The Federal Communications Commission’s Spectrum Auction Authority: History and Options for Reinstatement
The Federal Communications Commission’s
September 12, 2023
Spectrum Auction Authority: History and
Patricia Moloney Figliola
Options for Reinstatement
Specialist in Internet and
Telecommunications
Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services,
Policy
such as radio broadcasting, mobile communications, and satellite services. It is a finite and
valuable resource. In 1934, Congress created the Federal Communications Commission (FCC),
Jill C. Gallagher
an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to
Analyst in
nonfederal entities to use specific frequencies and sets terms and conditions to serve the public
Telecommunications
interest, avoid interference among users, and promote the most efficient use of spectrum.
Policy
In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses
for rights to use specific frequencies for commercial wireless communications. That general
auction authority was originally due to expire on September 30, 1998, but Congress has extended
it several times. The most recent long-term extension, granted as part of the Middle Class Tax Relief and Job Creation Act of
2012 (P.L. 112-96), was set to expire on September 30, 2022. Four additional extensions were made during the 117th
Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum
auction authority expired. It has not been reinstated.
Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use.
During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would
have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both.
None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum
auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority
or its auction authority for specific bands.
In the House of Representatives, Representative Cathy McMorris Rodgers, Chairwoman of the House Committee on Energy
and Commerce, has introduced three bills to reinstate the FCC’s spectrum auction authority: H.R. 1108, introduced on
February 21, 2023, would have reinstated the FCC’s auction authority through May 19, 2023 (passed by the House on
February 27, 2023); H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s auction authority through June
30, 2023; and H.R. 3565, introduced on May 22, 2023, would, among other spectrum provisions, reinstate the FCC’s
spectrum auction authority through September 30, 2026. In the Senate, Senator Mike Rounds has introduced one bill to
reinstate the FCC’s spectrum auction authority: S. 650, introduced on March 2, 2023, would reinstate the FCC’s auction
authority through September 30, 2023. Members are currently debating the duration of a possible reinstatement of the FCC’s
spectrum auction authority and the best legislative vehicle for it. Possible options include
• passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction
authority;
• passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction
authority;
• passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of
the FCC’s auction authority;
• passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long-
term reinstatement of the FCC’s auction authority;
• reinstating the auction authority in FY2023 appropriations legislation; or
• passing legislation that identifies specific bands and grants the FCC authority to auction those bands only.
Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity
to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional
spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum
management—in addition to a mid- or long-term extension of the FCC auction authority. Each option—a stand-alone
extension or comprehensive legislation—comes with its own policy benefits and challenges.
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Contents
Introduction ..................................................................................................................................... 1
History of the FCC’s Spectrum Auction Authority ......................................................................... 1
Temporary Extensions of the FCC’s Spectrum Auction Authority in the 117th
Congress ................................................................................................................................. 3
Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority ....................... 3
Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783) ......................... 3
Spectrum Innovation Act of 2022 (H.R. 7624) ......................................................................... 3
Spectrum Innovation Act of 2022 (S. 4117) .............................................................................. 5
What Happened When the FCC’s Spectrum Auction Authority Lapsed? ....................................... 6
Proposals in the 118th Congress to Extend or Reinstate the FCC’s Spectrum Auction
Authority ...................................................................................................................................... 6
Options for Congress ....................................................................................................................... 7
Discussion ................................................................................................................................. 8
Figures
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes ....................................... 4
Tables
Table 1. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority .................... 7
Contacts
Author Information ........................................................................................................................ 10
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
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, satellite services, and land mobile
radio communications. In 1934, Congress created the Federal Communications Commission
(FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants
licenses to nonfederal entities to use specific frequencies within those bands and sets terms and
conditions to serve the public interest, avoid interference among users, and promote the most
efficient use of spectrum. According to the FCC, “Managing the airwaves is arguably the
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, which extended the FCC’s
spectrum auction authority to March 9, 2023, as discussed in more detail below. When Congress
could not come to agreement on terms of extension, the FCC’s spectrum auction authority expired
on March 9, 2023. During the 117th Congress, several pieces of legislation would have extended
the FCC’s spectrum auction authority, either as stand-alone legislation or as part of
comprehensive spectrum legislation; none were enacted. These bills are discussed below in
“Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority.”
In the 118th Congress, some Members have expressed support for reinstating the FCC’s spectrum
auction authority, but they have not reached agreement over the period of the reinstatement.2
Options for congressional consideration include a stand-alone bill; a comprehensive spectrum
package that would include, among other things, an extension of FCC’s auction authority; or
provisions in an annual appropriations bill.
This report provides a brief history of the FCC’s spectrum auction authority, a summary of the
legislative activity in the 117th Congress, new proposals to extend the FCC’s authority introduced
in the 118th Congress, and a discussion of options to reinstate the FCC’s authority in the 118th
Congress.
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, §1242), granting the FCC authority to assign licenses to
prequalified applicants by random selection (i.e., lottery).3 Under this system, applicants would
1 FCC Podcast, More Than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from
‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, https://www.fcc.gov/news-events/podcast/going-once-
going-infinitely.
2 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority
Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com.
3 See Communications Act of 1934, as amended, at https://transition.fcc.gov/Reports/1934new.pdf. Codified at 47
U.S.C. §309(i).
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apply for spectrum licenses and the FCC would randomly assign frequencies to them. However,
as stated by the FCC in a 1997 report to Congress, the prequalification process itself often took
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), which allowed the FCC to use competitive
bidding (i.e., auctions) to grant spectrum licenses. The act required the FCC to protect the public
interest and promote specific objectives, such as speeding deployment of new technology and
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.5 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, provide services to consumers in all areas, and enhance
competition. Under this act, the FCC’s auction authority expired on September 30, 1998.
On August 5, 1997, Congress extended the FCC’s auction authority for 10 years through the
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.6
The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended the FCC’s
auction authority for one year, through September 30, 2012, to manage the auctions mandated
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 (Title X in the Bipartisan Budget Act of 2015, P.L. 114-74)
requires the FCC to auction certain spectrum as specified in Section 1004(a) of the act.7 The act
extended FCC auction authority for only this designated spectrum through September 30, 2025.
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 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.
6 For more information, see CRS Report R40674, Spectrum Policy in the Age of Broadband: Issues for Congress, by
Linda K. Moore. For further inquiries, congressional staff may contact Jill C. Gallagher or Patricia Moloney Figliola.
7 A “spectrum pipeline plan” refers to the federal government selecting frequencies for auction and setting the timeline
for conducting these auctions.
