As I noted in a post to the FSF Blog last Thursday, two days prior the House Energy and Commerce Committee unanimously approved a bill granting the Federal Communications Commission (FCC or Commission) express authority to issue 2.5 GHz band spectrum licenses for which T-Mobile had paid $304 million prior to the lapse of the FCC's spectrum auction authority in March.
On Monday, the full House passed that legislation – the 5G Spectrum Authority Licensing Enforcement (SALE) Act (H.R. 5677) – by voice vote. Companion legislation approved by the Senate in September, S. 2787, now awaits President Biden's signature.
The text of the SALE Act is both short and straightforward:
In the case of any applicant for a license or permit for the use of spectrum in the band of frequencies between 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) on or before March 9, 2023, and to whom the Commission has not granted the license or permit as of the date of enactment of this Act, the Commission may process the application of the applicant during the 90-day period beginning on the date of enactment of this Act.
On numerous occasions, Free State Foundation scholars have emphasized the need for prompt action on the specific licenses won at auction and paid for by T-Mobile (here, here, and here) and, more broadly, reinstatement of the Commission's spectrum auction authority (here, here, here, here, and here).
In a November 17, 2023, letter to Representative Anna G. Eshoo (D-CA), FCC Chairwoman Jessica Rosenthal wrote that she was "encouraged" by the SALE Act – and that "[e]xpeditious action … will give the Commission the authority to issue the remaining 2.5 GHz licenses."
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