FCC Spectrum Auction Authority: Background and Proposals for Extension

FCC Spectrum Auction Authority: Background and Proposals for Extension

FCC Spectrum Auction Authority: Background
December 30, 2022
and Proposals for Extension
Jill C. Gallagher
Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions
Analyst
and is a finite and valuable resource. It is necessary for companies seeking to provide wireless
Telecommunications
services, such as radio broadcasting, mobile communications, and satellite services. In 1934,
Policy
Congress created the Federal Communications Commission (FCC), an independent agency, to

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

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

for rights to use specific frequencies for commercial wireless communications. That authority
was originally due to expire on September 30, 1998, but Congress has extended it several times. The most recent long-term
extension, granted as part of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96), was set to expire on
September 30, 2022. Four additional extensions were made during the 117th Congress:
 On September 30, 2022, President Biden signed the Continuing Appropriations and Ukraine Supplemental
Appropriations Act, 2023 (P.L. 117-180, H.R. 6833).
Division C, Section 101 amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend the
FCC’s spectrum auction authority through December 16, 2022.
 On December 16, 2022, President Biden signed the Further Continuing Appropriations and Extensions Act,
2023 (H.R. 1437, P.L. 117-229).
Division B, Title I, Section 101 amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend
the FCC’s spectrum auction authority from December 16, 2022, to December 23, 2022.
 On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations and
Extensions Act, 2023 (H.R. 4373, P.L. 117-264).
Division B, Title I, Section 101 amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend
the FCC’s spectrum auction authority from December 23, 2022, to December 30, 2022.
 On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (H.R. 2617).
Division O, Title IX, Section 901 amended the Communications Act of 1934 (47 U.S.C. 309(j)(11)) to
extend the FCC’s spectrum auction authority from December 30, 2022, to March 9, 2023.
Supporters of an extension of the FCC’s auction authority see auctions as an effective means to manage spectrum access and
use. During the 117th Congress, Members introduced several pieces of legislation to extend the FCC’s spectrum auction
authority, either as stand-alone legislation (H.R. 7783) or as part of comprehensive spectrum legislation (H.R. 7624 and S.
4117). On July 27, 2022, the House passed the Spectrum Innovation Act of 2022 (H.R. 7624), to extend the spectrum auction
authority until March 31, 2024; require the auction of the 3.1-3.45 GHz band; and allocate auction revenues to fund 911
improvements and the Secure and Trusted Communications Network Reimbursement Program. The Secure and Trusted
Communications Network Reimbursement Program pays to “rip and replace” untrusted equipment from U.S.
telecommunication networks.
With the FCC spectrum auction authority now extended through March 9, 2023, Members are reportedly debating the
duration of a future extension and the best legislative vehicle for the extension, whether in a stand-alone bill, annual
appropriation bill, or some other vehicle. Members are also continuing to discuss the development of a comprehensive
spectrum package that would include a further extension among other provisions.
Representative Mike Doyle, Chairman of the Committee on Energy and Commerce’s Subcommittee on Communications and
Technology, urged Senate concurrence on H.R. 7624; however, some Senators do not agree with certain elements of the bill.
Some Senators support an approach similar to that used in P.L. 112-96, which provided a long-term extension of the FCC’s
spectrum auction authority (e.g., 10-year), named several frequency bands for auction, and specified uses for spectrum
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FCC Spectrum Auction Authority: Background and Proposals for Extension

auction revenue. Given recent spectrum disputes, some Senators would also like to include provisions to improve interagency
coordination on spectrum decisions in a comprehensive spectrum bill.
If Congress does not reach agreement to extend the FCC’s spectrum auction authority by March 9, 2023, the FCC will no
longer be able to auction spectrum licenses for particular bands, potentially creating uncertainty for agencies and industry.
Congress could extend the FCC’s auction authority through stand-alone legislation, such as H.R. 7783; comprehensive
legislation, such as H.R. 7624; annual appropriation bills; or some other legislative vehicle.