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Temporary Extensions of the FCC’s Spectrum Auction Authority in
the 117th Congress
On September 30, 2022, President Biden signed the Continuing Appropriations and Ukraine
Supplemental Appropriations Act, 2023 (P.L. 117-180). Division C, Title I, Section 101 extended
the FCC’s spectrum auction authority from September 30, 2022, to December 16, 2022.
On December 16, 2022, President Biden signed the Further Continuing Appropriations and
Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 16, 2022, to December 23, 2022.
On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations
and Extensions Act, 2023 (P.L. 117-264). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 23, 2022, to December 30, 2022.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (P.L.
117-328). Division O, Title IX, Section 901 extended the FCC’s spectrum auction authority from
December 30, 2022, to March 9, 2023.
Since no further extension legislation was signed into law by the March 9, 2023, deadline, the
FCC’s spectrum auction authority lapsed on that date.
Figure 1 illustrates the timeline of changes to the FCC’s spectrum auction authority from the
establishment of the FCC’s authority to grant licenses in 1981 through the expiration of its
auction authority on March 9, 2023 (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 addition to the short-term extensions described above, Members introduced three bills and one
Senate Amendment during the 117th Congress to extend either the FCC’s general auction
authority or the FCC’s authority to auction specific bands. None became law. These bills and the
amendment, however, highlight different methods for addressing the FCC’s spectrum auction
authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum
auction authority or its auction authority for specific bands.
Extending America’s Spectrum Auction Leadership Act of 2022
(H.R. 7783)
The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), a stand-alone
bill introduced on May 16, 2022, would have extended FCC auction authority through March 31,
2024 (i.e., 18 months from its September 30, 2022, expiration). The House Energy and
Commerce Committee’s Subcommittee on Communications and Technology approved the bill on
June 15, 2022.
Spectrum Innovation Act of 2022 (H.R. 7624)
The Spectrum Innovation Act of 2022 (H.R. 7624), introduced on April 28, 2022, was passed by
the House on July 27, 2022 (H.Rept. 117-429), and referred to the Senate Committee on
Commerce, Science, and Transportation. The bill would have extended the FCC’s spectrum
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes
(1981-2023)
Source: CRS.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
auction authority through March 31, 2024 (the same timeline approved by the House Energy and
Commerce Committee’s Subcommittee on Communications and Technology in H.R. 7783).
This bill would have repealed Section 90008 of the Infrastructure Investment and Jobs Act (IIJA,
P.L. 117-58), which provided funds from the Spectrum Relocation Fund (SRF)8 to the
Department of Defense (DOD) to study the 3.1-3.45 GHz band in order to make it available for
shared (federal and nonfederal) use. H.R. 7624 specified a new purpose and process for
auctioning the 3.1 GHz-3.45 GHz band.9 Specifically, the bill would have provided federal
entities operating in the band SRF funding for the purpose of research and development,
engineering studies, economic analyses, activities with respect to reconfiguring systems, or other
planning activities to make spectrum available for nonfederal use, shared federal and nonfederal
use, or a combination thereof.
Among other things, the bill would have established the Public Safety and Secure Networks Fund
and directed a portion of spectrum auction proceeds for specific purposes. The bill would have
provided $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted
Communications Networks Reimbursement Program. Additionally, the bill would have made
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 have
repealed Section 90008 of the IIJA; mandated the auction of the 3.1-3.45 GHz band for
nonfederal, shared federal and nonfederal use, or a combination thereof; and extended the FCC’s
authority to auction this segment of spectrum for seven years from the date of enactment of the
bill. The bill would have directed the Office of Management and Budget to transfer SRF funding
to federal entities operating in the 3.1-3.45 GHz band to plan and conduct studies to facilitate the
reallocation, with oversight from the National Telecommunications and Information
Administration (NTIA) and the Executive Office of the President. It would have required the
Secretary of Commerce to identify 200 MHz for reallocation and to work with DOD, FCC, and
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 Amendment 6585 (S.Amdt. 6585)
Senate Amendment 6585 (S.Amdt. 6585) was a comprehensive spectrum package submitted on
December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated
Appropriations Act, 2023 (P.L. 117-328). It would have amended Section 90008 of the IIJA;
mandated the auction of the 3.1-3.45 GHz band for nonfederal use, shared federal and nonfederal
use, or a combination thereof; and provided funds from the SRF to the DOD and other affected
agencies operating in the 3.1-3.45 GHz band to study making the band available for nonfederal
use, shared federal and nonfederal use, or a combination thereof. It specified a new process for
coordinating the identification and auction of frequencies, authorized the FCC to auction those
frequencies available for auction, set aside auction revenue for deficit reduction and several
8 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. For more
information, see NTIA, Manual of Regulations for Federal Radiofrequency Spectrum Management, “Annex O:
Procedures and Guidance Related to the Spectrum Relocation Fund and Transition Activities in Support of Relocation
or Sharing by Federal Government Stations,” January 2021 edition, https://ntia.gov/publications/redbook-manual.
9 CRS In Focus IF12350, Repurposing 3.1-3.55 GHz Spectrum: Issues for Congress, by Jill C. Gallagher.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
public interest programs, identified several spectrum bands for future study and auction, invested
in spectrum research, and extended the FCC’s auction authority through December 31, 2025. The
bill proposed changes to the IIJA related to the reallocation of the 3.1-3.45 GHz band from
federal (e.g., DOD) to nonfederal use—including DOD’s role in identifying available frequencies,
how much of the band could be reallocated from federal to nonfederal use, and how the band
could be shared between federal and nonfederal users.10
What Happened When the FCC’s Spectrum Auction
Authority Lapsed?
As Congress did not reach agreement to extend the FCC’s spectrum auction authority by March 9,
2023, the FCC’s spectrum auction authority lapsed. The expiration of the FCC’s auction authority
has created uncertainty around the activities the FCC can perform.11 The FCC does not have
authority to auction new spectrum licenses; however, there is debate on whether the FCC can
grant licenses already won (but not yet granted) from previous auctions. The lapse also has
created uncertainty around FCC spectrum planning activities and future spectrum availability.12
Proposals in the 118th Congress to Extend or
Reinstate the FCC’s Spectrum Auction Authority
In the House of Representatives, Representative Cathy McMorris Rodgers, Chairwoman of the
House Committee on Energy and Commerce, introduced three bills to reinstate the FCC’s
spectrum auction authority:
• H.R. 1108, introduced on February 21, 2023, would have reinstated the FCC’s
auction authority through May 19, 2023. The bill passed the House on February
27, 2023.
