House Passes Bill for 6G Task Force and Report

On April 28, the U.S. House of Representatives passed, by a unanimous voice vote, H.R. 2449 – the "Future Uses of Technology Upholding Reliable and Enhanced Networks Act" or the "Future Networks Act." Sponsored by Rep. Doris Matsui and co-sponsored by Reps. Rick Allen and Tim Walberg, the Future Networks Act, if it were to be passed by Congress and signed into law by President Donald Trump, would direct the FCC's Chairman to appoint a "6G Task Force" that would prepare and send to Congress a report on developing standards, uses, and related issues involving future 6G wireless networks. 

Under the bill, the members of the 6G Task Force would include representatives of the communications industry, public interest organizations or academic institutions, and representatives of federal, state, local, and tribal governments. The Future Networks Act requires that, within 180 days of the 6G Task Force being established, the group prepare a draft report on 6G wireless technology. The draft report would be published on the FCC's website and in the Federal Register for public comment Following the public comment period, and within 1 year of the 6G Task Force being established, the group would publish their final report and submit it to House and Senate Committees. 

The development of 6G technologies, standards, and spectrum policies no doubt will be a multi-faceted and complex undertaking. A future 6G report by the type of task force proposed in the Future Networks Act could serve as a valuable storehouse of knowledge for Congress, the FCC, and the Executive Branch and help pave the way for a successful eventual launch of 6G wireless networks. Now that the Future Networks Act has passed the House, the Senate should give the bill due consideration. 

 

In an April 2023 blog post, Free State Foundation President Randolph May identified the restoration of the FCC's authority to conduct competitive bidding spectrum license auctions as essential for future 6G network deployment. However, in the near term, there are many opportunities for expanding 5G networks by repurposing spectrum from government use to private use. Seizing those opportunities depends not only on a replenished spectrum pipeline but revival of the Commission's auction authority. The 119th Congress should restore the FCC’s authority on spectrum license auctions and encourage timely replenishment of the spectrum pipeline. 

House Committee Advances New Bill to Reauthorize and Strengthen NTIA

On April 11, the House Commerce Committee voted to approve the National Telecommunications and Information Administration Act of 2025 – HR 2482, a bill introduced on March 31 by Representatives Bob Matsui and Doris Matsui. The bill would reauthorize the NTIA for the first time in over 30 years. Additionally, HR 2482 would elevate the position of NTIA Administrator from a Deputy Assistant Secretary in the Commerce Department to a Deputy Under Secretary.  

Elevating the position of NTIA Administrator likely would give the officer more clout in undertaking important agency functions, such as coordinating spectrum use and planning among executive branch agencies. Federal government agencies occupy a significant amount of spectrum. Stronger leadership at NTIA could help further a more effective interagency spectrum coordination process for repurposing some of that spectrum for private commercial use. 

 

As recounted in a blog post from July 31, 2023, the House Commerce Committee passed an earlier version of the NTIA Reauthorization Act during the 118th Congress. The prompt passage of HR 2482 in the 119th Congress indicates that this bi-partisan legislation could become law this year. 

 

Credit is due to Reps. Latta and Matsui for their persistence on the NTIA Reauthorization Act. HR 2482 deserves a timely vote by the House of Representatives.   

Spectrum Pipeline and FCC Auction Bill Introduced in House

In welcome news, on January 23, Rep. Rick Allen W. Allen announced the introduction in the House of Representatives of the Spectrum Pipeline Act of 2025. The Act, if it were to become law, would require the NTIA to identify at least 2,500 megahertz (MHz) of mid-band spectrum for reallocation from federal government use to non-federal or shared use in 5 years of the bill's enactment, including at least 1,250 MHz within the next 2 years.  

Additionally, the Act renews the FCC's authority to conduct spectrum license auctions and issue licenses to bid winners. The Commission's authority lapsed in March 2023. Under the Act, the Commission would be required to auction at least 1,250 MHz of spectrum for full-power commercial wireless service within 6 years, and at least 600 MHz of that spectrum must be auctioned within 3 years. 

 

Notably, the Act also requires the FCC to allocate at least 125 MHz of spectrum for unlicensed use, such as WiFi. 

