funding had not been distributed to internet service providers to implement their deployment projects, largely because many states had not completed all steps to use the funds, which are required by the law or specified in NTIA's notice of funding opportunity (NOFO).

The 119th Congress may consider a range of options related to adjustment of the program. Examples of such options could include continuing congressional oversight of BEAD implementation with existing program requirements or expediting implementation by directing NTIA to loosen or remove some of its requirements for states and subgrantees. Some debates on the requirements include (1) whether states must account for climate-related risks to BEAD-funded projects at a level detailed in NTIA's NOFO and (2) whether subgrantees must provide a project workforce plan with information related to whether the workforce is unionized. Another issue is whether to keep or expand NTIA's current interpretations of the terms priority broadband projects and reliable broadband service in the law, which prioritizes fiber-optic technology and does not include satellite-based connectivity technology. H.R. 1870 would amend certain aspects of P.L. 117-58 related to the BEAD program―some of which are discussed above. Finally, Congress may consider whether to amend P.L. 117-58 to increase or decrease BEAD funding.

Universal Service Fund Reform

The Federal Communications Commission (FCC) has established four Universal Service Fund (USF) programs: the High Cost Program, the Lifeline Program, the Rural Health Care Program, and the Schools and Libraries Program. The USF is intended to ensure that all Americans have access to telecommunications services at just, reasonable, and affordable rates. Some Members have proposed reexamining the USF and the fees it charges carriers (which may be passed on to consumers) and evaluating the appropriateness of FCC authorities. For example, the 118th Congress considered expanding the types of entities that contribute to the fund (e.g., rural 5G), expanding the contribution base (S. 856, S. 3321, S. 975, H.R. 1812), directing spectrum auction revenues to support the USF, and funding the USF through the appropriations process.

Some Members have called on Congress to reexamine the USF as a "hidden tax" placed on carriers, to limit FCC authorities, and to increase congressional oversight of USF spending. In response to three lawsuits brought by Consumers' Research, in July 2024, the U.S. Court of Appeals for the Fifth Circuit ruled the USF unconstitutional as a tax. This decision conflicted with previous decisions by the Fifth and Eleventh U.S. Courts of Appeals, both of which rejected that claim. The U.S. Supreme Court heard arguments on the case on March 26, 2025. A decision is expected in June 2025.

Future of the Affordable Connectivity Program

Congress established the Affordable Connectivity Program (ACP) through P.L. 117-58 and appropriated $14.2 billion for the program. The ACP supplemented the USF's Lifeline Program and provided internet service discounts to eligible households. Despite proposed legislation in the 118th Congress (S. 3565, H.R. 6929, S. 4208) intended to provide additional funds for the ACP, the program ended on June 1, 2024. The 119th Congress could consider reviving the ACP, authorizing and appropriating funding for a program similar to the ACP, or assessing whether the ACP is still needed.

Spectrum Auction Authority

In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses to use specific radio frequencies for commercial wireless communications. The authorization for the FCC to conduct such auctions expired on March 9, 2023. In total, 13 bills introduced in the 117th and 118th Congresses proposed reinstating FCC auction authority, but none became law. Congress could consider reinstating the FCC's auction authority through a stand-alone bill, a comprehensive spectrum package, or other vehicle. Congress could also grant auction authority for specific bands, as it did in December 2024 in P.L. 118-159 for the Advanced Wireless Services 3 band.

National Spectrum Strategy

Managing competing demands for spectrum, including those from federal, commercial, and other users seeking to launch new technologies, poses challenges for policymakers but could contribute to U.S. economic growth and competitiveness.

In November 2023, NTIA developed a National Spectrum Strategy (NSS) that outlined four "pillars" for improving spectrum management. The NSS focused on developing a pipeline to support existing and future demands for spectrum, collaboratively planning over the long term to support the nation's evolving spectrum needs, facilitating spectrum innovations, and expandingIn July 2024, the U.S. Court of Appeals for the Fifth Circuit ruled that the process for funding the USF was unconstitutional. That decision conflicted with decisions by the U.S. Courts of Appeals for the Sixth, Eleventh, and D.C. Circuits. On June 27, 2025, the U.S. Supreme Court issued a ruling in the case, upholding the constitutionality of the USF.

Some Members have proposed reexamining the USF and the fees it charges carriers (which may be passed on to consumers) and evaluating the appropriateness of FCC authorities. For example, the 118th Congress considered expanding the contribution base (i.e., the types of entities that contribute to the fund), directing spectrum auction revenues to support the USF, and funding the USF through the appropriations process. In August 2025, the newly reestablished bipartisan, bicameral Congressional USF Working Group requested comments from interested parties regarding the future of the USF. Organizations representing a wide range of interests—public interest groups, industry associations, and local governments—submitted comments, due on September 15, 2025. Some of the discussion points addressed in the comments included modernizing the USF funding mechanism, prioritizing affordability and equity, addressing the "digital divide," ensuring program stability, and improving accountability and oversight. Some Members have called on Congress to reexamine the USF as a "hidden tax" placed on carriers, to limit FCC authorities, and to increase congressional oversight of USF spending. Congress may consider incorporating one or more of these points if it considers legislation to reform the USF.