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Contents
Introduction ..................................................................................................................................... 1
History of the FCC’s Spectrum Auction Authority ......................................................................... 2
Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority ....................... 3
Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783) ........................ 3
Spectrum Innovation Act of 2022 (H.R. 7624) ......................................................................... 4
Spectrum Innovation Act of 2022 (S. 4117) .............................................................................. 5
Senate Hearing: “The Future of Spectrum” ..................................................................................... 5
Temporary Extensions of the FCC’s Spectrum Auction Authority ................................................. 6
December 16, 2022 ................................................................................................................... 6
December 23, 2022 ................................................................................................................... 6
December 30, 2022 ................................................................................................................... 6
March 9, 2023 ........................................................................................................................... 7
What Happens If the FCC’s Spectrum Auction Authority Lapses? .......................................... 7
Options for Congress ....................................................................................................................... 7
Discussion ................................................................................................................................. 7

Figures
Figure 1. Timeline of Changes to the FCC’s Spectrum Auction Authority ..................................... 4

Tables
Table 1. FCC Spectrum Authority: Congressional Options............................................................. 9

Contacts
Author Information ........................................................................................................................ 10

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FCC Spectrum Auction Authority: Background and Proposals for Extension

Introduction
Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions
and is a finite and valuable resource. It is necessary for companies seeking to provide wireless
services, such as radio broadcasting, mobile communications, and satellite services. In 1934,
Congress created the Federal Communications Commission (FCC), an independent agency, to
manage nonfederal use of spectrum. The FCC allocates segments of usable and available
spectrum for various uses, such as radio broadcasting, mobile communications, satellite services,
and land mobile radio communications. It grants licenses to nonfederal entities to use specific
frequencies within those bands and sets terms and conditions to serve the public interest, avoid
interference between users, and promote the most efficient use of spectrum. According to the
FCC, “Managing the airwaves is arguably the agency’s most important function. Nearly every
commercial device that transmits a wireless signal on a radio frequency, from AM radios to
satellites to 5G cell phones, must comply with our rules, from licensing to interference.”1
In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses
for rights to use specific frequencies for commercial wireless communications. That authority
was originally due to expire on September 30, 1998, but Congress has extended it several times.
The most recent long-term extension in 2012—through September 30, 2022—was granted as part
of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96). Four additional
extensions were made during the 117th Congress:
 On September 30, 2022, President Biden signed the Continuing Appropriations
and Ukraine Supplemental Appropriations Act, 2023 (P.L. 117-180, H.R. 6833).
Division C, Section 101 amended the Communications Act of 1934 (47 U.S.C.
309(j)(11)) to extend the FCC’s spectrum auction authority through December
16, 2022.
 On December 16, 2022, President Biden signed the Further Continuing
Appropriations and Extensions Act, 2023 (H.R. 1437, P.L. 117-229).
Division B, Title I, Section 101 amended the Communications Act of 1934 (47
U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from
December 16, 2022, to December 23, 2022.
 On December 23, 2022, President Biden signed the Further Additional
Continuing Appropriations and Extensions Act, 2023 (H.R. 4373, P.L. 117-264).
Division B, Title I, Section 101 amended the Communications Act of 1934 (47
U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from
December 23, 2022, to December 30, 2022.
 On December 29, 2022, President Biden signed the Consolidated Appropriations
Act, 2023 (H.R. 2617).2
Division O, Title IX, Section 901 amended the Communications Act of 1934 (47
U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from
December 30, 2022, to March 9, 2023.
During the 117th Congress, Members introduced several pieces of legislation that would extend
the FCC’s spectrum auction authority, either as stand-alone legislation or as part of
comprehensive spectrum legislation. The Spectrum Innovation Act of 2022 (S. 4117), introduced