 

At the January 23 hearing on wireless technology held by the House Subcommittee on Communications & Technology, there appeared to be bipartisan unanimity on the conclusion that more spectrum needs to be put into use for licensed and unlicensed use and that the FCC's lapsed spectrum license auction authority should be restored promptly. 

The Commission's 2024 Communications Marketplace Competition Report includes a chart by CTIA that shows the dramatic rise in mobile data traffic, and an unmistakable upward trend that will continue as more and more connected devices go into use and as data usage per subscriber continues to go up: 

Additionally, the 2024 report observes that "[a] large proportion of mobile data traffic is delivered on an unlicensed basis through Wi-Fi, Bluetooth, and similar protocols." Furthermore: "Telecom Advisory Services asserts that the economic benefits associated with Wi-Fi in the United States will rapidly grow to $2.4 trillion in 2027, including an estimated $514 billion in consumer benefit, $624 billion in producer surplus, and $1,286 billion in GDP." And "[a]ccording to LightReading, the average Verizon subscriber offloads approximately 78% of their data onto Wi-Fi, for example, while Comcast subscribers offload approximately 94%." For other highlights from the report, see my Perspectives from FSF Scholars, "The FCC's 2024 Communications Marketplace Report: Time for a Broader View of Competing Broadband Services," published January 24, 2025. 

 

Also important is the NERA study published on January 23 that estimates the tremendous economic value created through the allocation of spectrum for licensed use. For more on that, see my January 23 blog post, "Report: Putting Mid-Band Spectrum into Licensed Use Adds Billions to Economy."

 

The Spectrum Pipeline Act that Rep. Allen introduced is a companion to the similarly-titled bill from March 2024 that Senators Ted Cruz and John Thune sponsored. As Free State Foundation President Randolph May stated in a March 11, 2024, Media Advisory regarding the Senate bill from the last Congress: 

No doubt there may be different views regarding the specific dates and amounts identified for reallocation contained in the bill. But there should be widespread agreement that it provides a good basis for moving forward promptly to develop a bipartisan, bicameral plan to address the nation's now-lagging spectrum efforts.

Everything President May said then applies with equal measure to the Spectrum Pipeline Act of 2025. Several months later, no substantial progress has been made on the wireless spectrum front. Timely action by Congress is even more important to get the desired result from having more spectrum in use. Rep. Allen deserves credit for filing the bill and undertaking efforts to make that happen. 

Report: Putting Mid-Band Spectrum into Licensed Use Adds Billions to Economy

On January 23, CTIA published a report, "The Economic Impact of Each Additional 100 MHz of Mid-band Spectrum for Mobile." 

The report, prepared by NERA, identifies the serious looming shortfall of mid-band range (1 GHz to 7 GHz bands) spectrum for licensed use in the face of sharply rising demand – and it goes on to estimate the tremendous economic benefits that result from putting more spectrum into licensed use:

[T]he wireless industry is rapidly approaching a spectrum deficit that will result in network congestion, thereby hindering the continued growth fueled by the wireless industry. Projections indicate that wireless operators will need at least 400 MHz of additional spectrum by 2027 to meet the needs of the U.S. economy, a deficit that will continue to grow to over 1400 MHz by 2032.

…

We estimate that each additional 100 MHz of mid-band spectrum to mobile will generate $264 billion of GDP, about 1.5 million new jobs, and about $388 billion in consumer surplus. The impact of 400 MHz of mid-band spectrum would be $1.1 trillion of GDP, 6.18 million new jobs, and about $1.5 trillion in consumer surplus. Beneficial effects would continue to accumulate beyond 400 MHz, and we estimate that by 2028 even 400 MHz of new 5G spectrum will not be enough to keep up with consumer demand.

The report traces the economic benefits of allocating mid-band spectrum for wireless use, including better mobile and fixed wireless access (FWA) for consumers and business employers, as well as support for industries that rely on mobile connectivity or serve the wireless industry.  

 

Reallocating spectrum occupied by federal agencies for licensed commercial use will require Congress to reauthorize the FCC's authority to conduct spectrum auctions and issue licenses to bid winners. Restoring that authority should be a top priority of the 119th Congress. Achieving this result and maximizing the economic benefits of licensed spectrum use also likely will depend on Congress and the Trump Administration finding ways to accelerate or revamp the existing National Spectrum Strategy to get lower 3 GHz and other spectrum ready on a much faster timetable.  

