The Federal Communications Commission: Selected Issues Under Consideration

July 21, 2022 R47192

The Federal Communications Commission:
July 21, 2022
Selected Issues Under Consideration
Patricia Moloney Figliola,
The Federal Communications Commission (FCC) is set to begin or complete proceedings on a
Coordinator
range of policy topics of ongoing interest to Congress in 2022: broadband data and mapping;
Specialist in Internet and
fifth-generation (5G) wireless technologies; net neutrality; the Quadrennial Media Ownership
Telecommunications
Review; broadband labels; robocall rules enforcement; and public safety. Issues highlighted in
Policy
this report were selected because of the ongoing congressional interest as subjects of recent

legislation and hearings.
Jill C. Gallagher
Analyst in
The FCC is currently composed of two Democratic and two Republican commissioners, with
Telecommunications
Democratic appointee Jessica Rosenworcel serving as Chairwoman. President Joe Biden’s
Policy
nominee for the fifth commissioner, Gigi Sohn, awaits Senate confirmation. Due to the absence

of a fifth commissioner who could potentially be a tie-breaking vote, some issues will likely not
Brian E. Humphreys
be considered at this time. For example, while Chairwoman Rosenworcel has supported
reinstating the Commission’s 2015 net neutrality rules
Analyst in Science and
, without a political majority, such action
Technology Policy
could be unlikely.

Broadband Data and Mapping
Colby Leigh Rachfal
Analyst in
The FCC’s current nationwide broadband availability map has been criticized by some for poor
Telecommunications
data granularity and overstating availability. Pursuant to the Broadband Deployment Accuracy
Policy
and Technological Availability Act (P.L. 116-130), the FCC changed how it collects and verifies

broadband data to generate an improved map. Data collection concludes September 1, 2022; the
FCC has not stated when a new map may be released.
Dana A. Scherer
Specialist in
Telecommunications
Fifth-Generation Wireless Technologies
Policy
The FCC is actively addressing 5G wireless equipment and services. It is allocating and

auctioning radio spectrum for 5G service; enhancing spectrum coordination with the National
Telecommunications and Information Administration; addressing potential spectrum interference

issues, especially those that affect federal agency operations; and implementing national security
measures to ensure the security of telecommunications networks, specifically targeting the use of Chinese equipment in
domestic networks.
Net Neutrality
Net neutrality, the policy that required internet service providers to offer equal and nondiscriminatory access to online
content, was adopted by the FCC during the Obama Administration in 2015 and repealed by the FCC during the Trump
Administration in 2017. The FCC may take up the issue again, possibly pending the confirmation of a fifth commissioner or
another composition of FCC commissioners who could reach a majority vote.
Quadrennial Media Ownership Review
The Telecommunications Act of 1996 (P.L. 104-104) requires the FCC to review its media ownership rules every four years
and determine whether they “are necessary in the public interest as the result of competition.” In December 2018, the FCC
began its Quadrennial Review of media ownership rules, but paused proceedings after a legal challenge. The U.S. Supreme
Court unanimously upheld the FCC’s rules in June 2021, and the FCC restarted its review.
Broadband Labels
In January 2022, the FCC adopted a rulemaking proceeding to create new broadband labels, which would require, among
other things, that internet service providers display labels at the point of sale to disclose information about prices,
introductory rates, data allowances, broadband speeds, and management practices. The goal of the updated labels is to “make
sure consumers know what they’re paying for” and “increase incentives for carriers to compete on price and service.”
Congressional Research Service

The Federal Communications Commission: Selected Issues Under Consideration

Robocall Rules Enforcement
Robocalls are the top consumer complaint received by the FCC. In response to an FCC mandate, the telecommunications
industry developed and has largely implemented a framework known as “STIR/SHAKEN” to enable carriers to identify and
verify callers. This led to a decrease in robocalls originating domestically, but did not impact robocalls originating overseas
that spoof U.S. phone numbers. The FCC has proposed rules to require “gateway” carriers, the point of entry for foreign calls
into the United States, to implement STIR/SHAKEN.
Public Safety
The FCC is currently involved in three major public safety initiatives: the 9-8-8 Suicide Prevention Line that is launched on
July 16, 2022; improving the accuracy and reliability of nationwide wireless emergency alerts to cell phones; and improving
the geolocation of 9-1-1 calls.
Congressional Research Service

The Federal Communications Commission: Selected Issues Under Consideration

Introduction
The Federal Communications Commission (FCC or “Commission”) conducts many rulemaking
proceedings in any given year.1 These proceedings exercise the Commission’s congressionally
delegated authority to provide specific policy directives to the industries under its purview.
Additionally, the FCC conducts spectrum auctions as authorized by Congress.2
The FCC is currently composed of two Democratic and two Republican commissioners, with
Democrat Jessica Rosenworcel serving as Chairwoman. President Joe Biden’s nominee for the
fifth commissioner, Gigi Sohn, submitted for Senate confirmation, remains pending in the Senate.
Due to the potential absence of a majority, some issues may not be taken up by the currently
seated commissioners. For example, while Chairwoman Rosenworcel has long supported
reinstating the Commission’s 2015 net neutrality rules, without a political majority such action
could be unlikely.
This report provides a summary of selected issues before the Commission that may also be of
interest to Congress:
 broadband data and mapping;
 fifth-generation wireless technologies, including spectrum auctions, FCC
spectrum authority, interference with existing technologies and systems,
spectrum coordination, national security initiatives, and the Secure and Trusted
Communications Network Reimbursement Program;
 net neutrality;
 the FCC’s Quadrennial Media Ownership Review;
 broadband labels;
 robocall rules enforcement; and
 public safety.

These issues were selected because they have been of ongoing interest to Congress as subjects of
recent legislation or hearings.

1 For information about the federal agency rulemaking process, see CRS In Focus IF10003, An Overview of Federal
Regulations and the Rulemaking Process, by Maeve P. Carey, and CRS Report RL32240, The Federal Rulemaking
Process: An Overview, coordinated by Maeve P. Carey. For information specific to FCC rulemaking, see Federal
Communications Commission, Rulemaking Process, https://www.fcc.gov/about-fcc/rulemaking-process.
2 In 1993 Congress passed the Omnibus Budget Reconciliation Act, which gave the Commission authority to use
competitive bidding to choose from among two or more mutually exclusive applications for an initial license. Prior to
this legislation, the Commission mainly relied upon comparative hearings and lotteries to select a single licensee from a
pool of mutually exclusive applicants for a license. The Commission has found that spectrum auctions more effectively
assign licenses than either comparative hearings or lotteries. The auction approach is intended to award the licenses to
those who will use them most effectively. Additionally, by using auctions, the Commission has reduced the average
time from initial application to license grant to less than one year, and the public is now receiving the direct financial
benefit from the award of licenses. In the Balanced Budget Act of 1997, Congress extended and expanded the FCC’s
auction authority. The act requires the FCC to use auctions to resolve mutually exclusive applications for initial
licenses unless certain exemptions apply, including exemptions for public safety radio services, digital television
licenses to replace analog licenses, and non-commercial educational and public broadcast stations. See Federal
Communications Commission, “About Auctions,” at https://www.fcc.gov/auctions/about-auctions.
Congressional Research Service

1

The Federal Communications Commission: Selected Issues Under Consideration

Broadband Data and Mapping
Broadband availability data and mapping are important to some policymakers in determining
where to target resources to help close the digital divide.3 Since 2018, the FCC has had the
primary responsibility for developing a comprehensive map of broadband access in the United
States.4 However, some say the current broadband deployment map may overstate availability of
broadband in the United States.5 For example, the FCC counts a census block as completely
served if at least one home or business in it has broadband; the FCC relies on self-reported data
from broadband providers; and the FCC lacks validation and challenge processes. In response to
such concerns, Congress enacted the Broadband Deployment Accuracy and Technological
Availability Act (Broadband DATA Act; P.L. 116-130) on March 23, 2020, to require the FCC to
change the way it collects, verifies, and reports broadband data. Pursuant to the act, the FCC is to
create new, more granular broadband availability maps.
Although the Broadband DATA Act did not specify a deadline for the new maps and the FCC has
not provided a specific release date, the agency is making progress in developing its capability to
generate the required broadband deployment maps. For example, the FCC announced on June 23,
2022, that the “‘Broadband Serviceable Location Fabric’6 that will be used for the inaugural
Broadband Data Collection (BDC) is available for broadband service providers and governmental
entities to access.”7
The BDC is designed to be an ongoing effort.8 As it unfolds, Congress may take an interest in
observing:
 what impact a delay in map release has on the distribution of federal funding that
relies on its publication (e.g., the Broadband Equity, Access, and Deployment
program created within the Infrastructure Investment and Jobs Act (P.L. 117-58))
and the effect that may have on addressing the digital divide,
 whether the BDC effort appears sufficient to alleviate the current broadband
mapping issues, and