• H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s
auction authority through June 30, 2023. The bill was forwarded to the House
Committee on Energy and Commerce by its Subcommittee on Communications
and Technology on May 17, 2023.
• H.R. 3565, introduced on May 22, 2023, would, among other spectrum
provisions, reinstate the FCC’s spectrum auction authority through September 30,
2026. This bill was ordered to be reported by the Committee on Energy and
Commerce on May 24, 2023.
In the Senate, Senator Mike Rounds introduced a bill to reinstate the FCC’s spectrum auction
authority:
10 Jimm Phillips, “3.1-3.45 GHz 5G Structure Deal Elusive in Spectrum Bill Talks’ Waning Days,” Communications
Daily, December 16, 2022, https://communicationsdaily.com.
11 Howard Buskirk, “House Republican Criticizes FCC for Not Issuing T-Mobile 2.5 GHz Licenses Amid Authority
Lapse,” Communications Daily, April 19, 2023, https://communicationsdaily.com.
12 Jimm Phillips and Howard Buskirk, “Rosenworcel, Other Biden Officials Push for US Leadership on 6G at Summit,”
Communications Daily, April 24, 2023, https://communicationsdaily.com.
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• S. 650, introduced by on March 2, 2023, would reinstate the FCC’s auction
authority through September 30, 2023. The bill was referred to the Committee on
Commerce, Science, and Transportation.
Options for Congress
Although many Members have expressed support for reinstating the authority, they have not
reached agreement on the period of the reinstatement.13 The 118th Congress may consider several
possible legislative vehicles for reinstatement, including a stand-alone bill; a comprehensive
spectrum package that would include, among other things, an extension of FCC’s auction
authority; or provisions in an annual appropriations bill.
Table 1 presents six policy options for Congress to extend the FCC’s spectrum auction authority,
including possible benefits and challenges of each.
Table 1. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority
Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to
The FCC’s spectrum auction authority
Some Members have expressed interest
provide a short-term (e.g., would be reinstated. Spectrum-related
in comprehensive spectrum legislation
months) reinstatement of
activities, including the granting of
rather than a short-term stand-alone bil .
the FCC’s spectrum
licenses from previous auctions, would
If passed, the reinstatement of the FCC’s
auction authority.
resume.
auction authority would be limited to a
finite number of months and may not
provide public and private sector
stakeholders with planning certainty.
Pass a stand-alone bil to
The FCC’s spectrum auction authority
Some Members have expressed
provide a mid-term (e.g.,
would be reinstated. Spectrum-related
preference for comprehensive spectrum
one to two year)
activities, including the granting of
legislation. If passed, it is uncertain how a
reinstatement of the
licenses from previous auctions, would
mid-term extension would affect the
FCC’s spectrum auction
resume.
development of comprehensive
authority.
Congress could use the duration of the
spectrum legislation, which might delay
reinstatement to develop comprehensive the identification of new spectrum bands
spectrum legislation, potentially
for auction. Spectrum availability may
incorporating information from the
impact industry’s ability to develop and
DOD spectrum study mandated under
deploy new wireless technologies.
P.L. 117-58 to identify new spectrum
bands for reallocation and auction.
13 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority
Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com.
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Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to
The FCC’s spectrum auction authority
Long-term or permanent authorities may
provide a long-term (e.g.,
would be reinstated. Spectrum-related
reduce deadline-driven opportunities for
five or more years) or
activities, including the granting of
Congress to maintain oversight of FCC
permanent reinstatement
licenses from previous auctions, would
spectrum auction activity and to
of the FCC’s auction
resume.
introduce spectrum reforms.
authority
Congress could use the duration of the
If passed, it is uncertain how a long-term
reinstatement to develop comprehensive extension would affect the development
spectrum legislation, potentially
of comprehensive spectrum legislation,
incorporating information from the
which might delay the identification of
DOD spectrum study mandated under
new spectrum bands for auction.
P.L. 117-58 to identify new spectrum
Spectrum availability may impact
bands for reallocation and auction.
industry’s ability to develop and deploy
A long-term or permanent
new wireless technologies.
reinstatement of the FCC’s spectrum
auction authority may provide public and
private sector stakeholders the greatest
degree of planning certainty.
Pass comprehensive
Comprehensive spectrum legislation that Members may have a number of
spectrum legislation that
reinstates the FCC’s spectrum auction
divergent priorities for comprehensive
includes a mid- or long-
authority for some number of years,
spectrum legislation and negotiations
term or permanent
identifies specific bands for auction, and
could be lengthy. Bundling reinstatement
reinstatement of the
sets priorities for spending auction
of the FCC’s spectrum auction authority
FCC’s spectrum auction
revenues may provide public and private
in comprehensive legislation may delay
authority.
sector stakeholders with planning
reinstatement for the duration of
certainty and foster the development
negotiations.
and deployment of new wireless
technologies.
Temporarily reinstate the
A temporary reinstatement of the FCC
Waiting for an appropriations bil could
FCC’s spectrum auction
spectrum auction authority would
leave the FCC without auction authority
authority in a continuing
provide the agency a finite period to
for many months.
resolution or FY2024
continue work from previously
appropriations legislation.
conducted auctions (e.g., 2.5 GHz).
Pass legislation that
Identifying specific bands for auction and
Congress would assume the task of
identifies specific bands
granting the FCC authority to auction
identifying spectrum for auction, shifting
for auction and grants the
only those bands may allow Congress to
this responsibility away from the FCC
FCC authority to auction
play an active role in identifying
and other federal agencies. Congress
those bands only.
spectrum to be auctioned, for what
would have to grant the FCC auction
purpose, and when.
authority for each identified band, which
could add time to the spectrum
identification and auction processes.
Source: CRS.
Discussion
Some Members have previously favored stand-alone legislation to extend the FCC’s spectrum
auction authority, with a commitment to work on a comprehensive spectrum package that could
incorporate various congressional priorities (e.g., identification of spectrum for future auction,
interagency coordination on spectrum reallocation, funding proposals, and an extension of FCC
auction authorities).14 These Members have generally proposed stand-alone bills with short-term
14 For example, see “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/
video/?522120-1/senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:07:27],
statement of Senator John Thune [0:12:54], and statement of Senator Ben Ray Luján [00:40:39].)
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extensions (e.g., several months), to ensure the FCC’s auction authority did not lapse and to
provide Congress with time to come to agreement on a comprehensive spectrum package.