1 FCC Podcast, More than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from
‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, at https://www.fcc.gov/news-events/podcast.
2 The Public Law number was not available at the time of publication.
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on April 28, 2022, would auction the 3.1-3.45 GHz band of spectrum and would extend the
FCC’s auction authority to auction this segment for seven years from the enactment of the bill.
The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), introduced on
May 16, 2022, would extend FCC auction authority through March 31, 2024. On July 27, 2022,
the House passed a comprehensive spectrum package, the Spectrum Innovation Act of 2022 (H.R.
7624), which would extend FCC auction authority through March 2024. Among its other
provisions, the bill would require the auction of the 3.1-3.45 Gigahertz (GHz) band, and allocate
auction revenues to fund next generation 911 improvements and the Secure and Trusted
Communications Network Reimbursement Program—a program to “rip and replace” untrusted
equipment from U.S. telecommunication networks. The bill has been under consideration in the
Senate.
This report provides a brief history of FCC spectrum auction authority, legislative activity in the
117th Congress, and a discussion of policy options.
History of the FCC’s Spectrum Auction Authority
Congress added Section 309(i) to the Communications Act of 1934 in the Omnibus Budget
Reconciliation Act of 1981 (P.L. 97-35),3 granting the FCC authority to assign licenses to pre-
qualified applicants by random selection (i.e., lottery). Under the lottery system, these applicants
would apply for spectrum licenses and the FCC would randomly assign frequencies to them.
However, as stated by the FCC in a 1997 report to Congress, the pre-qualification process itself
often took many months (20 months in one case), and some license winners had “no intention of
providing service to the public” and instead “were eager to trade their license rights for windfall
profits.”4
Such profiteering led Congress to grant the FCC authority to conduct auctions to assign spectrum.
Congress added Section 309(j) to the Communications Act of 1934 in the Omnibus Budget
Reconciliation Act of 1993 (P.L. 103-66, §6002),5 which allowed the FCC to use competitive
bidding (i.e., auctions) to grant spectrum licenses.6 The act required the FCC to protect the public
interest and promote specific objectives, such as speeding deployment of new technology and
services to rural regions, increasing competition and diversity among licensees, recovering some
of the value of this federal resource for the public, and achieving the most efficient use of
spectrum.7 By awarding licenses to the highest bidders from a diverse pool and including build-
out requirements as a condition of licensing, the FCC could ensure that spectrum-holders were
ready and able to use the spectrum, to provide services to consumers in all areas, and to enhance
competition. Under this act, the FCC’s auction authority would have expired on September 30,
1998.

3 See Communications Act of 1934, as amended (§309(i)), at https://transition.fcc.gov/Reports/1934new.pdf.
4 Federal Communications Commission, Report to Congress on Spectrum Auctions, FCC 97-353, adopted September
30, 1997, released October 9, 1997, p. 7, at https://wireless.fcc.gov/auctions/data/papersAndStudies/fc970353.pdf.
5 The Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, §6002, 107 Stat. 312, 387-392.
6 Sections 309(j)(7) and (8) discuss treatment of revenue from spectrum auctions, and state that the FCC may not base a
finding of public interest, convenience, and necessity solely or predominantly on the expectation of federal revenue.
7 FCC, In the Matter of Proposals to Reform the Commission’s Comparative Hearing Process to Expedite the
Resolution of Cases (Gen. Docket No. 90-264), Notice of Proposed Rulemaking, May 10, 1990, p. 4050, at
https://www.fcc.gov/document/amendment-proposals-reform-comparative-hearing-process-expedite.
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On August 5, 1997, Congress extended the FCC’s auction authority for 10 years through the
passage of the Balanced Budget Act of 1997 (P.L. 105-33, §3002), allowing the FCC to use
competitive bidding for license applications through September 30, 2007.
The Deficit Reduction Act of 2005 (P.L. 109-171, §3003), enacted February 8, 2006, extended
FCC auction authority for four years, through September 30, 2011. The act specified that $7.363
billion of proceeds from the authorized auctions be applied to deficit reduction. It also set aside a
portion of the proceeds for digital television transition and public safety communications, and
created the Digital Television Transition and Public Safety Fund.8
The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended FCC
auction authority for one year, through September 30, 2012, to manage the auctions mandated
under P.L. 109-171.
The Middle-Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96, Title VI) included
several spectrum-related provisions. It established a process for television broadcasters to release
spectrum licensed to them and for the FCC to auction that spectrum for commercial use. It
included provisions to auction certain spectrum and apply revenues from those auctions toward
deficit reduction. It also required revenues be used to establish a new agency to manage the
public safety broadband network (First Responder Network Authority), to build out that network,
and to fund several new public safety programs and initiatives. The act (§6405) also extended the
FCC’s auction authority for 10 years, through September 30, 2022.
The Spectrum Pipeline Act of 2015, which was included as Title X in the Bipartisan Budget Act
of 2015 (P.L. 114-74), requires the FCC to auction certain spectrum as specified in Section
1004(a) of the act. The act extends FCC auction authority for this spectrum through September
30, 2025. A “spectrum pipeline plan” refers to the federal government selecting specific
frequencies for auction and setting the timeline for conducting these auctions. Figure 1 illustrates
the timeline of changes to the FCC’s spectrum auction authority, which is due to expire on
September 30, 2022, except for certain spectrum auctioned under the authority of the Spectrum
Pipeline Act of 2015.
Proposals in the 117th Congress to Extend the FCC’s
Spectrum Auction Authority
In anticipation of the FCC’s spectrum auction authority expiring on September 30, 2022, some
Members introduced legislation during the 117th Congress to extend it.
Extending America’s Spectrum Auction Leadership Act of 2022
(H.R. 7783)
The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), introduced on
May 16, 2022, would extend FCC auction authority through March 31, 2024 (i.e., 18 months
from its September 30, 2022, expiration). The House Energy and Commerce Committee’s
Subcommittee on Communications and Technology approved the bill on June 15, 2022, with
bipartisan support.