House Passes NDAA With Small Spectrum Provision, But Pipeline Still Empty

On December 11, the U.S. House of Representatives passed H.R. 5009, the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 ("NDAA"). Among the massive bill's contents, H.R. 5009 authorizes the FCC to conduct a spectrum license auction for the Advanced Wireless Services (AWS-3) bands, with auction proceeds of up to more than $3 billion going to fund the Secure and Trusted Communications Network Reimbursement Program. Also known as "rip-and-replace," the program reimburses small advanced communications service providers for expenses due to the removal, replacement, and disposal of communications equipment provided by Huawei or ZTE. 

Back in 2014, the FCC conducted Auction 97 for AWS-3 licenses, but 197 of those licenses were entangled in administrative processes and litigation. If H.R. 5009 becomes law, it would do good by enabling that valuable spectrum to be put to use. 

 

The AWS-3 spectrum license auction provision in H.R. 5009 appears reasonable and beneficial as far as it goes. But H.R. 5009's AWS-3 provision is a targeted measure involving only a small amount of spectrum. The bill would not address the larger issue of the FCC's lapsed general authority to conduct licensed spectrum auctions and issue licenses. Nor would it address the need for significant amounts of more spectrum to be put into the pipeline for repurposing and auctioning by the Commission to support next-generation commercial wireless services. 

 

In 2025, the 119th Congress needs to make the revival of the FCC's spectrum auction authority a priority and – in coordination with the incoming Trump Administration – hopefully authorize specific bands for repurposing and auction. 

NTIA Spectrum Strategy Implementation Plan Announced at FSF Policy Conference

At Free State Foundation's 16th Annual Policy Conference held on March 12, the NTIA's Senior Spectrum Advisor Scott Blake Harris announced the release of the its National Spectrum Strategy Implementation Plan.

The Plan and an accompanying press release briefly summarizing it are available at the NTIA's website. Video of Mr. Blake's keynote address is available online. If Mr. Blake's prepared remarks at FSF's Annual Policy Conference become available, we will post them. FSF appreciates Mr. Blake's appearance at the Conference.

 

On January 2 of this year, FSF President Randolph May and Senior Fellow Andrew Long filed comments with the NTIA on the implementation of the National Spectrum Strategy. In those comments, FSF President May and Mr. Long emphasized the crisis of the empty spectrum pipeline and the need to take action to repurpose mid-band spectrum for commercial use. Stay tuned for more from FSF Scholars on the NTIA's Implementation Plan, spectrum policy, and the 17th Annual Policy Conference.
 

(*This post was updated on 3/15/2024 with information and links to the video of Mr. Blake's address at #FSFConf16.)

Report Shows U.S. Needs to Allocate and Harmonize More Mid-Spectrum for Wireless Use

On February 7, CTIA released a report by Accenture titled "Advancing U.S. Wireless Excellence – The Case for Global Spectrum Harmonization." The report itself is excellent in describing both the economic benefits of allocating mid-band spectrum for commercial wireless use and the benefits of harmonizing U.S. spectrum allocations in the mid-band range with other nations. 

But to reap those benefits, the U.S. needs to maintain its leading role by making more mid-band spectrum available. In its report, Accenture found that, as of 2023, the five leading countries in mid-band spectrum availability dedicated an average of 652 MHz to commercial wireless use. But the U.S. faced a 202 MHz mid-band spectrum deficit compared to those nations. Accenture projects that in the year 2027, the five leading nations will dedicate an average of 970 MHz of mid-band spectrum to commercial wireless use. But due to the lack of spectrum in the pipeline in the U.S., our nation's spectrum deficit will grow to 520 MHz in 2027.

 

Accenture identifies the 3.3-3.45 GHz band, the 4.4-4.94 GHz band, and the 7.125-8.5 GHz band as ideal for commercial use and global spectrum harmonization. As explained in the report, spectrum harmonization could benefit U.S. consumers and businesses to the tune of tens of billions of dollars: 

Spectrum harmonization can standardize network equipment and wireless device production, resulting in less market variation in radio requirements for these technologies. With more harmonization, fewer variations of network radios and wireless devices must be produced, and complex devices that support a wide range of frequencies can be simplified. These efficiencies result in cost savings for end users and drive additional downstream benefits (e.g., accelerated network deployment, earlier adoption of industry use cases, etc.) unlocking approximately $23B-$44B in value for industry and consumers over the next 10 years. Additionally, harmonization will improve network performance through minimized downtime, reduced interference, and better roaming.