Some Members have proposed longer-term extensions (e.g., 18 months, 2 years) in
comprehensive spectrum packages from the 117th Congress (e.g., H.R. 7624 and S.Amdt. 6585).
Both bills included elements of a comprehensive package such as interagency coordination,
allocation of revenues, investment in spectrum research, and an extension of FCC’s auction
authority, but neither included a spectrum pipeline provision (i.e., the identification of several
specific bands for auction). Some Members supported these bills because they address a number
of spectrum policy issues, while providing Congress more time to identify future bands for
inclusion in a potential spectrum pipeline.15 Other Members support the development of
comprehensive spectrum legislation that would identify specific spectrum bands for auction.16
Some Members have asserted that the FCC’s spectrum auction authority gives both federal
agencies and the wireless industry planning certainty.17 They have advocated for a long-term
extension of the FCC’s spectrum auction authority, similar to the long-term extension adopted in
2012 (P.L. 112-96, Title V), which extended the authority for a decade.18 They assert the 2012
approach was effective and integral to supporting innovation and economic growth in the United
States.19 These Members support development of comprehensive spectrum legislation that would
couple a long-term reinstatement of the FCC’s spectrum auction authority with the identification
of spectrum for future auctions, the allocation of auction revenues to public interest programs,
and the improvement of interagency spectrum coordination.20
The Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58, §90008) directs the DOD to
conduct a study of the 3.1-3.45 GHz band to inform its future use and potential future auction of
frequencies in the band.21 During the 117th Congress, Members introduced legislation (H.R. 7624,
S. 4117) and proposed amending legislative language (S.Amdt. 6585) to repeal or amend certain
aspects of Section 90008 of the IIJA. These proposals would have changed the focus of the DOD
study of the 3.1-3.45 GHz band, the process for identifying frequencies in the 3.1-3.45 GHz band
for auction, and authorities given to DOD in determining which frequencies could be shared.22
The proposals also included additional spectrum provisions, such as improvements to interagency
coordination on spectrum reallocation, identification of spectrum for auction, allocation of
15 Ibid. (See statement of Senator John Thune [00:14:26].)
16 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. See also C-SPAN, “Senate
Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/senate-
hearing-wireless-spectrum. (See statements of Senators Maria Cantwell [01:42:32].) See Jimm Phillips and Howard
Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-Month FCC Auction Law Extension,” Communications
Daily, June 29, 2022, at https://communicationsdaily.com. (Discusses Senator Cantwell stating that she would like
Senate Commerce to weigh in on House legislation, “instead of automatically backing the House proposals.”)
17 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See statement of Senator John Thune [0:14:38].)
18 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.
19 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:08:05], and Senator John
Thune [00:14:26].)
20 Ibid.
21 CRS In Focus IF12350, Repurposing 3.1-3.55 GHz Spectrum: Issues for Congress, by Jill C. Gallagher.
22 Section 90008 of the IIJA requires that the Secretary of Commerce can identify frequencies for shared use only if the
Secretary of Defense has determined that sharing those frequencies with nonfederal users would not impact the primary
mission of military spectrum users in the band.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
expected auction revenue to public interest programs, and extension of the FCC’s general auction
authority, which had bipartisan support.23 However, some Members strongly opposed the repeal
or amendment of Section 90008 of the IIJA.24 None of these spectrum proposals were enacted.
In May 2023, DOD reported in its DOD Strategic Management Plan (2022-2026) that it is
continuing its study of the 3.1-3.45 GHz band. DOD reported that it is working in partnership
with the National Spectrum Consortium (NSC), and has established the Partnering to Advance
Trusted and Holistic Spectrum Solutions (PATHSS) Task Group to identify sharing solutions,
inform policy and processes, and create a replicable approach for addressing future spectrum
sharing scenarios. DOD listed the targeted completion date for the study as FY 2023.25
The 118th Congress has introduced both stand-alone legislation to renew the FCC’s auction
authority (H.R. 1108, H.R. 3345, and S. 650) and comprehensive spectrum legislation (H.R.
3565) that would identify spectrum for auction, auction new spectrum bands, distribute revenues
for public interest programs, and renew the FCC’s auction authority. Still, some Members have
reiterated the need to wait for this DOD study of the 3.1-3.45 GHz band before proceeding on a
comprehensive spectrum bill.
Author Information
Patricia Moloney Figliola
Jill C. Gallagher
Specialist in Internet and Telecommunications
Analyst in Telecommunications Policy
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
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.
23 Jimm Phillips and Howard Buskirk, “Senators Eye Replicating Spectrum Deal in 2023 amid 3.1-3.45 GHz Text
Fracas,” Communications Daily, December 28, 2022, https://communicationsdaily.com/article/view?search_id=
729862&p=1&id=1461394&BC=bc_64fbfe98c2126. (Stating that there was “four-corners agreement between” House
Commerce Committee Chairman Frank Pallone, D-N.J., ranking member Cathy McMorris Rodgers, R-Wash., Senate
Commerce ranking member Roger Wicker, R-Miss., and Senator Cantwell).
24 Jimm Phillips, “Deal to Attach Spectrum Innovation Act to Omnibus Is Dead, Aides Confirm,” Communications
Daily, December 20, 2022, https://communicationsdaily.com/article/view?search_id=591977&p=4&id=1454165&BC=
bc_64fbfbdd2f4ec. (Citing opposition from Senator Rounds.)
25 U.S. Department of Defense, DOD Strategic Management Plan 2022-2023 (updated), March 6, 2023, p. 44,
https://media.defense.gov/2023/Mar/13/2003178168/-1/-1/1/DOD-STRATEGIC-MGMT-PLAN-2023.PDF.
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R47578 · VERSION 7 · UPDATED
10
September 12, 2023
Spectrum Auction Authority: History and
Patricia Moloney Figliola
Options for Reinstatement
Specialist in Internet and
Telecommunications
Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services,
Policy
such as radio broadcasting, mobile communications, and satellite services. It is a finite and
valuable resource. In 1934, Congress created the Federal Communications Commission (FCC),
Jill C. Gallagher
an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to
Analyst in
nonfederal entities to use specific frequencies and sets terms and conditions to serve the public
Telecommunications
interest, avoid interference among users, and promote the most efficient use of spectrum.
Policy
In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses
for rights to use specific frequencies for commercial wireless communications. That general
auction authority was originally due to expire on September 30, 1998, but Congress has extended
it several times. The most recent long-term extension, granted as part of the Middle Class Tax Relief and Job Creation Act of
2012 (P.L. 112-96), was set to expire on September 30, 2022. Four additional extensions were made during the 117th
Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum
auction authority expired. It has not been reinstated.
Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use.
During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would
have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both.
None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum
auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority
or its auction authority for specific bands.
In the House of Representatives, Representative Cathy McMorris Rodgers, Chairwoman of the House Committee on Energy
and Commerce, has introduced three bills to reinstate the FCC’s spectrum auction authority: H.R. 1108, introduced on
February 21, 2023, would have reinstated the FCC’s auction authority through May 19, 2023 (passed by the House on
February 27, 2023); H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s auction authority through June
30, 2023; and H.R. 3565, introduced on May 22, 2023, would, among other spectrum provisions, reinstate the FCC’s
spectrum auction authority through September 30, 2026. In the Senate, Senator Mike Rounds has introduced one bill to
reinstate the FCC’s spectrum auction authority: S. 650, introduced on March 2, 2023, would reinstate the FCC’s auction
authority through September 30, 2023. Members are currently debating the duration of a possible reinstatement of the FCC’s
spectrum auction authority and the best legislative vehicle for it. Possible options include
• passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction
authority;
• passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction
authority;
• passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of
the FCC’s auction authority;
• passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long-
term reinstatement of the FCC’s auction authority;
• reinstating the auction authority in FY2023 appropriations legislation; or
• passing legislation that identifies specific bands and grants the FCC authority to auction those bands only.
Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity
to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional
spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum
management—in addition to a mid- or long-term extension of the FCC auction authority. Each option—a stand-alone
extension or comprehensive legislation—comes with its own policy benefits and challenges.
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Contents
Introduction ..................................................................................................................................... 1
History of the FCC’s Spectrum Auction Authority ......................................................................... 1
Temporary Extensions of the FCC’s Spectrum Auction Authority in the 117th
Congress ................................................................................................................................. 3
Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority ....................... 3
Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783) ......................... 3
Spectrum Innovation Act of 2022 (H.R. 7624) ......................................................................... 3
Spectrum Innovation Act of 2022 (S. 4117) .............................................................................. 5
What Happened When the FCC’s Spectrum Auction Authority Lapsed? ....................................... 6
Proposals in the 118th Congress to Extend or Reinstate the FCC’s Spectrum Auction
Authority ...................................................................................................................................... 6
Options for Congress ....................................................................................................................... 7
Discussion ................................................................................................................................. 8
Figures
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes ....................................... 4
Tables
Table 1. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority .................... 7
Contacts
Author Information ........................................................................................................................ 10
Congressional Research Service
The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Introduction
Radio spectrum (“spectrum”) is the continuum of frequencies allocated for radio transmissions
and is a finite and valuable resource. It is necessary for companies seeking to provide wireless
services, such as radio broadcasting, mobile communications, satellite services, and land mobile
radio communications. In 1934, Congress created the Federal Communications Commission
(FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants
licenses to nonfederal entities to use specific frequencies within those bands and sets terms and
conditions to serve the public interest, avoid interference among users, and promote the most
efficient use of spectrum. According to the FCC, “Managing the airwaves is arguably the
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, which extended the FCC’s
spectrum auction authority to March 9, 2023, as discussed in more detail below. When Congress
could not come to agreement on terms of extension, the FCC’s spectrum auction authority expired
on March 9, 2023. During the 117th Congress, several pieces of legislation would have extended
the FCC’s spectrum auction authority, either as stand-alone legislation or as part of
comprehensive spectrum legislation; none were enacted. These bills are discussed below in
“Proposals in the 117th Congress to Extend the FCC’s Spectrum Auction Authority.”
In the 118th Congress, some Members have expressed support for reinstating the FCC’s spectrum
auction authority, but they have not reached agreement over the period of the reinstatement.2
Options for congressional consideration include a stand-alone bill; a comprehensive spectrum
package that would include, among other things, an extension of FCC’s auction authority; or
provisions in an annual appropriations bill.
This report provides a brief history of the FCC’s spectrum auction authority, a summary of the
legislative activity in the 117th Congress, new proposals to extend the FCC’s authority introduced
in the 118th Congress, and a discussion of options to reinstate the FCC’s authority in the 118th
Congress.
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, §1242), granting the FCC authority to assign licenses to
prequalified applicants by random selection (i.e., lottery).3 Under this system, applicants would
1 FCC Podcast, More Than Seven Dirty Words, episode #18, “Going Once, Going Infinitely: How the FCC Went from
‘Beauty Contests’ to Spectrum Auctions,” January 19, 2021, https://www.fcc.gov/news-events/podcast/going-once-
going-infinitely.
2 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority
Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com.
3 See Communications Act of 1934, as amended, at https://transition.fcc.gov/Reports/1934new.pdf. Codified at 47
U.S.C. §309(i).
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apply for spectrum licenses and the FCC would randomly assign frequencies to them. However,
as stated by the FCC in a 1997 report to Congress, the prequalification process itself often took
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), which allowed the FCC to use competitive
bidding (i.e., auctions) to grant spectrum licenses. The act required the FCC to protect the public
interest and promote specific objectives, such as speeding deployment of new technology and
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.5 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, provide services to consumers in all areas, and enhance
competition. Under this act, the FCC’s auction authority expired on September 30, 1998.
On August 5, 1997, Congress extended the FCC’s auction authority for 10 years through the
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.6
The Digital Television Delay Act (P.L. 111-4, §5), enacted February 11, 2009, extended the FCC’s
auction authority for one year, through September 30, 2012, to manage the auctions mandated
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 (Title X in the Bipartisan Budget Act of 2015, P.L. 114-74)
requires the FCC to auction certain spectrum as specified in Section 1004(a) of the act.7 The act
extended FCC auction authority for only this designated spectrum through September 30, 2025.
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 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.
6 For more information, see CRS Report R40674, Spectrum Policy in the Age of Broadband: Issues for Congress, by
Linda K. Moore. For further inquiries, congressional staff may contact Jill C. Gallagher or Patricia Moloney Figliola.
7 A “spectrum pipeline plan” refers to the federal government selecting frequencies for auction and setting the timeline
for conducting these auctions.
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Temporary Extensions of the FCC’s Spectrum Auction Authority in
the 117th Congress
On September 30, 2022, President Biden signed the Continuing Appropriations and Ukraine
Supplemental Appropriations Act, 2023 (P.L. 117-180). Division C, Title I, Section 101 extended
the FCC’s spectrum auction authority from September 30, 2022, to December 16, 2022.