8 For more information, see CRS Report R40674, Spectrum Policy in the Age of Broadband: Issues for Congress, by
Linda K. Moore. For further information, congressional readers may contact Jill C. Gallagher or Patricia Moloney
Figliola.
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Figure 1. Timeline of Changes to the FCC’s Spectrum Auction Authority
(1981-2022)

Source: CRS.
Spectrum Innovation Act of 2022 (H.R. 7624)
The Spectrum Innovation Act of 2022 (H.R. 7624), introduced on April 28, 2022, was passed by
the House on July 27, 2022 (H.Rept. 117-429), and referred to the Senate Committee on
Commerce, Science, and Transportation. The bill, as passed by the House, would extend the
FCC’s spectrum auction authority through March 31, 2024 (the same timeline proposed and
approved by the House Energy and Commerce Committee’s Subcommittee on Communications
and Technology in H.R. 7783).
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This bill would also specify a process for auctioning a segment of spectrum between 3.1 GHz and
3.45 GHz for nonfederal use, shared federal and nonfederal use, or a combination of uses.
Specifically, the bill would allow federal entities operating in the band (i.e., Department of
Defense [DOD]) to use funding from the Spectrum Relocation Fund9 for the purpose of research
and development, engineering studies, economic analyses, activities with respect to reconfiguring
systems,10 or other planning activities to make spectrum available for nonfederal or shared federal
and nonfederal use. Among other things, the bill would establish the Public Safety and Secure
Networks Fund and direct a portion of spectrum auction proceeds for specific purposes. The bill
would provide $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted
Communications Networks Reimbursement Program—a program that reimburses
telecommunications providers for replacing equipment that poses risks to national security and
safety.11 Additionally, the bill would also make available $10 billion from such revenues to
improve 911 systems and services.
Spectrum Innovation Act of 2022 (S. 4117)
The Spectrum Innovation Act of 2022 (S. 4117), introduced on April 28, 2022, would auction the
3.1-3.45 GHz band of spectrum and would extend the FCC’s auction authority to auction this
segment for seven years from the date of enactment of the bill. The bill directs the Office of
Management and Budget to transfer funding from the Spectrum Relocation Fund to federal
entities to plan and conduct studies to facilitate the reallocation, with oversight from the National
Telecommunications and Information Administration (NTIA) and the Executive Office of the
President. It requires the Department of Commerce (DOC) to identify 200 MHz for reallocation
and to work with DOD, FCC, and the White House Office of Science and Technology Policy to
make spectrum available for new uses, while also protecting incumbent users. The bill was
referred to the Committee on Commerce, Science, and Transportation.
Senate Hearing: “The Future of Spectrum”
On August 2, 2022, the Senate Committee on Commerce, Science, and Transportation’s
Subcommittee on Communications, Media, and Broadband held a hearing, “The Future of
Spectrum.”12 Senator Ben Ray Luján, Chair of the Subcommittee, Senator Roger Wicker, ranking
member of the full committee, and Senator John Thune, ranking member of the subcommittee,
noted the importance of renewing the FCC’s spectrum authority in their opening statements.
Many committee members expressed support for a short-term extension of FCC authority,
continued work on a long-term spectrum strategy, and enhanced coordination between the FCC
and NTIA to balance commercial and federal agency needs.13