3 The digital divide has been used to characterize a gap between those Americans who have access to
telecommunications and information technologies and those who do not.
4 Providers are required to submit to the FCC a list of all census blocks where they provide, or could provide, fixed
broadband service to at least one location (e.g., household or business).
5 Latest public release data as of December 2020. See Federal Communications Commission, Fixed Broadband
Deployment, https://broadbandmap.fcc.gov/#/location-summary?version=dec2020&tech=acfosw&speed=25_3.
6 According to the FCC, “The Broadband Serviceable Location Fabric (Fabric) is a dataset including locations in the
United States and Territories where fixed broadband internet access service has been or could be installed. The Fabric
allows broadband data filers and the FCC to work from a standardized list of locations. Filers of fixed broadband
availability data in the Broadband Data Collection (BDC) should use the Fabric as the basis for developing their
availability data.” Federal Communications Commission, What Is the Location Fabric (and the Preliminary Location
Fabric)?, Broadband Data Collection Help Center, June 21, 2022, https://help.bdc.fcc.gov/hc/en-us/articles/
5375384069659-What-is-the-Location-Fabric-and-the-Preliminary-Location-Fabric-.
7 Federal Communications Commission, Broadband Data Task Force Announces the Availability of the Production
Version of the Broadband Serviceable Location Fabric, June 23, 2022, p.1, https://docs.fcc.gov/public/attachments/
DA-22-668A1.pdf.
8 Per FCC rules, “providers have a continuing duty to submit BDC filings each year on or before March 1 (reporting
data as of December 31 of the prior year) and September 1 (reporting data as of June 30 of the current year).” See
Federal Communications Commission, All Facilities-Based Broadband Internet Access Service Providers Must Timely
File Complete and Accurate Data in the Broadband Data Collection, June 15, 2022, p.1, https://docs.fcc.gov/public/
attachments/DA-22-639A1.pdf.
Congressional Research Service

2

The Federal Communications Commission: Selected Issues Under Consideration

 whether further legislative action should add other variables into the data
collection and mapping efforts (e.g., affordability data).
CRS Analyst Contact:
Colby Leigh Rachfal, Analyst in Telecommunications Policy
For further reading:
CRS Report R45962, Broadband Data and Mapping: Background and Issues for the 117th
Congress, by Colby Leigh Rachfal.
CRS Report R46967, The Infrastructure Investment and Jobs Act (P.L. 117-58): Summary of the
Broadband Provisions in Division F, coordinated by Patricia Moloney Figliola.
Fifth-Generation Wireless Technologies
Fifth-generation (5G) wireless technologies were developed by the global telecommunications
industry to accommodate increasing demands for mobile data from consumers and businesses—
5G provides faster data rates with lower latency (i.e., less lag time). The industry designed this
next generation of technologies to enhance the capacity of existing networks, handle more users
and more data-intensive applications (e.g., video streaming, augmented reality applications), and
improve the efficiency of mobile networks. Private companies are currently deploying 5G
networks, and developing new devices, services, and applications.
Congress has generally supported the rollout of 5G networks. It recognizes the potential of 5G
technologies to provide a platform for U.S. developers to launch new products and services—
products that can be marketed globally; generate new jobs and revenues; and assert U.S.
leadership in the global telecommunications market.
The FCC supports the deployment of 5G networks and technologies by allocating spectrum for
5G, conducting spectrum auctions for 5G, mitigating interference issues while also addressing
national security concerns, and ensuring 5G reaches rural regions. The 117th Congress has
focused on several issues related to 5G: the expiration of FCC’s auction authority in September
2022; improving spectrum coordination between the FCC and the National Telecommunications
and Information Administration (NTIA), an agency in the U.S. Department of Commerce that
manages federal agency spectrum use; addressing claims that 5G technologies are causing signal
interference with existing spectrum users, including federal agency users; and addressing national
security concerns.
5G Rural Fund
Telecommunication providers are required to contribute a percentage of their revenue to the
Universal Service Fund (USF), a fund intended to intended to ensure that telecommunications
services, including broadband, are available and affordable throughout the country. The USF is
managed by the FCC and administered by the Universal Service Administrative Company
(USAC).
In October 2020, the FCC created the 5G Fund for Rural America, designating $8 billion from
USF to bring broadband services to areas unlikely to see unsubsidized deployment of 5G
technologies, and $1 billion for precision agriculture projects. In its October 2020 rules, the FCC
determined that the current data used to show broadband coverage (Form 477) was flawed, and
decided to use data collected pursuant to the Broadband DATA Act (P.L. 116-130). While the
FCC expects the data to more accurately show existing coverage and areas in need of coverage,
Congressional Research Service

3

The Federal Communications Commission: Selected Issues Under Consideration

the FCC reported that waiting for the maps could add 18-24 months to the launch of the 5G Rural
Fund.9 Chairwoman Rosenworcel testified in March 2022 that she expects the maps to be
complete in fall 2022, 10 which would enable the FCC to begin the award process.
Primary CRS Analyst Contacts:
Jill C. Gallagher, Analyst in Telecommunications Policy
For further reading:
CRS Insight IN11661, 5G Fund for Rural America, by Jill C. Gallagher.
FCC Spectrum Authority
The FCC manages spectrum for nonfederal use (i.e., commercial; state and local government).
Through various authorities, dating back to 1993, Congress has authorized the FCC to auction
spectrum for commercial use.11 That authority is set to expire on September 30, 2022, unless
Congress acts. Expiration of FCC auction authority could affect the Commission’s ability to
complete the 2.5 GHz auction and hold future auctions.
In general, Congress has supported FCC auction authorities, and has extended FCC auction
authorities on several occasions to allow the FCC to auction certain bands.12 In March 2022, some
House Members introduced legislation (H.R. 7783) that would extend the FCC’s auction
authority through March 31, 2024. At a May 2022 hearing, some House Members expressed
urgency for its passage.13
In addition, some Members of Congress asked the FCC for recommendations on spectrum
auction authorities and other tools to facilitate spectrum allocation for commercial services.14 The
FCC Chair provided several options, including interagency coordination to facilitate spectrum
planning and identification of bands that it could reallocate for commercial use; interagency
coordination to expedite the identification and reallocation process, and reduce spectrum disputes;

9 FCC, “5G Fund,” November 24, 2020, https://www.fcc.gov/5g-fund.
10 U.S. Congress, House Committee on Energy and Commerce, Subcommittee on Communications and Technology,
“Connecting America: Oversight of the FCC,” 117th Cong., 2nd sess., March 31, 2022.
11 CRS Report R44433, Framing Spectrum Policy: Legislative Initiatives, by Linda K. Moore.
12 U.S. Congress, House Committee on Energy and Commerce, Subcommittee on Communications and Technology,
Strengthening Our Communications Networks: Legislation to Connect and Protect, 117th Cong., 2nd sess., May 24,
2022. (See Memorandum to Subcommittee on Communications and Technology Members and Staff, from Committee
on Energy and Commerce Staff, regarding “Hearing on “Strengthening our Communications Networks: Legislation to
Connect and Protect,” May 20, 2022, p. 2, https://energycommerce.house.gov/sites/
democrats.energycommerce.house.gov/files/documents/ Briefing%20Memo_CAT_2022.05.24.pdf.)
13 U.S. Congress, House Committee on Energy and Commerce, Subcommittee on Communications and Technology,
Strengthening Our Communications Networks: Legislation to Connect and Protect, 117th Cong., 2nd sess., May 24,
2022, https://energycommerce.house.gov/committee-activity/hearings/hearing-on-strengthening-our-communications-
networks-legislation-to. (See Opening Statements from Chairman Pallone and Representative Matsui.)
14 Letter from Roger F. Wicker, U.S. Senate, Committee on Commerce, Science, and Transportation, Ranking Member,
and John Thune, U.S. Senate, Committee on Commerce, Science and Transportation, Subcommittee on
Communications Media, and Broadband, Ranking Member, to Jessica Rosenworcel, Federal Communications
Commission Chair, March 2, 2022, https://www.fcc.gov/chairwoman-rosenworcels-letters-congress. Letter from Frank
Pallone, Jr., U.S. House of Representatives, Energy and Commerce Committee, Chairman, Cathy McMorris Rodgers,
U.S. House of Representatives, Energy and Commerce Committee, Ranking Member, and Mike Doyle, U.S. House of
Representatives, Energy and Commerce Committee, Subcommittee on Communications and Technology, Chairman, et
al., to Jessica Rosenworcel, Federal Communications Commission, Chair, March 22, 2022, https://www.fcc.gov/
chairwoman-rosenworcels-letters-congress.
Congressional Research Service

