FCC Has Unique Role in Resolving Spectrum Disputes, Interest Groups Say

The FCC must be the decider in spectrum disputes, which was Congress’ intention when it approved the Communication Act in 1934, said Public Knowledge and the Digital Progress Institute in a paper released Wednesday. The paper notes the Commerce Department initially had authority to assign commercial spectrum licenses, but that duty was assigned to the Federal Radio Commission in 1927, and later the FCC. “Congress realized early on that giving an executive agency -- like the Department of Commerce -- the authority to regulate spectrum would create a massive conflict of interest in resolving spectrum disputes,” the paper said: “The reason is that the Executive Branch is a significant user of spectrum, and it would be difficult for a cabinet Secretary to be impartial when deciding either to grant a license to a commercial carrier or another executive agency.” Congress gave the FCC “a lot of tools to manage spectrum, as compared to the NTIA or any other agency,” the groups said: “Congress gave almost exclusive jurisdiction to the FCC to determine how commercial operators can use spectrum. … Congress had many opportunities to provide the NTIA with more spectrum allocation authority, but it did not.” The paper follows several disputes between the FCC and other agencies, most recently with the FAA over use of the C band for 5G.