House Committee Advances Bill on FCC Spectrum Auction Authority and Lower 3 GHz Band

As widely reported, on July 13 the House Energy and Commerce Committee voted 52-0 to recommend passage of the Spectrum Innovation Act of 2022. The Committee approved a substitute bill rolled together a handful of spectrum-related bills that previously were introduced in the 117th Congress. This a necessary and welcome development for helping to maintain a supply of new spectrum resources for next-generation wireless services.

The FCC's authority to conduct spectrum auctions is set to expire in September of this year. Among its provisions, the Spectrum Innovation Act would extend the Commission's auction authority to March 2024. And the Act, if it becomes law, would authorize the Secretary of Commerce, in consultation with other executive agencies and with the Commission, to identify at least 200 MHz in the 3.1-3.45 GHz band "for non-Federal use, shared Federal and non-Federal use, or a combination thereof." And the Commission would be authorized to conduct a competitive bidding auction for spectrum licenses in the lower 3 GHz band. 

This legislation is important for the future of wireless services and the U.S. economy. Hopefully, the House of Representatives will promptly vote on the legislation and the Senate likewise will take concerted action. 

The need to extend the Commission's spectrum auction authority and the desirability of a lower 3 GHz band auction mandate from Congress were subjects that came up during the Free State Foundation's Fourteenth Annual Policy Conference – #FSFConf14 – in Washington D.C. on May 6 of this year. (Panel videos from #FSFConf14 are available here and here.) Also, a prior version of the Spectrum Innovation Act was the subject of my May 3 blog post.