On December 16, 2022, President Biden signed the Further Continuing Appropriations and
Extensions Act, 2023 (P.L. 117-229). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 16, 2022, to December 23, 2022.
On December 23, 2022, President Biden signed the Further Additional Continuing Appropriations
and Extensions Act, 2023 (P.L. 117-264). Division B, Title I, Section 101 extended the FCC’s
spectrum auction authority from December 23, 2022, to December 30, 2022.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (P.L.
117-328). Division O, Title IX, Section 901 extended the FCC’s spectrum auction authority from
December 30, 2022, to March 9, 2023.
Since no further extension legislation was signed into law by the March 9, 2023, deadline, the
FCC’s spectrum auction authority lapsed on that date.
Figure 1 illustrates the timeline of changes to the FCC’s spectrum auction authority from the
establishment of the FCC’s authority to grant licenses in 1981 through the expiration of its
auction authority on March 9, 2023 (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 addition to the short-term extensions described above, Members introduced three bills and one
Senate Amendment during the 117th Congress to extend either the FCC’s general auction
authority or the FCC’s authority to auction specific bands. None became law. These bills and the
amendment, however, highlight different methods for addressing the FCC’s spectrum auction
authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum
auction authority or its auction authority for specific bands.
Extending America’s Spectrum Auction Leadership Act of 2022
(H.R. 7783)
The Extending America’s Spectrum Auction Leadership Act of 2022 (H.R. 7783), a stand-alone
bill introduced on May 16, 2022, would have extended FCC auction authority through March 31,
2024 (i.e., 18 months from its September 30, 2022, expiration). The House Energy and
Commerce Committee’s Subcommittee on Communications and Technology approved the bill on
June 15, 2022.
Spectrum Innovation Act of 2022 (H.R. 7624)
The Spectrum Innovation Act of 2022 (H.R. 7624), introduced on April 28, 2022, was passed by
the House on July 27, 2022 (H.Rept. 117-429), and referred to the Senate Committee on
Commerce, Science, and Transportation. The bill would have extended the FCC’s spectrum
Congressional Research Service
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Figure 1. The FCC’s Spectrum Auction Authority: Timeline of Changes
(1981-2023)
Source: CRS.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
auction authority through March 31, 2024 (the same timeline approved by the House Energy and
Commerce Committee’s Subcommittee on Communications and Technology in H.R. 7783).
This bill would have repealed Section 90008 of the Infrastructure Investment and Jobs Act (IIJA,
P.L. 117-58), which provided funds from the Spectrum Relocation Fund (SRF)8 to the
Department of Defense (DOD) to study the 3.1-3.45 GHz band in order to make it available for
shared (federal and nonfederal) use. H.R. 7624 specified a new purpose and process for
auctioning the 3.1 GHz-3.45 GHz band.9 Specifically, the bill would have provided federal
entities operating in the band SRF funding for the purpose of research and development,
engineering studies, economic analyses, activities with respect to reconfiguring systems, or other
planning activities to make spectrum available for nonfederal use, shared federal and nonfederal
use, or a combination thereof.
Among other things, the bill would have established the Public Safety and Secure Networks Fund
and directed a portion of spectrum auction proceeds for specific purposes. The bill would have
provided $3.08 billion in spectrum auction revenues to supplement the Secure and Trusted
Communications Networks Reimbursement Program. Additionally, the bill would have made
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 have
repealed Section 90008 of the IIJA; mandated the auction of the 3.1-3.45 GHz band for
nonfederal, shared federal and nonfederal use, or a combination thereof; and extended the FCC’s
authority to auction this segment of spectrum for seven years from the date of enactment of the
bill. The bill would have directed the Office of Management and Budget to transfer SRF funding
to federal entities operating in the 3.1-3.45 GHz band to plan and conduct studies to facilitate the
reallocation, with oversight from the National Telecommunications and Information
Administration (NTIA) and the Executive Office of the President. It would have required the
Secretary of Commerce to identify 200 MHz for reallocation and to work with DOD, FCC, and
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 Amendment 6585 (S.Amdt. 6585)
Senate Amendment 6585 (S.Amdt. 6585) was a comprehensive spectrum package submitted on
December 20, 2022, by Senator Maria Cantwell as an amendment to the Consolidated
Appropriations Act, 2023 (P.L. 117-328). It would have amended Section 90008 of the IIJA;
mandated the auction of the 3.1-3.45 GHz band for nonfederal use, shared federal and nonfederal
use, or a combination thereof; and provided funds from the SRF to the DOD and other affected
agencies operating in the 3.1-3.45 GHz band to study making the band available for nonfederal
use, shared federal and nonfederal use, or a combination thereof. It specified a new process for
coordinating the identification and auction of frequencies, authorized the FCC to auction those
frequencies available for auction, set aside auction revenue for deficit reduction and several
8 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. For more
information, see NTIA, Manual of Regulations for Federal Radiofrequency Spectrum Management, “Annex O:
Procedures and Guidance Related to the Spectrum Relocation Fund and Transition Activities in Support of Relocation
or Sharing by Federal Government Stations,” January 2021 edition, https://ntia.gov/publications/redbook-manual.
9 CRS In Focus IF12350, Repurposing 3.1-3.55 GHz Spectrum: Issues for Congress, by Jill C. Gallagher.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
public interest programs, identified several spectrum bands for future study and auction, invested
in spectrum research, and extended the FCC’s auction authority through December 31, 2025. The
bill proposed changes to the IIJA related to the reallocation of the 3.1-3.45 GHz band from
federal (e.g., DOD) to nonfederal use—including DOD’s role in identifying available frequencies,
how much of the band could be reallocated from federal to nonfederal use, and how the band
could be shared between federal and nonfederal users.10
What Happened When the FCC’s Spectrum Auction
Authority Lapsed?
As Congress did not reach agreement to extend the FCC’s spectrum auction authority by March 9,
2023, the FCC’s spectrum auction authority lapsed. The expiration of the FCC’s auction authority
has created uncertainty around the activities the FCC can perform.11 The FCC does not have
authority to auction new spectrum licenses; however, there is debate on whether the FCC can
grant licenses already won (but not yet granted) from previous auctions. The lapse also has
created uncertainty around FCC spectrum planning activities and future spectrum availability.12
Proposals in the 118th Congress to Extend or
Reinstate the FCC’s Spectrum Auction Authority
In the House of Representatives, Representative Cathy McMorris Rodgers, Chairwoman of the
House Committee on Energy and Commerce, introduced three bills to reinstate the FCC’s
spectrum auction authority:
• H.R. 1108, introduced on February 21, 2023, would have reinstated the FCC’s
auction authority through May 19, 2023. The bill passed the House on February
27, 2023.