4

link to page 9 The Federal Communications Commission: Selected Issues Under Consideration

incentives for federal and commercial users to relinquish spectrum; upgrades to equipment; and
development of spectrum sharing mechanisms and technologies to achieve greater spectrum
efficiencies.15
Bills have been introduced in Congress in line with some of these recommendations. For
example, H.R. 2501, the Spectrum Coordination Act, and its companion bill in the Senate (S.
1472) would require the NTIA and FCC to update their existing Memorandum of Understanding
(MOU) on spectrum allocations and use, and improve interagency processes for identifying and
reallocating spectrum for commercial use. As another example, H.R. 5486, the SMART Act,
would require NTIA to implement a standardized framework to facilitate sharing of spectrum
between federal and nonfederal users while managing harmful interference. Thus, in addition to
extending the FCC’s spectrum auction authority, Congress is considering policies to enhance
interagency coordination on spectrum reallocation and use.
CRS Analyst Contact:
Jill C. Gallagher, Analyst in Telecommunications Policy
Spectrum Auctions
In September 2018, the FCC released the 5G FAST Plan, which identified several large spectrum
bands for 5G services.16 Starting in 2019, the FCC began auctioning spectrum for 5G. Most of the
auctions are completed. The 2.5 gigahertz (GHz) auction is to begin in July 2022. Table 1
describes the status of all FCC 5G FAST Plan auctions.
Table 1. Status of FCC 5G FAST Plan Auctions
Low Band
600 MHz was auctioned in April 2017 and made 84 megahertz (MHz) of low-band spectrum
available for wireless use. This auction yielded $19.8 bil ion in revenue: $10 bil ion went to
broadcasters for giving up their spectrum, $7 bil ion went to deficit reduction, and $1.75 bil ion
went to repacked broadcasters for relocation costs. In July 2020, the FCC reported that 99% of
the spectrum previously used by broadcasters had been cleared, to make way for commercial
wireless use.
Mid Band
In July 2019, the FCC eliminated eligibility restrictions on Educational Broadband Service (EBS)
licenses (2.5 GHz), removing requirements that licensees be educational institutions; created a
priority window for tribal entities; and decided to auction any remaining spectrum for commercial
wireless use. The FCC began taking its first steps towards an auction in 2022.

In October 2021, the FCC opened the spectrum auction for the 3.45 GHz to 3.55 GHz band. The
FCC closed the auction in January 22, 2022. The auction generated about $22 bil ion and resulted
in the award of over 4,000 licenses to 23 providers.

The Citizens Broadband Radio Service 3.5 GHz auction closed in August 2020, yielding $4.5 bil ion
in revenue. This auction offered the greatest number of licenses in the FCC’s auction history.

In February 2020, the FCC made 280 MHz of C-band (3.7 GHz–4.2 GHz) available for 5G. The
FCC auctioned the spectrum in 100 MHz blocks. This auction began on December 8, 2020, and
concluded in January 2021, raising $81 bil ion, the highest grossing spectrum auction ever.

15 Letter from Jessica Rosenworcel, Federal Communications Commission, Chair, to Senator John Thune, Committee
on Commerce, Science, and Transportation, Subcommittee on Communications, Media, and Broadband, Ranking
Member, March 30, 2022, https://www.fcc.gov/chairwoman-rosenworcels-letters-congress.
16 FCC, “5G FAST Plan,” September 28, 2018, https://www.fcc.gov/document/fccs-5g-fast-plan.
Congressional Research Service

5

The Federal Communications Commission: Selected Issues Under Consideration

High Band
The 28 GHz auction closed January 2019. This auction yielded $700 mil ion in revenue.

The 24 GHz auction closed April 2019. This auction yielded $2 bil ion in revenue.

The 37 GHz, 39 GHz, and 47 GHz auction closed March 2020. This auction yielded $7.5 bil ion in
revenue.
Source: Federal Communications Commission (FCC), “Auctions,” https://www.fcc.gov/auctions.
Notes: This does not include all FCC auctions, only those associated with the 5G FAST Plan.
“Repacking” involves reorganizing television stations in the broadcast television bands so the stations remaining on
the air occupy a smaller portion of the Ultra High Frequency (UHF) band, thereby freeing up a portion of that band
for new wireless services use. See http://www.fcc.gov/about-fcc/fcc-initiatives/incentive-auctions/how-it-works for
additional information.
In addition to spectrum for 5G, the FCC is also managing other spectrum initiatives. For example,
the MOBILE NOW Act of 2018 (P.L. 115-141), enacted March 23, 2018, requires the NTIA and
FCC to identify 255 MHz of federal and nonfederal spectrum for mobile and fixed wireless
broadband use by December 31, 2022.17 The act requires the agencies to identify spectrum bands
for sharing or reallocation, and conduct studies on repurposing other bands for commercial use.
The NTIA is to report on spectrum repurposing efforts annually.18
Pursuant to the act, the FCC and NTIA are currently examining the 3100 MHz to 3450 MHz
band—a band used by the Department of Defense (DOD) for national defense purposes—for
commercial or shared use.19 DOD has sought comment on dynamic spectrum sharing mechanisms
and technologies that would allow shared use in DOD frequency bands.20
An issue that Congress may consider is how to weigh the urgency to allocate spectrum for 5G
against the need to protect mission-essential federal agency use. Some in Congress have sought to
expedite the reallocation of the 3100 MHz to 3450 MHz band. Introduced in April 2022,
companion bills H.R. 7624 and S. 4117, the Spectrum Innovation Act of 2022, would provide
funding for agencies to make additional frequencies in the 3100 MHz to 3450 MHz band
available. While there is general interest among stakeholders to enable sharing and to develop
dynamic spectrum sharing technologies, some wireless industry experts say sharing will be
difficult given the number of DOD systems in the band, and given that the advanced dynamic
spectrum-sharing technologies DOD is seeking are still under development.21
Primary CRS Analyst Contacts:
Jill C. Gallagher, Analyst in Telecommunications Policy (FCC), and Ling Zhu, Analyst in
Telecommunications Policy (NTIA)

17 Consolidated Appropriations Act, 2018 (P.L. 115-141, Division P, Title VI, Section 603).
18 U.S. Department of Commerce, Second Annual Report on the Status of Spectrum Repurposing, December 2020,
https://www.ntia.doc.gov/files/ntia/publications/second_annual_ntia_spectrum_repurposing_report.pdf.
19 U.S. Department of Commerce, Feasibility of Commercial Wireless Services Sharing with Federal Operations in the
3100-3550 MHz Band, July 2020, https://www.ntia.doc.gov/files/ntia/publications/ntia_3100-
3550_mhz_mobile_now_report_to_congress.pdf; and Peter Rysavy, “No Magic Spectrum Sharing Solutions,” Fierce
Wireless, April 26, 2021, https://www.fiercewireless.com/regulatory/no-magic-spectrum-sharing-solutions-rysavy.
20 U.S. Department of Defense, “DOD Seeks Industry Input into Dynamic Spectrum Sharing,” press release, September
18, 2020, https://www.defense.gov/News/Releases/Release/Article/2353932/dod-seeks-industry-input-into-dynamic-
spectrum-sharing/.
21 Peter Rysavy, “No Magic Spectrum Sharing Solutions,” Fierce Wireless, April 26, 2021,
https://www.fiercewireless.com/regulatory/no-magic-spectrum-sharing-solutions-rysavy.
Congressional Research Service