Spectrum Auction Authority

The FCC manages radio spectrum use for nonfederal entities (e.g., commercial and state and local access to and use of spectrum). In 1993, Congress authorized the FCC to use auctions to grant licenses to use specific frequencies for commercial wireless communications. Spectrum auctions have since generated more than $230 billion in proceeds. The FCC's authority to auction spectrum expired on March 9, 2023. In the 2025 reconciliation law (P.L. 119-21, commonly called the One Big Beautiful Bill Act), Congress reinstated the FCC's auction authority through September 30, 2034, except for two bands—the 3.1-3.45 gigahertz (GHz) and 7.4-8.4 GHz bands—used heavily by federal agencies. Congress may conduct oversight on the FCC's use of its auction authority, propose new bands for auction, or consider legislation that distributes auction proceeds.

National Spectrum Strategy (NSS)

NTIA manages spectrum use for federal agencies. In November 2023, NTIA published the NSS, which outlined four pillars or focus areas for improving spectrum management: develop a spectrum pipeline (bands for future reallocation and auction to support new technologies), establish a collaborative long-term planning process, support spectrum innovation and research, and expand spectrum expertise. Specifically, the NSS identified five bands to be studied for possible repurposing from federal to commercial wireless use: the 3.1-3.45 GHz, 5.03-5.091 GHz, 7.125-8.4 GHz, 18.1-18.6 GHz, and 37.0-37.6 GHz bands. These studies are under way. As federal agencies were studying these bands, P.L. 119-21 was enacted, which created a different spectrum pipeline.

2025 Reconciliation Act (P.L. 119-21)

In addition to reinstating the FCC's auction authority through September 30, 2034, P.L. 119-21 created a spectrum pipeline—specific bands for auction and specific quantities of spectrum that the FCC and NTIA were to identify and auction for commercial wireless use. The act (1) required the FCC to grant licenses through auctions for 300 megahertz of spectrum, including not less than 100 megahertz in the Upper C-band (3.98-4.2 GHz) within two years of enactment; (2) directed the head of NTIA, in consultation with the FCC, to identify 500 megahertz of spectrum in the 1.3-10.5 GHz range for reallocation from federal use to nonfederal use, shared federal and nonfederal use, or a combination thereof, for full-powered commercial licensed use and also directed the FCC to auction no less than 200 megahertz of this spectrum within four years and the remaining spectrum no later than eight years after enactment; and (3) provided $50 million to assist NTIA with spectrum analysis of the 2.7-2.9 GHz, 4.4-4.9 GHz, and 7.25-7.4 GHz bands, among other things.

While both the NSS and P.L. 119-21 identify a spectrum pipeline, the bands and timelines do not always align. Of particular interest to Congress is the 3.1-3.45 GHz band, used for Department of Defense (DOD) radar systems (DOD is now "using a secondary Department of War designation" under Executive Order 14347 dated September 5, 2025). The NSS directed NTIA and DOD to study the band for repurposing from federal to nonfederal use or shared federal and nonfederal use. A final report on the study is planned for October 2026. Yet P.L. 119-21 exempts the band from auction through September 2034, which may limit access.

U.S. agencies and industries are preparing for the 2027 World Radiocommunication Conference (WRC-27), where decisions on global spectrum use are formed. At WRC-27, global telecommunication stakeholders intend to consider several bands for new technologies, including 6G, satellite, and satellite direct-to-device services. The bands include the 4.4-4.8 GHz, 7.125-8.4 GHz, and 14.8-15.34 GHz bands. Congress may seek to ensure the U.S. has a cohesive spectrum strategy—one that advances both U.S. commercial and federal interests.

spectrum expertise.

Given competing needs among users and challenges in interagency coordination to resolve spectrum issues, the NSS first reaffirms the statutory roles of the FCC as the exclusive regulator of nonfederal spectrum use and NTIA as the sole agency responsible for authorizing federal spectrum use. The NSS recognizes the authority of other agencies to carry out their missions that rely on spectrum.

One of the four pillars of the NSS is creating a pipeline for repurposing spectrum to meet growing needs. The NSS identifies a total of 2,786 megahertz of spectrum bandwidth in five bands with federal allocations to be studied for possible repurposing, including the 3.1-3.45 gigahertz (GHz), 5.03-5.091 GHz, 7.125-8.4 GHz, 18.1-18.6 GHz, and 37.0-37.6 GHz bands.

The Trump Administration may adopt, amend, or dismiss the policy priorities in the NSS and NSS Implementation Plan or develop a new strategy. Options for Congress could include directing NTIA to develop and lead a new spectrum strategy and coordinate with other federal agencies to implement such a strategy. Congress also could choose to codify in statute some actionable items in the NSS, such as identifying spectrum for study or auction and encouraging research and development in dynamic spectrum sharing. As an example, S. 4207, introduced in the 118th Congress, would have directed NTIA to establish "a national testbed for dynamic spectrum sharing" using emerging technologies such as AI.