And the Accenture report estimates that the overall economic benefits of industry expansion, innovation, and job creation from future U.S. leadership in a more harmonized wireless ecosystem total between $125 billion and $155 billion over a decade. 

But the U.S. will miss out if it fails to promptly replenish the spectrum pipeline with mid-band spectrum for licensed commercial wireless use. On January 2 of this year, Free State Foundation Randolph May and Senior Fellow Andrew Long submitted public comments to the NTIA regarding the agency's implementation of the National Spectrum Strategy. As explained in FSF's comments, although the NTIA's November 13, 2023 Strategy identifies 2,786 MHz of spectrum for study, that is no guarantee that a single megahertz actually will be dedicated for commercial wireless use and the Strategy "fails to tackle the difficult work necessary to rationally balance government and commercial demands for this high-value, limited resource." FSF's comments conclude: "The reality… is that NTIA must embrace the challenging work required to identify – and in fact repurpose – government-held spectrum that would better serve our nation's interests were it put to commercial use, whether on a licensed or unlicensed basis. And do so in a timely manner." 

For more, see my November 2023 blog post, "NTIA Releases National Spectrum Strategy, But Pipeline Remains Empty."

Commissioner Carr to Congress: Renew FCC's Auction Authority

As reported by Christopher Cole in Law360 (subscription required), Commissioner Brendan Carr seized the moment at the FCC's August Open Meeting and urged Congress to renew the agency's spectrum auction authority.

In a recent post to the Free State Foundation's blog, I once again noted the importance of the FCC's auction authority, which was allowed to lapse in March of this year. (I first addressed this topic in "Extending FCC Spectrum Auction Authority Is Essential to the 5G Race," a February 2023 Perspectives from FSF Scholars.)

Before voting to approve a Notice of Inquiry regarding non-federal spectrum usage, Commissioner Carr made a similar plea:

I'd be remiss if I didn't note today, while we have a number of some of the top congressional staffers in the room, to reiterate the call for Congress to reauthorize the FCC's spectrum auction authority. So I know it's August recess, Congress isn't in session, but if, over the August recess, you happen to find some good spectrum auction authority somewhere, we would be happy to put it to good use.

Chairwoman Rosenworcel responded by thanking him for "the shameless plug."

To view this interaction, please click here.

Congress Should Reinstate the FCC's Spectrum Auction Authority

On Monday, four members of the House Energy and Commerce Committee, including Chair Cathy McMorris Rodgers (R-WA), issued a statement indicating that they are "extremely disappointed" that Congress has not yet passed the Spectrum Auction Reauthorization Act of 2023 (H.R. 3565).

In "Extending FCC Spectrum Auction Authority Is Essential to the 5G Race," a February 2023 Perspectives from FSF Scholars, I warned that, absent congressional action, the FCC's auction authority soon would expire – thereby shutting off the spectrum pipeline that is essential not only to our nation's continued global leadership in the mobile space, but also to our overall economic growth. On March 9, 2023, that concern became reality. And over four months later, the wait for a legislative solution drags on.

H.R. 3565 would reinstate the Commission's auction authority through September 30, 2026. It also would appropriate an additional $3.08 billion for the FCC's "rip-and-replace" program, which provides funds to remove from American communications networks suspect hardware manufactured by Huawei, ZTE and other untrustworthy sources.

As Free State Foundation President Randolph J. May noted in a May 25, 2023 post to the FSF Blog, the day prior H.R. 3565 advanced out of committee on a unanimous 50-0 vote. Unfortunately, it has not yet reached the House floor.

The expiration of the Commission's auction authority impacts more than just future auctions. FCC Chairwoman Jessica Rosenworcel has taken the position that the agency can neither grant to T-Mobile the licenses in the 2.5 GHz band for which it paid $304 million nor approve its request for special temporary authority (STA) to use that spectrum in the interim.