6

The Federal Communications Commission: Selected Issues Under Consideration

For further reading:
CRS Report R45485, Fifth-Generation (5G) Telecommunications Technologies: Issues for
Congress, by Jill C. Gallagher and Michael E. DeVine.
Interference with Existing Technologies and Systems
Some existing spectrum users, including federal agencies performing mission-critical functions,
have raised concerns that new uses of reallocated spectrum, such as for 5G, could interfere with
existing users in adjacent or nearby bands. Four recent examples highlight federal agency
interference concerns with FCC reallocation of spectrum:
 the National Oceanic and Atmospheric Administration (NOAA) raised concerns in 2019
that 5G services in the 24 GHz band could cause harmful interference to passive sensors
on weather satellites;22
 DOD had concerns in 2020 that a terrestrial telecommunications network in the 1-2 GHz
frequency range would interfere with GPS signals and services;
 the Department of Transportation objected in 2020 to the FCC’s decision to reallocate
some spectrum in the 5.9 GHz band reserved for vehicle safety technologies for
unlicensed use;23 and
 the Federal Aviation Administration had concerns in 2022 about 5G base stations
deployed near airports operating in the C-band (3.7-3.98 GHz) interfering with radio
altimeters—navigational equipment on aircraft (4.2-4.4 GHz).24
Some Members in Congress have proposed legislation to improve spectrum planning and
coordination between the FCC and NTIA (representing federal agency spectrum interests), to
accommodate new technologies, protect federal interests, and mitigate interference. For example,
the SMART Act, H.R. 4586, would create a sharing regime between federal and nonfederal users,
while also managing harmful interference. Another bill, H.R. 4990, the ITS Codification Act,
would codify the Institute for Telecommunication Sciences within NTIA, to support its
telecommunications research work, including spectrum sharing and interference research. As
demand for spectrum increases, spectrum disputes may increase as well. Thus, Congress may
consider further action to encourage FCC and NTIA coordination and funding spectrum sharing
and interference mitigation research to enable efficient spectrum access and use.
Primary CRS Analyst Contacts:
Jill C. Gallagher, Analyst in Telecommunications Policy (FCC), and Ling Zhu, Analyst in
Telecommunications Policy (NTIA)

22 Jon Brodkin, “5G Likely to Mess with Weather Forecasts, but FCC Auctions Spectrum Anyway: FCC Auctions
24GHz Spectrum Despite Likely Interference with Weather Satellites,” ArsTechnica, May 14, 2019,
https://arstechnica.com/tech-policy/2019/05/5g-networks-will-likely-interfere-with-us-weather-satellites-navy-warns/.
23 Letter from Steven G. Bradbury, U.S. Department of Transportation, General Counsel, to Douglas Kinkoph,
Associate Administrator, National Telecommunications and Information Administration, March 9, 2020, p. 4,
https://transportation.house.gov/news/press-releases/tandi-committee-leaders-criticize-final-fcc-vote-to-reallocate-part-
of-59-ghz-spectrum-band.
24 CRS In Focus IF12028, Aviation Concerns Regarding the Rollout of 5G Wireless Telecommunications Networks, by
Bart Elias.
Congressional Research Service

7

link to page 12 The Federal Communications Commission: Selected Issues Under Consideration

For further reading:
CRS In Focus IF12046, National Spectrum Policy: Interference Issues in the 5G Context, by Ling
Zhu.
CRS In Focus IF11558, Spectrum Interference Issues: Ligado, the L-Band, and GPS, by Jill C.
Gallagher, Alyssa K. King, and Clare Y. Cho.
CRS In Focus IF12028, Aviation Concerns Regarding the Rollout of 5G Wireless
Telecommunications Networks, by Bart Elias.
Spectrum Coordination
Over 90% of U.S. radio spectrum is shared in some capacity between federal and nonfederal
users. By law, the FCC, which manages nonfederal spectrum use, and NTIA, which manages
federal spectrum use, are required to coordinate spectrum allocations, meet regularly, and conduct
joint spectrum planning.25 The agencies maintain an MOU setting the terms of this coordination.
The purpose of the MOU is to ensure federal and commercial users have access to spectrum,
coordinate allocation, avoid harmful interference, and resolve technical, procedural, and policy
differences between the agencies.26
Experts serving on the Commerce Spectrum Management Advisory Committee (CSMAC) have
raised concern that the MOU has not been updated to improve and ensure effective coordination
between the two agencies.27 In the 117th Congress, legislation (e.g., S. 1472 and H.R. 2501) has
been introduced to try to address such concerns. S. 1472, the Improving Spectrum Coordination
Act of 2021, would require the FCC and NTIA to update their MOU periodically and report to
Congress annually on joint spectrum planning activities. H.R. 2501, the Spectrum Coordination
Act, would also require the two agencies to update the MOU to “improve the process for
resolving frequency allocation disputes in shared or adjacent bands ... expeditiously and
efficiently.”
On February 15, 2022, the FCC and NTIA announced that they had established a formal spectrum
coordination initiative. The initial actions the two agencies committed to are detailed in Table 2.
Table 2. FCC-NTIA Spectrum Coordination Initiative
Reaffirm Roles and
Building on NTIA’s statutory role as manager of the federal government’s use of spectrum,
Responsibilities
the FCC and NTIA will update the 2003 MOU between the agencies to address gaps in
government coordination and better reflect today’s spectrum opportunities and challenges.
Reinstate High
The FCC Chair and NTIA Administrator wil hold formal, regular meetings, beginning
Level Meetings
monthly, to conduct joint spectrum planning. This wil exceed the existing statutory
requirement, as well as the existing MOU between the agencies, which provides that the
FCC Chair and NTIA Administrator meet twice each calendar year.
Renew Efforts to
The FCC and NTIA will col aborate to help inform the development of a national spectrum
Develop a National
strategy, increase transparency around spectrum use and needs, and establish long-term
Spectrum Strategy
spectrum planning and coordination.

25 47 U.S.C. §922.
26 CRS Report R47075, The National Telecommunications and Information Administration (NTIA): Current Roles and
Programs, by Ling Zhu.
27 U.S. Government Accountability Office, NTIA Should Improve Spectrum Reallocation Planning and Assess Its
Workforce, GAO-22-104537, January 27, 2022, p. 25, https://www.gao.gov/assets/gao-22-104537.pdf.
Congressional Research Service

8

The Federal Communications Commission: Selected Issues Under Consideration

Recommit to
The FCC and NTIA will work cooperatively to develop processes for spectrum engineering
Scientific Integrity
compatibility analysis. This wil include a compilation of principles, guidelines, accepted
and Evidence-Based
technical standards, interference protection criteria, propagation models, and other
Policymaking
characteristics.
Revamp Technical
The FCC and NTIA will foster proactive technical exchange and engagement with industry
Col aboration
and other federal agencies by participating in cross-agency advisory groups. To start, the
FCC wil participate as an observer in the Commerce Spectrum Management Advisory
Committee, and NTIA will participate as an observer in the FCC’s Technological Advisory
Council and the Communications Security, Reliability, and Interoperability Council.
Source: National Telecommunications and Information Administration, “New Actions by Chairwoman and
Assistant Secretary Advance U.S. Spectrum Policymaking Through Updated Procedures, Closer Coordination,
and Information Sharing,” February 15. 2022, https://www.ntia.doc.gov/press-release/2022/fcc-ntia-establish-
spectrum-coordination-initiative.
Congress may consider whether the current interagency process is adequate for identifying
potential harmful interference and resolving differences. Options could include mandating terms
of coordination between FCC and NTIA (H.R. 2501), establishing a third-party review process to
resolve spectrum disputes (similar to that formed in the FY2021 National Defense Authorization
Act (P.L. 116-283), section 1662), or allowing the agencies to pursue a cooperative approach
toward spectrum management, coordination, and dispute resolution.
CRS Analyst Contacts:
Ling Zhu, Analyst in Telecommunications Policy, and Jill C. Gallagher, Analyst in
Telecommunications Policy (FCC)
National Security Initiatives
The FCC is implementing several new national security initiatives, related to the Secure and
Trusted Communications Networks Reimbursement Program, the Committee for the Assessment
of Foreign Participation in the U.S. Telecommunications Services Sector (formerly known as
“Team Telecom”), and the identification of “covered equipment”—equipment that poses a threat
to U.S. national security.
Secure and Trusted Communications Network Reimbursement Program28
The FCC manages the Secure and Trusted Communications Network Reimbursement Program,
which reimburses telecommunication providers who have agreed to remove equipment from
Chinese equipment makers Huawei Technologies Co., Ltd., and ZTE Corporation and replace it
with “trusted equipment.” Congress created this program and prioritized assistance to small and
rural providers, and later expanded eligibility to some larger providers and educational
institutions. Entities have one year from the announcement to complete the replacement. The
FCC received nearly $6 billion in requests for funding—about three times the $1.9 billion
appropriated by Congress in the Consolidated Appropriations Act (CAA), 2021 (P.L. 116-260).
On July 15, 2022, the FCC completed its review of applications filed for the Secure and Trusted
Communications Network Reimbursement Program. Based on its review, it estimates that small
providers (those with 2 million or fewer customers) need $4.7 billion to replace Huawei and ZTE
equipment in their networks. With administrative costs, the FCC estimates that $4.98 billion is