9 As authorized by the Commercial Spectrum Enhancement Act, Title II of P.L. 108-494, the Spectrum Relocation
Fund provides a centralized and streamlined funding mechanism through which federal agencies can recover the costs
associated with relocating their radio communications systems or sharing the reallocated spectrum.
10 The auction of the 3.1-3.45 GHz band was authorized in the Infrastructure Investment and Jobs Act (P.L. 117-58,
§90008(b)); H.R. 7624 proposes to repeal §90008.
11 For more information on the program, see CRS Insight IN11663, Secure and Trusted Communications Networks
Reimbursement Program: Frequently Asked Questions, by Jill C. Gallagher.
12 U.S. Congress, Senate Committee on Commerce, Science, and Transportation, Subcommittee on Communication,
Media, and Broadband, Future of Spectrum, 117th Cong., 2nd sess., August 2, 2022, at
https://www.commerce.senate.gov/2022/8/future-of-spectrum.
13 See opening statements of Senators Luján, Wicker, and Thune. “Senate Hearing on Wireless Spectrum,” C-
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Industry witnesses supported approval of a short-term extension to ensure FCC authority does not
lapse, especially as the FCC was (at the time of the hearing), conducting the auction of 2.5 GHz
spectrum. They also asserted that a short-term extension would allow Congress and agency
stakeholders time to develop comprehensive spectrum legislation that would, among other things,
identify a spectrum pipeline and determine how to spend spectrum auction revenues.14 A witness
from Public Knowledge, a public interest group, argued that a longer-term extension or
permanent extension could facilitate long-term planning to make spectrum available for a variety
of users, protect the public interest in spectrum decisions, and to ensure spectrum auction
revenues benefit public interest objectives.15
Temporary Extensions of the FCC’s Spectrum
Auction Authority
Congress passed and President Biden signed four bills at the end of the 117th Congress to extend
the FCC’s spectrum auction authority so it would not lapse.
December 16, 2022
Division C, Title I, Section 101 of the Continuing Appropriations and Ukraine Supplemental
Appropriations Act, 2023 (P.L. 117-180) extended the FCC’s spectrum auction authority from
September 30, 2022, to December 16, 2022. It does not include any other spectrum provisions
(e.g., spectrum pipeline, discussion of auction proceeds, coordination requirements). The Senate
included the auction authority language in the bill and passed it on September 29, 2022, the
House passed the bill on September 30, 2022, and President Biden signed the bill into law on
September 30, 2022.
December 23, 2022
On December 16, 2022, President Biden signed the Further Continuing Appropriations and
Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 of the law amended the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction
authority from December 16, 2022, to December 23, 2022.
December 30, 2022
On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations
and Extensions Act, 2023 (H.R. 4373, P.L. 117-264). Division B, Title I, Section 101 amended the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction
authority from December 23, 2022, to December 30, 2022.

SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/senate-hearing-wireless-spectrum. This link
allows for full text searching of the video, as well as filtering by speaker.
14 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements of Meredith Atwell Baker, President and chief executive
officer of CTIA, a wireless industry organization (00:23:58)).
15 Ibid. (See statement of Christopher Lewis, President, Public Knowledge [00:21:490].)
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March 9, 2023
 On December 29, 2022, President Biden signed the Consolidated Appropriations Act,
2023 (H.R. 2617).16 Division O, Title IX, Section 901 amended the Communications Act
of 1934 (47 U.S.C. 309(j)(11)) to extend the FCC’s spectrum auction authority from
December 30, 2022, to March 9, 2023.
What Happens If the FCC’s Spectrum Auction Authority Lapses?
If Congress does not reach agreement to extend the FCC’s spectrum auction authority by March
9, 2023, the FCC will no longer be able to auction spectrum licenses, potentially creating
uncertainty for the FCC and industry on future spectrum availability.
Additionally, the 117th Congress will end on January 3, 2023. Thus, any legislation previously
introduced in the 117th (e.g., H.R. 7624), would need to be reintroduced in the 118th Congress to
be considered.
Options for Congress
There are four key elements to the proposals under consideration to extend the FCC’s spectrum
auction authority:
 the duration of the extension (short-term versus long-term),
 whether and how to codify interagency coordination between the FCC and NTIA,
 selection of the specific bands of spectrum to include in the future spectrum
pipeline, and
 funding priorities for auction revenues.
Discussion
Some Members assert that a long-term extension of the FCC’s spectrum auction authority must
be integral to any comprehensive spectrum legislation, similar to that which was included in P.L.
112-96, Title VI.17 That legislation included provisions addressing spectrum auction revenue
allocation, a spectrum pipeline, and an extension of FCC spectrum auction authority. Those
Members contend that a spectrum pipeline and spectrum authority gives both agencies and
industry planning certainty.18
The Senate may consider H.R. 7624, which the House passed on July 28, 2022. The bill would
extend the FCC’s spectrum auction authority through March 31, 2024, authorize the auction of
the 3.1-3.45 GHz segment of spectrum, designate $3.08 billion in spectrum auction revenues to
supplement the Secure and Trusted Communications Networks Reimbursement Program, and
provide $10 billion to improve 911 systems and services. The House requested concurrence from