Spectrum Pipeline

Bills introduced in the 118th Congress (e.g., H.R. 3565, S. 4207, S. 3909) proposed studying, reallocating, or sharing bands for commercial use. Of particular interest was the 3.1-3.45 GHz band, which is used primarily for Department of Defense (DOD) radar systems. The NSS has designated NTIA and DOD to co-lead the study for repurposing the band for nonfederal use or shared federal/nonfederal use. The NSS Implementation Plan set a target date of October 2026 for the study's final report, which could guide future congressional decisions about the band.

Congress has also targeted other bands for future studies and auctions, such as those identified in the NSS, and bands under consideration by the FCC, including the 12.7-13.25 GHz band. Congress could consider naming specific bands for study or auction, such as those identified globally for mobile or for future 6G use, or directing the FCC and NTIA to identify bands to be auctioned, as proposed in H.R. 651.

Public Safety Considerations

Congress may consider whether to reauthorize the First Responder Network Authority (FirstNet)—an independent agencyauthority under NTIA responsible for overseeing the public safety broadband network that serves first responders in every state and territory. The agencyFirstNet's authority expires in 2027; public. Public safety users are urging Congress to extend FirstNet's authorities to avoid any a potential lapse in service.

Many 911 centers are migrating to Next Generation 911 (NG911)—improvements that would enhance emergency response and provide interconnection with FirstNet. In the 118119th Congress, some Members proposed using appropriations (H.R. 1784, S. 2712) or spectrum auction proceeds (H.R. 3565) for local 911 center upgrades. The 119th Congress may continue debating whether and how to provide federal funding for the transition.

Security of Telecommunications Networks

Congress has expressed concern with untrusted telecom network equipment that poses a threat to U.S. national security. In have introduced legislation for further deployment and coordination of NG911 (H.R. 6505), use of BEAD non-deployment funds for NG911 implementation or upgrades (S. 3565, H.R. 6920), and upgrades to 911 centers in national parks (S. 290, H.R. 7031). Congress may continue debating federal involvement in the nationwide transition to NG911.

Congress may consider implementing new communications technologies and methods into the emergency alerting infrastructure. In the 119th Congress, some Members have introduced legislation to evaluate the integration of additional communication methods (i.e., satellite and social media) into the alerting infrastructure (H.R. 7022, H.R. 1076). Congress may also consider increasing opportunities for state and local officials to train and test their emergency alerting systems (H.R. 5154).

Security of Telecommunications Networks

In 2018, in P.L. 115-232, Congress restricted federal agency purchase and use of untrusted equipment (e.g., theequipment produced by five China-based companies, including Huawei Technologies Co. and ZTE Corporation). Further options could include identifying and restricting the use of other untrusted equipment in law or authorizing agencies to identify untrusted equipment.

In some cases, Congress has funded the replacement of such equipment from networks. In P.L. 116-124, Congress established. In 2020, P.L. 116-124 directed the FCC to maintain a "covered list" of communications equipment determined to pose an unacceptable risk to U.S. national security. It also created a program to reimburse small wireless providers for costs to "rip and replace" Huawei and ZTE equipment from their telecom networks. In networks; in 2021, in P.L. 116-260, Congress provided nearly $2 billion to the FCC to reimburse eligible entities for costs to rip and replace the untrusted equipment. The funding did not cover all provider costs. In P.L. 118-159, Congress authorized the FCC to borrow $3.08 billion from the Department of the Treasury to fully fund the reimbursement program, to be repaid from a future spectrum auction. Some providers assert that costs have increased since initial estimates were submitted. The 119th Congress may consider whether additional funds are needed and continue its oversight of efforts to remove equipment found to pose a threat.

appropriated nearly $2 billion for the program. In 2024, in P.L. 118-159, Congress authorized the FCC to borrow an additional $3.08 billion from Treasury to fully fund the program. Funds are to be repaid from future spectrum auctions. The FCC has distributed the funds and expects projects to be completed by May 8, 2026.

Recently, the U.S. government restricted the import, sale, and use of certain unmanned aircraft systems or drones produced in China. The restrictions were spurred by Section 1709 of P.L. 118-159, which directed a national security agency to determine whether drones produced by China-based Da-Jiang Innovations (DJI) and Autel Robotics (Autel) pose an unacceptable risk to U.S. national security and should be placed on the FCC's covered list. In December 2025, an interagency body determined that all foreign-made drones pose a risk to U.S. national security, and thus they were added to the covered list. In January 2026, DOD determined that certain foreign-made drones do not pose a risk and should be removed from the list; the exemption did not include drones made by DJI or Autel. By law (P.L. 117-55), once equipment is on the covered list, the FCC is prohibited from authorizing new equipment (i.e., new models). Without FCC authorization, no new "covered" drones can be imported, marketed, sold, or used in the United States, though the FCC allowed for continued use of previously authorized drones. Restricting Chinese-made drones may improve U.S. national security but could limit availability of drones for federal and nonfederal users, as DJI was the largest drone supplier in the United States. Thus, Congress could opt to boost U.S. drone development to meet U.S. demand.