House Lawmakers Undecided on Scope of FCC Spectrum Authority Renewal Bill

House Communications Subcommittee members are continuing to wrestle with whether and how to package legislation to reauthorize the FCC’s spectrum auction authority with other related policy matters. Witnesses at a Wednesday hearing on those issues urged Congress to quickly renew the FCC’s sales authority and cited a range of other matters lawmakers should simultaneously consider, including directing proceeds to pay for other telecom projects and addressing interagency disputes on frequency allocations (see 2203150069).

House Commerce Committee Chairman Frank Pallone, D-N.J., warned during the hearing a renewal must happen “well before the FCC begins” its planned 2.5 GHz auction in July because “otherwise the auction will be disrupted.” Congress last extended the FCC’s auction authority via the 2012 spectrum law. That authorization will expire Sept. 30. “Without an extension, the FCC may not be able to complete at least one mid-band spectrum auction, and auctions that have already occurred may not be able to properly close,” Pallone said. “Providing certainty to both industry and government agencies for spectrum reallocations and auctions is a top priority," said committee ranking member Cathy McMorris Rodgers, R-Wash.

“The clock is ticking” on the FCC’s existing spectrum authority “and we’re doing our best to get it done” while also addressing other matters if possible, House Communications Chairman Mike Doyle, D-Pa., said in an interview. “The only way we’re going to move anything is if we get a bipartisan bill,” which he’s already working on with subpanel ranking member Bob Latta, R-Ohio. “We’ve sent it back and forth” and are “trying to accommodate changes,” including some Rodgers sought, Doyle said.

Rodgers and other Republicans told us the structure of a final bill and the extent to which it goes beyond simply extending the FCC’s authority are still very much up in the air. Lawmakers previously acknowledged it could be difficult to pass a comprehensive spectrum package during the remainder of this Congress because of the narrow legislative window remaining this year (see 2202070066). Some Commerce members have been eyeing a two-year renewal (see 2203040073).

Deadlines

“We need to have the authority renewed before it expires,” but “it only needs to stand alone” if lawmakers can’t reach a bipartisan deal before the current authority expires, said Congressional Spectrum Caucus co-Chair Rep. Brett Guthrie, R-Ky. “If we can have bipartisan agreement on different items, they should be part” of the legislation as long as it “doesn’t slow down” the reauthorization process. “We can do a lot of things in the House” quickly, but “if you don’t put them together, you lose momentum” toward getting a measure through the Senate, Guthrie said. He noted during the hearing he's working with House Communications Vice Chair Doris Matsui, D-Calif., on renewal legislation.

FCC Chairwoman Jessica Rosenworcel told reporters Wednesday she remains hopeful Congress will renew the auction authority before Sept. 30 and that the commission will be able to complete its 2.5 GHz auction, expected to start in July, before that deadline. “I don’t want to speculate on the outcome of any particular auction,” Rosenworcel said: “It is our plan and intention to kick off the 2.5 GHz band auction in July. I am hopeful we’ll be able to operate it without interruption. That will certainly be our goal.” Industry officials expressed concerns about the FCC’s ability to complete the auction before the current authority expires (see 2202110056).

“I don’t have a crystal ball to know exactly what’s going to happen” with the FCC’s authority, Rosenworcel said in response to a question about next steps by Congress. “I have expressed some thinking about” the matter, including calling for some auction money be used to pay for next-generation 911 tech upgrades (see 2203010070). “It makes good sense to use funds from public airwaves to support public safety,” she said.

The FCC missed an opportunity to conduct the 2.5 GHz auction last year, Commissioner Brendan Carr told reporters. “Now there’s concern … from Congress about getting that done while we still have our auction authority,” he said. “I am hearing concerns about” that and it’s understandable "why there would be consideration of some kind of short … extension that’s tied to” the 2.5 GHz auction “while Congress works through all the political policy puts and takes that would come with a longer term, broader extension.”