28 CRS Insight IN11663, Secure and Trusted Communications Networks Reimbursement Program: Frequently Asked
Questions, by Jill C. Gallagher.
Congressional Research Service

9

The Federal Communications Commission: Selected Issues Under Consideration

needed, representing a shortfall of $3.08 billion from the $1.9 billion Congress appropriated for
the program in the CAA, 2021. The FCC reported to Congress that it will distribute the $1.9
billion in reimbursement funds equally to each applicant, covering about 40% of their expenses.29
There have been proposals to increase funding for the Secure and Trusted Communications
Network Reimbursement Program.
On July 13, 2022, the House Energy and Commerce Committee ordered to be favorably reported
H.R. 7624, the Spectrum Innovation Act of 2022, as amended,30 which would, among other
things, authorize an additional $3.4 billion for the Secure and Trusted Reimbursement Program.
The legislation would authorize an auction of the 3.1 GHz to 3.45 GHz band to raise revenue for
the additional reimbursement. An issue for Congress may be whether additional funding for the
program would be necessary to ensure that network operators remove and replace Huawei and
ZTE equipment.
Committee for the Assessment of Foreign Participation in the U.S.
Telecommunications Services Sector
Pursuant to Section 214 of the Communications Act of 1934, telecommunication providers
seeking to provide service between the United States and a foreign nation must obtain a license
from the FCC. The international Section 214 process seeks to ensure the U.S. market and
networks are protected against potential anti-competitive behavior by a carrier with market power
in a foreign country. The FCC may refer these applications for review by “Team Telecom,” a
group of experts from U.S. national security agencies (e.g., Attorney General, Secretaries of
Homeland Security and Defense), which has operated in some form since 1997.31 Further,
pursuant to Section 310 of the act, if a telecommunication provider seeking to do business in the
United States has a 10% or greater direct or indirect foreign investment, the FCC also refers these
applications for executive agency review. The FCC consults with Team Telecom to inform its
licensing decisions, and to ensure its decisions are in the public interest.32
On April 4, 2020, President Trump issued Executive Order No. 13913,33 which established the
Committee for the Assessment of Foreign Participation in the United States Telecommunications
Services Sector (“the Committee).34 E.O 13913 defines the membership of the Committee,
retaining the existing executive branch agencies and members, and allows expansion of the
committee to include any executive branch agency head and an assistant to the President, as the
President may require. It further designates national security, foreign policy, trade policy, and
economic agencies as “Advisors” to the committee,35 which the DOJ asserts should help to ensure

29 See FCC Chairwoman Rosenworcel’s July 15, 2022, Update to Senators Cantwell, Wicker, Leahy, Shelby and Reps.
McMorris Rodgers, DeLauro, Granger, and Pallone, July 15, 2022, https://www.fcc.gov/chairwoman-rosenworcels-
letters-congress.
30 See U.S. House of Representatives, Committee on Energy and Commerce, markup of H.R. 7624,
https://energycommerce.house.gov/sites/democrats.energycommerce.house.gov/files/documents/H7624_CPT_xml.pdf.
31 FCC, In the Matter of Foreign Participation in the U.S. Telecommunications Market, Report and Order and Order
on Reconsideration (IB Docket No. 97-142), November 25, 1997, p. 3, https://www.fcc.gov/document/rules-and-
policies-foreign-participation-us-telecommunications.
32 47 U.S.C. §214(a) and §310(d).
33 Executive Office of the President, “Establishing the Committee for the Assessment of Foreign Participation in the
United States Telecommunications Services Sector,” 85 Federal Register 19643-19650, April 4, 2020.
34 Previously known as “Team Telecom.”
35 Advisors include the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, the Director of the
Office of Management and Budget, the United States Trade Representative, the Director of National Intelligence, the
Congressional Research Service

10

The Federal Communications Commission: Selected Issues Under Consideration

the Committee’s recommendations reflect a balanced and coordinated review from executive
branch agencies.36 The executive order identifies two license review processes that the Committee
shall or may undertake:
 The Committee shall conduct a review of new license applications referred to it
by the FCC.
 The Committee may conduct a review of existing license applications, with the
majority vote of the committee; if it conducts such a review, it must notify the
Advisors.
E.O. 13913 requires the Committee to make recommendations within 120 days, and no more than
210 days, and stipulates the types of recommendations the committee can make to the FCC in
response to referred applications.37
In September 2020, the FCC adopted rules codifying its review process and referral of
applications to the committee, to align with E.O. 13913.38 In March 2021, the FCC proposed a set
of standardized national security and law enforcement questions related to reportable foreign
ownership that applicants would be required to answer as part of the application review process to
facilitate and expedite FCC and executive branch review of applicant documents.39 While the
FCC formalized the application process, at least one FCC commissioner and some Members of
Congress urged the FCC to examine existing licenses to protect U.S. national security.40 In some
cases, the FCC has taken action to review and revoke existing licenses. In 2021, the FCC revoked
China Telecom Americas’ authorization to provide service within the United States.41 In 2022, the

Administrator of General Services, the Assistant to the President for National Security Affairs, the Assistant to the
President for Economic Policy, the Director of the Office of Science and Technology Policy, the Chair of the Council
of Economic Advisers, and any other Assistant to the President as the President determines appropriate.
36 DOJ, “The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services
Sector,” December 30, 2021, https://www.justice.gov/nsd/committee-assessment-foreign-participation-united-states-
telecommunications-services-sector-0.
37 DOJ, “The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services
Sector—Frequently Asked Questions,” updated December 7, 2021, https://www.justice.gov/nsd/committee-assessment-
foreign-participation-united-states-telecommunication-services-sector.
38 FCC, In the Matter of Process Reform for Executive Branch Review of Certain FCC Applications and Petitions
Involving Foreign Ownership (IB Docket No. 16-155), September 30, 2020.
39 FCC, “International Bureau Seeks Comment on Standard Questions for Applicants Whose Applications Will Be
Referred to the Executive Branch for Review Due to Foreign Ownership,” 86 Federal Register 12312-12399, March 3,
2021.
40 David Shepardson, “FCC Commissioner Calls for New Scrutiny of Undersea Data Cables,” Reuters, September 30,
2020, https://www.reuters.com/article/us-usa-trade-china-telecommunications/fcc-commissioner-calls-for-new-
scrutiny-of-undersea-data-cables-idUSKBN26L3NF. See also U.S. Congress, Senate Committee on Homeland Security
and Governmental Affairs, Permanent Subcommittee on Investigations, Staff Report, Threats to U.S. Networks:
Oversight of Chinese Government-Owned Carriers, 116th Cong., 2nd sess., June 9, 2020, https://www.hsgac.senate.gov/
imo/media/doc/2020-06-09%20PSI%20Staff%20Report%20-
%20Threats%20to%20U.S.%20Communications%20Networks.pdf; and Senate Democrats, “Schumer, Cotton Request
FCC Conduct Review of Prior FCC-Granted Licenses Authorizing Two Chinese Telecom Companies—Owned and
Controlled by the Chinese Government—to Operate in the U.S. Senators’ Letter Follows FCC Recommendations of
Rejection of China Mobile USA’s Application for Same Authorization on National Security Grounds,” press release,
September 16, 2019, https://www.democrats.senate.gov/newsroom/press-releases/schumer-cotton-request-fcc-conduct-
review-of-prior-fcc-granted-licenses-authorizing-two-chinese-telecomm-companies_owned-and-controlled-by-the-
chinese-government—to-operate-in-the-us-senators-letter-follows-fccs-recent-rejection-of-china-mobile-usas-
application-for-same-authorization-on-national-security-grounds.
41 Federal Communications Commission, “FCC Revokes and Terminates China Telecom America’s Authority to
Provide Telecom Services in America,” press release, October 26, 2021, https://www.fcc.gov/document/fcc-revokes-
Congressional Research Service