• H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s
auction authority through June 30, 2023. The bill was forwarded to the House
Committee on Energy and Commerce by its Subcommittee on Communications
and Technology on May 17, 2023.
• H.R. 3565, introduced on May 22, 2023, would, among other spectrum
provisions, reinstate the FCC’s spectrum auction authority through September 30,
2026. This bill was ordered to be reported by the Committee on Energy and
Commerce on May 24, 2023.
In the Senate, Senator Mike Rounds introduced a bill to reinstate the FCC’s spectrum auction
authority:
10 Jimm Phillips, “3.1-3.45 GHz 5G Structure Deal Elusive in Spectrum Bill Talks’ Waning Days,” Communications
Daily, December 16, 2022, https://communicationsdaily.com.
11 Howard Buskirk, “House Republican Criticizes FCC for Not Issuing T-Mobile 2.5 GHz Licenses Amid Authority
Lapse,” Communications Daily, April 19, 2023, https://communicationsdaily.com.
12 Jimm Phillips and Howard Buskirk, “Rosenworcel, Other Biden Officials Push for US Leadership on 6G at Summit,”
Communications Daily, April 24, 2023, https://communicationsdaily.com.
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• S. 650, introduced by on March 2, 2023, would reinstate the FCC’s auction
authority through September 30, 2023. The bill was referred to the Committee on
Commerce, Science, and Transportation.
Options for Congress
Although many Members have expressed support for reinstating the authority, they have not
reached agreement on the period of the reinstatement.13 The 118th Congress may consider several
possible legislative vehicles for reinstatement, including a stand-alone bill; a comprehensive
spectrum package that would include, among other things, an extension of FCC’s auction
authority; or provisions in an annual appropriations bill.
Table 1 presents six policy options for Congress to extend the FCC’s spectrum auction authority,
including possible benefits and challenges of each.
Table 1. Congressional Options to Reinstate the FCC’s Spectrum Auction Authority
Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to
The FCC’s spectrum auction authority
Some Members have expressed interest
provide a short-term (e.g., would be reinstated. Spectrum-related
in comprehensive spectrum legislation
months) reinstatement of
activities, including the granting of
rather than a short-term stand-alone bil .
the FCC’s spectrum
licenses from previous auctions, would
If passed, the reinstatement of the FCC’s
auction authority.
resume.
auction authority would be limited to a
finite number of months and may not
provide public and private sector
stakeholders with planning certainty.
Pass a stand-alone bil to
The FCC’s spectrum auction authority
Some Members have expressed
provide a mid-term (e.g.,
would be reinstated. Spectrum-related
preference for comprehensive spectrum
one to two year)
activities, including the granting of
legislation. If passed, it is uncertain how a
reinstatement of the
licenses from previous auctions, would
mid-term extension would affect the
FCC’s spectrum auction
resume.
development of comprehensive
authority.
Congress could use the duration of the
spectrum legislation, which might delay
reinstatement to develop comprehensive the identification of new spectrum bands
spectrum legislation, potentially
for auction. Spectrum availability may
incorporating information from the
impact industry’s ability to develop and
DOD spectrum study mandated under
deploy new wireless technologies.
P.L. 117-58 to identify new spectrum
bands for reallocation and auction.
13 Jimm Phillips and Howard Buskirk, “No Hill Consensus on Reconsidering Sept. 30 FCC Spectrum Authority
Renewal Bid,” Communications Daily, May 1, 2023, https://communicationsdaily.com.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
Option for Congress
Possible Benefits
Possible Challenges
Pass a stand-alone bil to
The FCC’s spectrum auction authority
Long-term or permanent authorities may
provide a long-term (e.g.,
would be reinstated. Spectrum-related
reduce deadline-driven opportunities for
five or more years) or
activities, including the granting of
Congress to maintain oversight of FCC
permanent reinstatement
licenses from previous auctions, would
spectrum auction activity and to
of the FCC’s auction
resume.
introduce spectrum reforms.
authority
Congress could use the duration of the
If passed, it is uncertain how a long-term
reinstatement to develop comprehensive extension would affect the development
spectrum legislation, potentially
of comprehensive spectrum legislation,
incorporating information from the
which might delay the identification of
DOD spectrum study mandated under
new spectrum bands for auction.
P.L. 117-58 to identify new spectrum
Spectrum availability may impact
bands for reallocation and auction.
industry’s ability to develop and deploy
A long-term or permanent
new wireless technologies.
reinstatement of the FCC’s spectrum
auction authority may provide public and
private sector stakeholders the greatest
degree of planning certainty.
Pass comprehensive
Comprehensive spectrum legislation that Members may have a number of
spectrum legislation that
reinstates the FCC’s spectrum auction
divergent priorities for comprehensive
includes a mid- or long-
authority for some number of years,
spectrum legislation and negotiations
term or permanent
identifies specific bands for auction, and
could be lengthy. Bundling reinstatement
reinstatement of the
sets priorities for spending auction
of the FCC’s spectrum auction authority
FCC’s spectrum auction
revenues may provide public and private
in comprehensive legislation may delay
authority.
sector stakeholders with planning
reinstatement for the duration of
certainty and foster the development
negotiations.
and deployment of new wireless
technologies.
Temporarily reinstate the
A temporary reinstatement of the FCC
Waiting for an appropriations bil could
FCC’s spectrum auction
spectrum auction authority would
leave the FCC without auction authority
authority in a continuing
provide the agency a finite period to
for many months.
resolution or FY2024
continue work from previously
appropriations legislation.
conducted auctions (e.g., 2.5 GHz).
Pass legislation that
Identifying specific bands for auction and
Congress would assume the task of
identifies specific bands
granting the FCC authority to auction
identifying spectrum for auction, shifting
for auction and grants the
only those bands may allow Congress to
this responsibility away from the FCC
FCC authority to auction
play an active role in identifying
and other federal agencies. Congress
those bands only.
spectrum to be auctioned, for what
would have to grant the FCC auction
purpose, and when.
authority for each identified band, which
could add time to the spectrum
identification and auction processes.
Source: CRS.