Doyle and other lawmakers are deciding whether the renewal should include language directing sales of specific frequencies, which witnesses strongly encouraged during the hearing. Doyle noted interest in inserting language from his Spectrum Innovation Act (HR-5378), which would authorize an FCC auction of at least 200 MHz on the 3.1-3.45 GHz band. Other spectrum mentioned included the 1.124-1.164 GHz, 1.3-1.35 GHz, 1.78-1.83 GHz, 4 GHz, 7.125-8.4 GHz, 12 GHz, 26 GHz, 42 GHz and 50 GHz bands.

House Communications Vice Chair Doris Matsui , D-Calif., noted during the hearing her interest in further exploring reallocation of the 7.125-8.4 GHz band for wireless use. Matsui urged NTIA Administrator Alan Davidson Tuesday to “prioritize” an ongoing review of “current federal assignments and quantification of spectrum usage” on the band that began in 2019. “A fulsome and holistic report has yet to be completed,” Matsui wrote Davidson. “Completion of this review would represent a critical first step in advancing our understanding this band’s potential for non-Federal use and make a critical down payment on the future of our spectrum pipeline.”

Guthrie touted his Simplifying Management, Reallocation and Transfer of Spectrum Act (HR-5486) as a potential part of a spectrum-focused package. HR-5486 would require NTIA to develop and implement a standardized framework for facilitating spectrum sharing between federal and nonfederal users (see 2110060073). Rep. Gus Bilirakis, R-Fla., cited hopes Congress will find a way to pass the Spectrum Coordination Act (HR-2501) to mandate periodic updates of the FCC’s spectrum memorandum of understanding with NTIA. House Commerce advanced the measure in November (see 2111170052).

Coordination, Revenue Questions

House Communications members from both parties repeatedly noted continued concerns about whether Rosenworcel’s February spectrum coordination agreement with Davidson (see 2202160064) will be enough to effectively quell the interagency spectrum infighting that plagued the Trump administration and extended into the Biden administration’s first year in office. Subpanel lawmakers previously raised questions about the agreement during a February NTIA oversight hearing (see 2202150001). Doyle noted his interest in Congress having a role in ensuring NTIA continues “to be recognized throughout the federal government as the entity tasked with balancing the needs and concerns of the federal government” and that the federal government speaks “with a clear, unified voice when making spectrum decisions.”

“We have seen challenges with how agencies coordinate their plans for introducing new services and studying the potential for harmful interference,” Latta said. “We should be looking at how these decisions will build trust in the engineering and certainty in the licensing process.” Rep. Bill Johnson, R-Ohio, is concerned about the “impact to” the U.S. public’s “trust” in spectrum policymaking given incidents like the high-profile C-band aviation safety fracas that preceded January delays in AT&T and Verizon rolling out commercial 5G use on the frequency (see 2201180065). “How can the American people trust what we’re doing if we miss something” as “big” as that, Johnson wondered.

House Transportation Committee leaders pressed the FAA Wednesday to hold regular briefings on its work to resolve the C-band aviation safety issues. “It is critical that the concerns of all parties involved be taken seriously and the sharing of critical safety data be prioritized,” House Transportation Chairman Peter DeFazio D-Ore., Aviation Subcommittee Chairman Rick Larsen, D-Wash., and 27 other committee members wrote FAA Administrator Steve Dickson. “Additionally, early and open lines of communication with all involved parties must be strengthened in order to adapt to a rapidly changing environment and ensure all voices are heard.” House Transportation backed the January delay of carriers’ full 5G rollout on the C band, but “many challenges and questions require further examination before this issue is resolved,” the lawmakers said.

Rep. Anna Eshoo of California and other House Communications Democrats drilled down during the hearing into how future FCC spectrum auction proceeds can pay for NG-911, public interest and consumer groups’ proposal for a Digital Equity Foundation to help close the digital divide (see 2202230058) and other projects. “Once and for all we really need to address this and make sure that every community” has NG-911, Eshoo said after getting witnesses to agree that future sales revenue should in part pay for 911 upgrades.

Rep. Yvette Clarke, D-N.Y., said she agrees “revenue generated from spectrum auctions could support public interest needs,” but suggested Congress also look at “how spectrum reallocations and auctions themselves” can “be constructed to promote digital inclusion and increase access to the affordability of 5G connectivity for unserved and underserved communities.”