11

The Federal Communications Commission: Selected Issues Under Consideration

FCC revoked the U.S. authorization of China Unicom to operate in the United States, citing
national security concerns. The FCC ordered China Unicom to discontinue any domestic or
international telecommunications services within the United States by April 4, 2022.42
In her statement on the 2022 decision, FCC Chairwoman Rosenworcel noted that the Commission
relied on executive agency input and a 2020 report by the Senate Select Committee on
Intelligence (SSCI) on threats from Chinese state-owned telecommunications providers operating
in the United States.43 In the 2020 report, the SSCI laid out other recommendations for improving
national security, several of which the FCC has completed (e.g., formalize the review process,
review existing license of China Telecom and China Unicom). The SSCI also recommended
statutorily authorizing the committee created under E.O. 13913 and providing it with resources;
defining roles for other executive branch agencies; coordinating review with the Committee on
Foreign Investment in the United States; requiring the periodic review of national security
agreements between the United States and foreign telecommunication providers; and taking steps
to ensure U.S. companies have access to the Chinese telecommunications market. Congress may
consider implementing the recommendations through legislation, or may allow the FCC to
implement SSCI recommendations through rulemaking.
Identifying Equipment that Poses a Threat to U.S. National Security
The FCC, by law, is required to publish a list of communication equipment and services that pose
a risk to U.S. national security.44 In addition, other federal agencies, such as the Departments of
Commerce and Defense, are identifying entities that pose a risk to their missions and operations.45
A potential challenge for agencies and Congress may be ensuring such lists are integrated and
current.46
Primary CRS Analyst Contacts:
Jill C. Gallagher, Analyst in Telecommunications Policy (FCC), and Ling Zhu, Analyst in
Telecommunications Policy (NTIA)
For further reading:
CRS Insight IN11663, Secure and Trusted Communications Networks Reimbursement Program:
Frequently Asked Questions, by Jill C. Gallagher.

china-telecom-americas-telecom-services-authority.
42 Federal Communications Commission, “China Unicom to Stop U.S. Services,” February 3, 2022,
https://www.fcc.gov/consumers/guides/china-unicom-stop-us-services.
43 Statement of Chairwoman Jessica Rosenworcel regarding China Unicom (Americas) Operations Limited, GN Docket
No. 20-110, January 27, 2022, https://www.fcc.gov/document/fcc-revokes-china-unicom-americas-telecom-services-
authority/rosenworcel-statement.
44 P.L. 116-124.
45 U.S. Department of Defense, “DOD Releases List of Chinese Military Companies in Accordance with Section
1260H of the National Defense Authorization Act for Fiscal Year 2021,” press release, June 3, 2021,
https://www.defense.gov/News/Releases/release/article/2645126/dod-releases-list-of-chinese-military-companies-in-
accordance-with-section-1260/; and U.S. Department of Commerce, “Commerce Department Further Restricts Huawei
Access to U.S. Technology and Adds Another 38 Affiliates to the Entity List,” press release, June 3, 2021,
https://www.defense.gov/News/Releases/Release/article/2645126/dod-releases-list-of-chinese-military-companies-in-
accordance-with-section-1260/.
46 CRS Report R47012, U.S. Restrictions on Huawei Technologies: National Security, Foreign Policy, and Economic
Interests, by Jill C. Gallagher.
Congressional Research Service

12

The Federal Communications Commission: Selected Issues Under Consideration

CRS In Focus IF11251, National Security Implications of Fifth Generation (5G) Mobile
Technologies, by John R. Hoehn and Kelley M. Sayler.
CRS Report R47012, U.S. Restrictions on Huawei Technologies: National Security, Foreign
Policy, and Economic Interests, by Jill C. Gallagher.
Net Neutrality
Net neutrality is the principle that internet service providers (ISPs) must treat all internet
communications equally, offering equal and nondiscriminatory access to online content regardless
of device, application, or platform used and content consumed.47 In a 2015 Order48 promulgated
during the Obama Administration, the FCC adopted rules imposing this principle on ISPs by
classifying broadband internet access service (BIAS)49 as a telecommunications service, regulated
as a common carrier50 service under Title II of the Communications Act (“Title II”). Prior to the
2015 Order, BIAS had been classified as an information service regulated under Title I of the
Communications Act (“Title I”) and was largely exempt from Title II-type regulations. This new
classification was one of the most controversial aspects of the 2015 Order. Various parties
challenged the legality of the 2015 Order. The U.S. Court of Appeals for the District of Columbia,
in 2016, voted to uphold all aspects of the 2015 Order.51
In a 2017 Order52 promulgated under the Trump Administration, the FCC largely reversed the
2015 Order and returned BIAS to regulation under Title I. In the order, the FCC also transferred
most consumer protection oversight of ISPs to the Federal Trade Commission, saying,
Other legal regimes—particularly antitrust law and the FTC’s authority under Section 5 of
the FTC Act to prohibit unfair and deceptive practices—provide protection for consumers.
These long-established and well-understood antitrust and consumer protection laws are
well-suited to addressing any openness concerns.53

47 Rahul Awati, “Net Neutrality,” TechTarget, August 2021, https://www.techtarget.com/searchnetworking/definition/
Net-neutrality.
48 Federal Communications Commission, “Protecting and Promoting the Open Internet” (GN Docket No. 14-28),
Report and Order on Remand and Order on Remand, Declaratory Ruling, and Order (FCC 15-24), February 26, 2015,
https://www.fcc.gov/document/fcc-releases-open-internet-order. Hereinafter, “Protecting and Promoting the Open
Internet,” FCC 15-24.
49 Broadband internet access service is defined as a “mass-market retail service by wire or radio that provides the
capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities
that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access
service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of
the service described in the previous sentence, or that is used to evade the protections set forth in [these Regulations].”
“Protecting and Promoting the Open Internet,” FCC 15-24.
50 A common carrier is defined as “any person engaged as a common carrier for hire, in interstate or foreign
communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to
common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person
is so engaged, be deemed a common carrier.” 47 U.S.C. §153(11).
51 A petition for en banc (full court) review of the ruling was denied and a subsequent petition for U.S. Supreme Court
review was declined. National Public Radio, U.S. Appeals Court Upholds Net Neutrality Rules in Full, June 14, 2016,
https://www.npr.org/sections/thetwo-way/2016/06/14/471286113/u-s-appeals-court-holds-up-net-neutrality-rules-in-
full.
52 Federal Communications Commission, “Restoring Internet Freedom” (WC Docket 17-108), Declaratory Ruling,
Report and Order, and Order (FCC 17-166), December 14, 2017, https://docs.fcc.gov/public/attachments/FCC-17-
166A1.pdf. Hereinafter, “Restoring Internet Freedom,” FCC 17-166.
53 Ibid., para. 140. The FCC also placed some antitrust oversight under the purview of the Department of Justice. See,
Congressional Research Service

13

The Federal Communications Commission: Selected Issues Under Consideration

Net neutrality policy is influenced by shifts in presidential, congressional, and FCC leadership. It
remains a topic of interest to Congress, as evidenced by its inclusion in confirmation hearings of
Commission nominees, and FCC budget and oversight hearings. For example, Chairwoman
Rosenworcel has stated that she supports reinstituting the regulatory framework of the 2015
Order,54 but pending the confirmation of a fifth commissioner or another composition of FCC
commissioners who could reach a majority vote, action is unlikely. President Biden’s nominee for
a third Democratic commissioner, Gigi Sohn, has not been confirmed to date. The Senate
Committee on Commerce, Science, and Transportation held a second hearing on Sohn’s
nomination on February 9, 2022, but on March 3, 2022, the committee “failed to report
favorably” on the nomination.55 No additional action on her nomination has been scheduled to
date.
The debate over the appropriate framework for regulating BIAS continues—whether broadband
should be treated as an information service under Title I or a telecommunications common carrier
under Title II. Previously, the courts have indicated their willingness to defer to the FCC’s
authority to define, and therefore regulate, BIAS; therefore, it is possible that the agency could
issue new rules each time the political majority changes. However, the June 30, 2022, Supreme
Court decision West Virginia v. EPA56 may complicate future FCC rulemakings. In that decision,
the Court weakened its previous emphasis on agency deference and rulemaking authority. Many
observers have noted that Congress could settle the debate through legislation, but to date,
legislation in support of either position has not been passed.
CRS Analyst Contacts:
Patricia Moloney Figliola, Specialist in Internet and Telecommunications Policy (policy issues),
and Chris D. Linebaugh, Legislative Attorney (legal issues)
For further reading:
CRS Report R40616, The Federal Net Neutrality Debate: Access to Broadband Networks, by
Patricia Moloney Figliola.
CRS Report R46973, Net Neutrality Law: An Overview, by Chris D. Linebaugh.
CRS Legal Sidebar LSB10693, ACA Connects v. Bonta: Ninth Circuit Upholds California’s Net
Neutrality Law in Preemption Challenge, by Chris D. Linebaugh.
Quadrennial Media Ownership Review
Section 202(h) of the Telecommunications Act of 199657 requires the FCC to review its
ownership rules every four years and determine whether they “are necessary in the public interest
as the result of competition.” Furthermore, Section 202(h) directs the FCC to “repeal or modify
any regulation it [deems] to be no longer in the public interest.” On December 12, 2018, the FCC

for example, “Restoring Internet Freedom,” FCC 17-166, para. 203.
54 “Biden’s New FCC Chair May Signal a Return to Net Neutrality, But It Could Take a While,” Fortune, November
15, 2021, https://fortune.com/2021/11/15/new-fcc-chair-net-neutrality-biden-jessica-rosenworcel/.
55 PN1536—Gigi B. Sohn—Federal Communications Commission, https://www.congress.gov/nomination/117th-
congress/1536.
56 West Virginia v. Environmental Protection Agency, 597 U.S.__ _ (2022), https://www.supremecourt.gov/opinions/
21pdf/20-1530_n758.pdf.
57 Telecommunications Act of 1996, P.L. 104-104, §202(h), 110 Stat. 56, 111-12 (1996).
Congressional Research Service

