Senate Action Still Needed to Preserve FCC's Spectrum Auction Authority

The FCC's statutory authority to conduct competitive bidding spectrum auctions and issue licenses to winning bidders is set to expire tonight, March 9. As of the writing of this blog post, the Senate has neither passed the S.650 – the temporary extension bill sponsored by Senator Mike Rounds, nor has it passed H.R. 1108 – which was passed by the House of Representatives last week. Hopefully, Congress can find a way to preserve the Commission's authority and thereby avoid any delays or disruptions in future spectrum auctioning and licensing.  

According to reports, there is disagreement between members of Congress over the length of the temporary extension to be granted to the Commission. Apparently, disagreement centers around the prospective reallocation of the 3.1-3.45 GHz band for commercial licensing by the Commission. It is reported that there is a Defense Department report on the 3.1-3.45 GHz band in the works, and that some members of the Senate prefer a lengthier extension so that Congress will have access to the forthcoming DoD report before making addressing future use of the lower 3 GHz band as part of a more long-term extension of the FCC's spectrum auction authority.

As explained in my February 2021 Perspective from FSF Scholars, "Fast Action on the Lower 3 GHz Band Will Secure America's 5G Future," reallocation and licensing of mid-band spectrum is particularly important for timely deployment of private commercial 5G wireless services. Repurposing 3.1-3.45 GHz band spectrum is rightly a top priority for Congress. And Free State Foundation Senior Fellow Andrew Long wrote in a Perspectives from FSF Scholars published on February 23 of this year, "Extending FCC Spectrum Auction Authority is Essential to the 5G Race." Thus, preserving the FCC's spectrum auction authority and the continuity of operations is undeniably necessary for making more mid-band spectrum available for commercial use. 

 

Right now, the onus is on the Senate to move matters forward on extending FCC spectrum authority. But one way or another, Congress needs to promptly work through the impasse and replenish the spectrum pipeline for next-generation wireless services.