Discussion
Some Members have previously favored stand-alone legislation to extend the FCC’s spectrum
auction authority, with a commitment to work on a comprehensive spectrum package that could
incorporate various congressional priorities (e.g., identification of spectrum for future auction,
interagency coordination on spectrum reallocation, funding proposals, and an extension of FCC
auction authorities).14 These Members have generally proposed stand-alone bills with short-term
14 For example, see “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/
video/?522120-1/senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:07:27],
statement of Senator John Thune [0:12:54], and statement of Senator Ben Ray Luján [00:40:39].)
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
extensions (e.g., several months), to ensure the FCC’s auction authority did not lapse and to
provide Congress with time to come to agreement on a comprehensive spectrum package.
Some Members have proposed longer-term extensions (e.g., 18 months, 2 years) in
comprehensive spectrum packages from the 117th Congress (e.g., H.R. 7624 and S.Amdt. 6585).
Both bills included elements of a comprehensive package such as interagency coordination,
allocation of revenues, investment in spectrum research, and an extension of FCC’s auction
authority, but neither included a spectrum pipeline provision (i.e., the identification of several
specific bands for auction). Some Members supported these bills because they address a number
of spectrum policy issues, while providing Congress more time to identify future bands for
inclusion in a potential spectrum pipeline.15 Other Members support the development of
comprehensive spectrum legislation that would identify specific spectrum bands for auction.16
Some Members have asserted that the FCC’s spectrum auction authority gives both federal
agencies and the wireless industry planning certainty.17 They have advocated for a long-term
extension of the FCC’s spectrum auction authority, similar to the long-term extension adopted in
2012 (P.L. 112-96, Title V), which extended the authority for a decade.18 They assert the 2012
approach was effective and integral to supporting innovation and economic growth in the United
States.19 These Members support development of comprehensive spectrum legislation that would
couple a long-term reinstatement of the FCC’s spectrum auction authority with the identification
of spectrum for future auctions, the allocation of auction revenues to public interest programs,
and the improvement of interagency spectrum coordination.20
The Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58, §90008) directs the DOD to
conduct a study of the 3.1-3.45 GHz band to inform its future use and potential future auction of
frequencies in the band.21 During the 117th Congress, Members introduced legislation (H.R. 7624,
S. 4117) and proposed amending legislative language (S.Amdt. 6585) to repeal or amend certain
aspects of Section 90008 of the IIJA. These proposals would have changed the focus of the DOD
study of the 3.1-3.45 GHz band, the process for identifying frequencies in the 3.1-3.45 GHz band
for auction, and authorities given to DOD in determining which frequencies could be shared.22
The proposals also included additional spectrum provisions, such as improvements to interagency
coordination on spectrum reallocation, identification of spectrum for auction, allocation of
15 Ibid. (See statement of Senator John Thune [00:14:26].)
16 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. See also C-SPAN, “Senate
Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, https://www.c-span.org/video/?522120-1/senate-
hearing-wireless-spectrum. (See statements of Senators Maria Cantwell [01:42:32].) See Jimm Phillips and Howard
Buskirk, “Spectrum Bill Talks Continue; Cantwell Balks at 18-Month FCC Auction Law Extension,” Communications
Daily, June 29, 2022, at https://communicationsdaily.com. (Discusses Senator Cantwell stating that she would like
Senate Commerce to weigh in on House legislation, “instead of automatically backing the House proposals.”)
17 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See statement of Senator John Thune [0:14:38].)
18 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.
19 “Senate Hearing on Wireless Spectrum,” C-SPAN.org, August 2, 2022, at https://www.c-span.org/video/?522120-1/
senate-hearing-wireless-spectrum. (See opening statements of Senator Roger Wicker [00:08:05], and Senator John
Thune [00:14:26].)
20 Ibid.
21 CRS In Focus IF12350, Repurposing 3.1-3.55 GHz Spectrum: Issues for Congress, by Jill C. Gallagher.
22 Section 90008 of the IIJA requires that the Secretary of Commerce can identify frequencies for shared use only if the
Secretary of Defense has determined that sharing those frequencies with nonfederal users would not impact the primary
mission of military spectrum users in the band.
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The FCC's Spectrum Auction Authority: History and Options for Reinstatement
expected auction revenue to public interest programs, and extension of the FCC’s general auction
authority, which had bipartisan support.23 However, some Members strongly opposed the repeal
or amendment of Section 90008 of the IIJA.24 None of these spectrum proposals were enacted.
In May 2023, DOD reported in its DOD Strategic Management Plan (2022-2026) that it is
continuing its study of the 3.1-3.45 GHz band. DOD reported that it is working in partnership
with the National Spectrum Consortium (NSC), and has established the Partnering to Advance
Trusted and Holistic Spectrum Solutions (PATHSS) Task Group to identify sharing solutions,
inform policy and processes, and create a replicable approach for addressing future spectrum
sharing scenarios. DOD listed the targeted completion date for the study as FY 2023.25
The 118th Congress has introduced both stand-alone legislation to renew the FCC’s auction
authority (H.R. 1108, H.R. 3345, and S. 650) and comprehensive spectrum legislation (H.R.
3565) that would identify spectrum for auction, auction new spectrum bands, distribute revenues
for public interest programs, and renew the FCC’s auction authority. Still, some Members have
reiterated the need to wait for this DOD study of the 3.1-3.45 GHz band before proceeding on a
comprehensive spectrum bill.
Author Information
Patricia Moloney Figliola
Jill C. Gallagher
Specialist in Internet and Telecommunications
Analyst in Telecommunications Policy
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
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.
23 Jimm Phillips and Howard Buskirk, “Senators Eye Replicating Spectrum Deal in 2023 amid 3.1-3.45 GHz Text
Fracas,” Communications Daily, December 28, 2022, https://communicationsdaily.com/article/view?search_id=
729862&p=1&id=1461394&BC=bc_64fbfe98c2126. (Stating that there was “four-corners agreement between” House
Commerce Committee Chairman Frank Pallone, D-N.J., ranking member Cathy McMorris Rodgers, R-Wash., Senate
Commerce ranking member Roger Wicker, R-Miss., and Senator Cantwell).
24 Jimm Phillips, “Deal to Attach Spectrum Innovation Act to Omnibus Is Dead, Aides Confirm,” Communications
Daily, December 20, 2022, https://communicationsdaily.com/article/view?search_id=591977&p=4&id=1454165&BC=
bc_64fbfbdd2f4ec. (Citing opposition from Senator Rounds.)
25 U.S. Department of Defense, DOD Strategic Management Plan 2022-2023 (updated), March 6, 2023, p. 44,
https://media.defense.gov/2023/Mar/13/2003178168/-1/-1/1/DOD-STRATEGIC-MGMT-PLAN-2023.PDF.
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