14

The Federal Communications Commission: Selected Issues Under Consideration

adopted a Notice of Proposed Rulemaking (NPRM) commencing its 2018 Quadrennial Review of
its media ownership rules.58 Shortly thereafter, the FCC put the proceeding on hold while it
awaited legal decisions related to the rules adopted in its combined 2010/2014 Quadrennial
review proceeding. On April 1, 2021, the U.S. Supreme Court (in a 9-0 decision) upheld the
FCC’s rules, rejecting an appeal brought by a coalition of public interest groups led by
Prometheus Radio Project.59
After the Court decided in its favor, in June 2021, the FCC opened a new proceeding to add
updated information from commenters in its 2018 Quadrennial Media Ownership Review.60
Specifically, the agency requested comment regarding the broadcast industry’s evolution since
early 2019 and its current trajectory, including the effects, if any, of technological change, new
entry, consolidation, or changing market conditions. The FCC also requested comment on the
development and impact of technological advances and industry practices.
In January the agency staff stated that it did not intend to combine the 2018 and 2022 reviews
because Section 202(h) says the FCC “shall” review broadcast ownership rules every four years.61
The current FCC has interpreted that to mean that discrete reviews are required, despite that the
Commission previously combined the 2010 and 2014 reviews.62 As of June 2022, the agency had
not initiated its 2022 review. Until the FCC completes its 2018 Quadrennial Review, its reviews
of whether proposed transactions involving broadcast television stations comply with its media
ownership rules could be delayed.63 The Commission’s rulings on such transactions could affect
consumers and the number of separate local newscasts within a community and the cost of
broadcast station retransmission rights included in their monthly cable or satellite subscription
charges.
For example, as of June 2022, the FCC continued to review an application to transfer control of
TEGNA Inc., the owner of 64 broadcast TV stations and 2 radio stations, to SGCI Holdings.64 To

58 Federal Communications Commission, “2018 Quadrennial Regulatory Review—Review of the Commission’s
Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of
1996” (MB Docket 18-349), Notice of Proposed Rulemaking, December 12, 2018, https://www.fcc.gov/document/fcc-
commences-2018-quadrennial-review-media-ownership-rules-0.
59 FCC v. Prometheus Radio Project, 151 S. Ct. 1150 (2021).
60 Federal Communications Commission, “Media Bureau Seeks to Update the Record in the 2018 Quadrennial
Regulatory Review” (MB Docket 18-349, DA 21-657), News Release, June 4, 2021, https://docs.fcc.gov/public/
attachments/DA-21-657A1.pdf.
61 Monty Tayloe, “FCC Won’t Roll 2018, 2022 QRs Together: Bureau Staff,” Communications Daily, January 28,
2022.
62 Federal Communications Commission, “2014 Quadrennial Regulatory Review—Review of the Commission’s
Broadcast Ownership Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996; 2010
Quadrennial Regulatory Review—Review of the Commission’s Ownership Rules Adopted Pursuant to Section 202 of
the Telecommunications Act of 1996; Promoting Diversification of Ownership in the Broadcasting Service; Rules and
Policies Concerning Attribution of Joint Sales Agreements in Local Television Markets, Second Report and Order,
FCC 116-107,” 31 FCC Record 8964, August 25, 2016. Current broadcast attribution rules are listed in 47 C.F.R.
§73.3555, Note 2.
63 To help it enforce its media ownership rules, the FCC has developed attribution rules “to identify those interests in or
relationships to licensees that confer a degree of influence or control such that the holders have a realistic potential to
affect the programming decisions of licensees or other core operating functions.” Federal Communications
Commission, “Review of the Commission’s Regulations Governing Attribution of Broadcast and Cable/MDS Interests,
Review of the Commission’s Regulations and Policies Affecting Investment in the Broadcast Industry, Reexamination
of the Commission’s Cross-Interest Policy, Report and Order, FCC 99-207,” 14 FCC Record 12559, August 6, 1999.
64 Federal Communications Commission, “Proceedings & Actions, Mergers & Transactions, Transactions, Standard
General and Tegna, MB Docket 22-162,” at https://www.fcc.gov/transaction/standard-general-tegna.
Congressional Research Service

15

The Federal Communications Commission: Selected Issues Under Consideration

fund the transaction, Cox Media, which owns 33 broadcast television stations and 54 radio
stations, and additional subsidiaries of its parent company, investment firm Apollo Management
Group, are to purchase non-voting shares in the subsidiary SGCI.65 TEGNA and SGCI told the
FCC that under the FCC’s rules, neither Cox Media nor Apollo would have an attributable
interest in SGCI after SGCI purchases TEGNA’s stations.66 In addition, the parties assured the
FCC that Cox Media and TEGNA would not jointly negotiate agreements with satellite and cable
operators to retransmit the television stations’ signals.67
Cox and Tegna each own a television station affiliated with one of the four major networks (ABC,
CBS, FOX, and NBC) in six markets: Atlanta, GA; Seattle-Tacoma, WA; Charlotte, NC;
Jacksonville, FL; Memphis, TN; and Spokane, WA.68 The FCC’s current “duopoly” rules
generally prohibit a single company from owning more than one major station in each of those
markets. However, the FCC may waive the rules on a case-by-case basis, if it determines that
doing so would serve the public interest.
As this example illustrates, the FCC’s decision with respect to its media ownership rulemaking
proceeding, i.e., whether to retain or amend the rules, will have a significant impact on both
television viewers and industry participants.
CRS Analyst Contact:
Dana Scherer, Specialist in Telecommunications Policy
For further reading:
CRS Report R45338, Federal Communications Commission (FCC) Media Ownership Rules, by
Dana A. Scherer.
Broadband Labels
In January 2022, the FCC adopted an NPRM, “Empowering Broadband Consumers Through
Transparency,” to create new broadband labels.69 Congress directed the FCC to create these labels
as part of the Infrastructure Investment and Jobs Act (P.L. 117-58) as a consumer protection. The

65 Cox Enterprises, Inc., “Cox Enterprises Announces Close of Cox Media Group Sale to Affiliates of Apollo Global
Management,” press release, December 17, 2019, at https://www.prnewswire.com/news-releases/cox-enterprises-
announces-close-of-cox-media-group-sale-to-affiliates-of-apollo-global-management-300976507.html; TEGNA Inc.
and SGCI Holdings Amended Comprehensive Exhibit [Public Interest Statement] March 23, 2022, p. 4, n. 11, at
https://www.fcc.gov/transaction/standard-general-tegna (Application Documents, “Public Interest Statement”).
66 Teton Parent Corporation [a subsidiary of SGCI] Petition for Declaratory Ruling Under Section 310(b)(4) of the
Communications Act of 1934, as Amended, March 10, 2022, p. 6, n. 15, at https://enterpriseefiling.fcc.gov/dataentry/
views/public/assignmentDraftCopy?displayType=html&appKey=25076ff37f8fa68f017f998e7ee00cbd&id=
25076ff37f8fa68f017f998e7ee00cbd&goBack=N.
67 Christopher Cole, “Tegna Says Apollo, Cox Won’t Partake in Retransmission Talks,” Law 360, June 14, 2022, at
https://www.law360.com/articles/1502713/tegna-says-apollo-cox-won-t-partake-in-retransmission-talks (available via
subscription). §103 of the Satellite Extension and Localism Reauthorization Act also prohibits a television broadcast
station from negotiating a retransmission consent contract jointly with another broadcast station in the same market,
regardless of its audience size, unless the FCC considers the stations to be directly or indirectly owned, operated, or
controlled by the same entity. Thus, the FCC’s attribution rules affect a station’s retransmission consent negotiations.
68 Justin Nielson, “Standard-General’s Buyout of TEGNA Values the Stations at 8.3x 2022-23 Cash Flow,” S&P
Capital IQ, March 4, 2022.
69 Federal Communications Commission, “Empowering Broadband Consumers Through Transparency” (CG Docket
22-2), Notice of Proposed Rulemaking, January 6, 2022, https://www.fcc.gov/document/empowering-broadband-
consumers-through-transparency.
Congressional Research Service