16 The Public Law number was not available at the time of publication.
17 Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks via FCC Stopgap, but Stumbling Blocks
Remain,” Communications Daily, October 3, 2022, Congress Extends Spectrum Bill Talks Via FCC Stopgap, but
Stumbling Blocks Remain (communicationsdaily.com).
18 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements. (See statement of Senator John Thune [0:14:38].)
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the Senate on July 28, 2022; the Senate referred it to the Senate Committee on Commerce,
Science, and Transportation.
The Chair of the Senate Committee on Commerce, Science and Transportation, Senator Maria
Cantwell, opposed the 18-month extension in H.R. 7624, and expressed interest in developing a
spectrum package that includes a long-term extension, addresses interagency coordination on
spectrum, and includes Senate Commerce Committee input on policy and funding priorities.19
Senator Cantwell has also stressed the need for an assessment of spectrum needs to aid long-term
planning,20 interagency coordination,21 and consensus on funding initiatives.22 In the past, Senator
Cantwell has supported using spectrum auction revenues for rural broadband and 911
improvements.23 Senator Luján, Chair of the Subcommittee on Communications, Media, and
Broadband, also favors a longer-term extension of FCC spectrum auction authority, and a
spectrum package that includes development of a spectrum pipeline, enhanced interagency
coordination on spectrum planning, and funding for 911 improvements and projects to close the
digital divide.24
Other Members favor decoupling the extension of FCC’s spectrum auction authority from other
measures being considered for comprehensive spectrum legislation. Senator Roger Wicker,
ranking member of the committee, expressed support for a short-term spectrum auction
authorization to ensure the FCC’s spectrum auction authority does not lapse, but also for more
comprehensive legislation in the future that would include a spectrum pipeline, timelines for
auction, and provisions to improve interagency coordination.25 In the past, Senator Wicker has
supported proposals to use spectrum auction revenues to fund shortfalls in the Secure and Trusted
Communications Network Reimbursement Program.26 Senator John Thune, ranking member of

19 Jimm Phillips and Howard Buskirk, “Dueling House, Senate Spectrum Bill Approaches to Clash Before August
Recess,” Communications Daily, July 19, 2022, at https://communicationsdaily.com/article/view?search_id=595110&
p=1&id=1310457&BC=bc_633421f8b5575.
20 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See statements of Senators Maria Cantwell [01:42:32].)
21 Senator Maria Cantwell, “Cantwell Demands Stringent Protections for Weather Data, Limits on Spectrum Use,”
press released, December 5, 2019, https://www.commerce.senate.gov/2019/12/cantwell-demands-stringent-protections-
for-weather-data-limits-on-spectrum-use; see also Letter from Senator Maria Cantwell to FCC Chairman Ajit Pai on the
5.9 GHz band, November 17, 2020, and Letter from multiple U.S. Senators (including Senator Cantwell) to FCC
Chairman Pai on the FCC Order granting Ligado Networks authority to deploy a terrestrial network, May 15, 2020, at
https://www.fcc.gov/chairman-letters-congress.
22 Jimm Phillips and Howard Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-month FCC Auction Law
Extension,” Communications Daily, June 29, 2022, at https://communicationsdaily.com/news/2022/06/29/Spectrum-
Bill-Talks-Continue-Cantwell-Balks-at-18Month-FCC-Auction-Law-Extension-2206280070. (Discusses Senator
Cantwell stating that she would like Senate Commerce to weigh in on House legislation, “instead of automatically
backing the House proposals.”)
23 See, for example, S. 2956; see also Jimm Phillips and Howard Buskirk, “Congress Extends Spectrum Bill Talks Via
FCC Stopgap, but Stumbling Blocks Remain,” Communications Daily, October 3, 2022,
https://communicationsdaily.com/article/view?search_id=596822&id=1377718. (Discussing Senator Cantwell’s
interest in using spectrum auction revenue for middle-mile deployments along municipal rights-of-way, to expand
broadband access, as proposed in S. 4763.)
24 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See statement of Senator Ben Ray Lujan [02:10:07].)
25 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:07:27].)
26 Letter from 34 U.S. Senators, to Senator Schumer and Senator McConnell, September 8, 2022, at
https://www.hickenlooper.senate.gov/wp-content/uploads/2022/09/Secure-Networks-Act-Reimbursement-Program-
Shortfall-Signed.pdf.
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link to page 13 FCC Spectrum Auction Authority: Background and Proposals for Extension

the subcommittee, supports a short-term authorization, with continued work on a larger spectrum
package that includes a spectrum pipeline plan, interagency coordination, and funding for the
Secure and Trusted Communications Network Reimbursement Program.27
Many Members support comprehensive spectrum legislation, with differences focused on the
details of the package (e.g., spectrum pipeline, spectrum auction revenues) and the duration of a
FCC spectrum auction authority extension. If Congress cannot come to an agreement on a
broader package or pass a stand-alone spectrum auction authority extension through March 9,
2023, the FCC will be unable to auction spectrum.
Table 1 presents five policy options for Congress to extend the FCC’s spectrum auction authority,
including possible benefits and challenges of each.
Table 1. FCC Spectrum Authority: Congressional Options
Option for Congress
Possible Benefit
Possible Challenge
Approve language in a
May extend the FCC spectrum auction
Delays decision-making on many issues
potential subsequent CR
authority while Members negotiate a
that could interfere with spectrum
extending FCC auction
broader spectrum package.
planning.
authority for the term of
the CR.
Approve stand-alone bil
FCC spectrum auction authority would
Many Members have expressed interest
to extend FCC auction
not lapse.
in a comprehensive package (e.g., long-
authority, such as H.R.
term spectrum authority, pipeline,
7783.
spectrum planning, coordination,

programs) similar to the provisions in
P.L. 112-96, and may not support the
stand-alone bil .
Reach agreement on H.R.
H.R. 7624 is a comprehensive spectrum
H.R. 7624 may not include Senate
7624 through
package that includes the identification
priorities, and negotiations to
concurrence or
of specific spectrum bands for auction,
accommodate amendments (similar to
negotiation.
spending proposals, and extension of
those in P.L. 112-96) could stretch
While House leadership
FCC authorities through March 2024.
beyond the date that the FCC’s
has urged Senate
Many Members have expressed interest
spectrum auction authority expires.
concurrence on the bil ,
in a comprehensive package similar to
Senate lawmakers have
that proposed in H.R. 7624 and P.L. 112-
expressed interest in
96, with differences focused on the
negotiating certain
details of the package.
elements.
Grant the FCC long-term
Would give the FCC and industry
Long-term or permanent authorities may
or permanent auction
certainty in knowing the FCC has long-
reduce deadline-driven opportunities to
authority in legislation.
term or permanent auction authority. It
for Congress to maintain oversight of
The FCC, Public
may also enable long-term planning at
FCC spectrum auction activity.
Knowledge, and some
the FCC, and help to ensure the auction
Members have expressed
process is serving the public interest.
support for congressional
initiatives giving the FCC
long-term or permanent
spectrum auction
authority.

27 Ibid. (See statement of Senator John Thune [0:12:54], Senator Luján [00:40:39].)
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FCC Spectrum Auction Authority: Background and Proposals for Extension

Extend FCC auction
Provides continuity for a finite period of
Auction authority lapses on March 9,
authority in the agency’s
time to allow the FCC authority to
2023. If an extension is not granted by
FY2023 appropriations.
continue its work on auctions (e.g., 2.5
that date, FCC would not be able to
GHz licensing).
conduct any work related to spectrum
auctions until an extension is made.
Source: CRS.

Author Information

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

Policy

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
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