16

The Federal Communications Commission: Selected Issues Under Consideration

rulemaking proceeding invited comment on the FCC’s proposal, which would require, among
other things, that ISPs display, at the point of sale, labels to disclose to consumers certain
information about prices, introductory rates, data allowances, broadband speeds, and management
practices. Comments were due March 9, 2022, and reply comments were due March 24, 2022.
The FCC has also conducted three public hearings to inform labeling requirements. The hearings
were held on March 11, 2022, April 7, 2022, and May 25, 2022. The hearings included
presentations from federal agency representatives, outside experts, and consumers.
Although the FCC created similar labels in 2016, those labels were voluntary and contained less
information than would be required in the proposed labels. The goal of the updated labels is to
“make sure consumers know what they’re paying for” and “increase incentives for carriers to
compete on price and service.”70 ISPs were broadly supportive of broadband labels, but
commented on a number of issues, including specific proposed content and format of labels.
Some proposed including information on network technology and other parameters not originally
included in the 2016 labels, while others expressed concerns that overly complex labels might
defeat the purpose of presenting clear summary information to consumers, or else pose
unnecessary compliance burdens to ISPs—especially smaller companies.71 The rulemaking
proceeding had not concluded at the time of this report’s publication. Congress may wish to
exercise oversight of the rulemaking process to ensure FCC implementation of the legislation
conforms to congressional intent.
CRS Analyst Contact:
Brian E. Humphreys, Analyst in Science and Technology Policy
For further reading:
CRS Report R46967, The Infrastructure Investment and Jobs Act (P.L. 117-58): Summary of the
Broadband Provisions in Division F, coordinated by Patricia Moloney Figliola.
Robocall Rules Enforcement
In recent years, unwanted robocalls have been a top constituent complaint received by Members
of Congress, as well as the top consumer complaint received by the FCC.72 In response to an FCC
mandate, the telecommunications industry developed and has largely implemented a framework
known as “STIR/SHAKEN.”73 STIR/SHAKEN is a set of protocols and standards used to verify
the source of calls and enable carriers to identify those making them. While robocalls originating
from within the United States have decreased with the implementation of STIR/SHAKEN,
robocalls originating outside the United States that spoof U.S. phone numbers have not. In

70 Ibid.
71 For an example of the former, see FCC, Wireline Competition Bureau, The Fiber Broadband Association, WC
Docket No. 2-22, Washington, DC, March 24, 2022, at https://www.fcc.gov/ecfs/file/download/DOC-
5fef653862c00000-A.pdf. For examples of the latter concerns on complexity and compliance burdens, see FCC,
Wireline Competition Bureau, Joint Reply Comments of NTCA—The Rural Broadband Association and The Wireless
Internet Service Providers, WC Docket No. 2-22, Washington, DC, March 24, 2022, at https://www.fcc.gov/ecfs/file/
download/DOC-5fef583afd000000-A.pdf; FCC, ACA Connects, WC Docket No. 2-22, Washington, DC, March 24,
2022, at https://www.fcc.gov/ecfs/file/download/DOC-5fef9a27b8000000-A.pdf.
72 Federal Communications Commission, “TRACED Act Implementation,” Updated November 5, 2021,
https://www.fcc.gov/TRACEDAct.
73 Ibid. There are numerous FCC actions related to STIR/SHAKEN, all of which are described on the FCC’s
“TRACED Act Implementation” page.
Congressional Research Service

17

The Federal Communications Commission: Selected Issues Under Consideration

response to this continuing problem, on May 20, 2022, the FCC adopted rules requiring
“gateway” carriers, which are the point of entry for foreign calls into the United States, to
implement STIR/SHAKEN.74 It also adopted a Further Notice of Proposed Rulemaking seeking
comment on additional ways to address illegal robocalls, and an Order on Reconsideration that
expands the prohibition on accepting calls from providers not listed in the Robocall Mitigation
Database to include calls from foreign intermediate providers.
CRS Analyst Contact:
Patricia Moloney Figliola, Specialist in Internet and Telecommunications Policy
For further reading:
CRS Report R46311, Federal Communications Commission: Progress Protecting Consumers
from Illegal Robocalls, by Patricia Moloney Figliola.
Public Safety
The FCC may monitor or focus on several public safety initiatives in 2022, such as the 9-8-8
Suicide Prevention Line, which launched on July 16, 2022.75 The FCC adopted rules in July 2020
establishing 9-8-8 as the nationwide number for people in crisis. The rules also require providers
to direct all 9-8-8 calls to the existing National Suicide Prevention Lifeline, which counsels and
refers people to community-based mental health services.76 Some Members of Congress
expressed concern that the hotline may not provide precise geolocation of callers, which could
delay necessary help to save lives.
The FCC issued a report in August 2021 on a nationwide test of wireless emergency alerts
(WEA)—alerts to cell phones. The FCC’s Public Safety and Homeland Security Bureau is
examining results of the tests, including reported issues with alerts (e.g., non-receipt of WEA
alerts, duplicate alerts, geo-targeting accuracy) and appropriate measures to improve WEA’s
reliability.
The FCC has also focused on improving geolocation of 9-1-1 calls. The FCC established a
timeline for improvements, including several in 2022 (e.g., that telecom providers provide 9-1-1
centers a dispatchable location for wireless callers, or z-axis location, such as the floor that the
caller may be on); the FCC has additional improvements planned for future years.77
CRS Analyst Contact:
Jill C. Gallagher, Analyst in Telecommunications Policy
For further reading:
CRS Report R45253, Next Generation 911 Technologies: Select Issues for Congress, by Jill C.
Gallagher.

74 Federal Communications Commission, “Empowering Broadband Consumers Through Transparency” (CG Docket
22-2), Notice of Proposed Rulemaking, January 6, 2022, https://www.fcc.gov/document/empowering-broadband-
consumers-through-transparency.
75 For more information, see FCC, “Suicide Prevention Hotline,” https://www.fcc.gov/suicide-prevention-hotline.
76 CRS Report R46555, Federal Efforts to Address the Mental Health of First Responders: Resources and Issues for
Congress, coordinated by Johnathan H. Duff.
77 FCC, “Indoor Location Accuracy Timeline,” https://www.fcc.gov/public-safety-and-homeland-security/policy-and-
licensing-division/911-services/general/location-accuracy-indoor-benchmarks.
Congressional Research Service

18

The Federal Communications Commission: Selected Issues Under Consideration

Author Information

Patricia Moloney Figliola, Coordinator
Colby Leigh Rachfal
Specialist in Internet and Telecommunications
Analyst in Telecommunications Policy
Policy

Jill C. Gallagher
Dana A. Scherer
Analyst in Telecommunications Policy
Specialist in Telecommunications Policy

Brian E. Humphreys

Analyst in Science and Technology Policy

Key Policy Staff
Topic
Primary Point(s) of Contact
Broadband Data and Mapping
Colby Leigh Rachfal, Analyst in Telecommunications Policy
5G

General
Jil C. Gallagher, Analyst in Telecommunications Policy
Spectrum Interference
Jil C. Gallagher, Analyst in Telecommunications Policy
Spectrum Coordination
Jil C. Gallagher, Analyst in Telecommunications Policy (FCC)
Ling Zhu, Analyst in Telecommunications Policy (NTIA)
National Security Concerns
Jil C. Gallagher, Analyst in Telecommunications Policy
5G Rural Fund
Jil C. Gallagher, Analyst in Telecommunications Policy
Net Neutrality

Policy Issues
Patricia Moloney Figliola, Specialist in Internet and Telecommunications
Policy
Legal Issues
Chris D. Linebaugh, Legislative Attorney
Quadrennial Media Ownership Review Dana Scherer, Specialist in Telecommunications Policy
Broadband Labels
Brian E. Humphreys, Analyst in Science and Technology Policy
Robocall Rules Enforcement
Patricia Moloney Figliola, Specialist in Internet and Telecommunications
Policy
Public Safety
Jil C. Gallagher, Analyst in Telecommunications Policy
Congressional Research Service

19

The Federal Communications Commission: Selected Issues Under Consideration

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R47192 · VERSION 1 · NEW
20