In a statement to Fierce Wireless, the FCC's press secretary wrote that subsection 11 of Section 309 of the Communications Act "clearly states that 'The authority of the Commission to grant a license or permit under this subsection shall expire March 9, 2023'; so, any special temporary authority the FCC could have would flow from this section of the statute, which as you know is still currently expired."

T-Mobile and others, including a group of former FCC General Counsels, interpret the relevant statutes and agency precedents quite differently.

Big picture, the path out of this situation is clear: Congress should act expeditiously to reinstate on a long-term basis the Commission's auction authority. In the meantime, the agency can and should consider seriously the legal arguments referenced above that would allow T-Mobile to put to its highest and best use – whether on a licensed or STA basis – the spectrum for which it already has paid.

As 5G Mobile Connections Grow, Congress Should Act on Spectrum

On June 28, 5G Americas issued a press release highlighting strong 5G adoption numbers during the first quarter of 2023 for North America – the U.S. and Canada. Citing data from Omdia, the press release stated:

North America continues to assert leadership in 5G wireless connectivity, as continued adoption fuels additional demand for improved 5G network services. By the end of Q1 2023, the region boasted an impressive tally of 133 million 5G connections and a staggering 503 million LTE connections. The 5G penetration rate in the North American market is steadily climbing and currently stands at nearly 36 percent, as 14 million new 5G connections came online during the first quarter of 2023.

Additionally, 5G Americas' press release cites an Omdia forecast that 5G will be the dominant mobile technology in North America by 2025, and that there will be 601 million subscriptions in North America by the end of 2027. The press release also includes figures and forecasts for 5G growth for the globe and for other regions.

 

The 5G Americas press release doesn't cite figures or make forecasts specific to the United States. However, it is imperative that the U.S. maintain its leadership among nations when it comes to 5G services. To securing that leading position through 2027 and beyond, Congress, the NTIA, and the FCC must act to replenish the spectrum pipeline, particularly with mid-band spectrum that is ideal for supporting 5G wireless networks. 

 

In public comments filed in the NTIA national spectrum strategy proceeding, Free State Foundation President Randolph May and I urged the agency to study and reallocate for commercial use at least 1,500 MHz of spectrum. We also recommended that the NTIA prioritize reallocation of the lower 3.1-3.45 GHz band, as we well as the 4 GHz and 7/8 GHz bands. 

 

Importantly, Congress also should promptly restore the FCC's authority to conduct competitive bidding auctions for spectrum licenses. That authority lapsed earlier this year. Apparently, this is the first such lapse since the Commission was first granted spectrum license auction authority in 1993. But on May 24, the House Energy and Commerce Committee passed H.R. 3565 – the Spectrum Auction Reauthorization Act of 2023. If passed into law, H.R. 3565 would restore the Commission's spectrum license auction authority through September, 2026. The bill also would direct the NTIA to conduct feasibility studies for making spectrum in the 4 GHz and 7/8 GHz bands available for "non-Federal use, shared Federal and non-Federal use, or a combination thereof." Hopefully, the bill will soon receive a full vote before the House of Representatives. 

Report: More Licensed Commercial Spectrum Needed to Avoid Looming Deficit

On April 17, CTIA publicly released a report by the Brattle Group, "How Much Licensed Spectrum is Needed to Meet Future Demands for Network Capacity?" This interesting report, which is worth reading in full, presents a scenario regarding macro cellular wireless networks that Congress and federal agencies ought to take very seriously:

We find that if no new spectrum bands are allocated for terrestrial mobile use in the next 5 years, then the U.S. is expected to have a capacity deficit of roughly 10 exabytes per month and a spectrum deficit of roughly 400 megahertz. In ten years, without new mobile spectrum, the capacity deficit will increase to almost 17 exabytes per month and the spectrum deficit will more than triple to approximately 1,400 megahertz.

The Brattle Group's report includes a brief overview analysis of why, in their view, possible technical solutions to reduce or avoid such a spectrum deficit, including Wi-Fi offloading, increased spectral efficiency, and construction of more physical facilities such as towers and small cells will be inadequate means to accommodate growing mobile data traffic demand. Indeed, the report includes the Brattle Group's projection that mobile data traffic in North America will increase from 5,846 petabytes (PB) per month in 2022 to 33,918 PB per month in 2032. 

 

The report's prescription for more commercial licensed spectrum availability is spot on. On the same day of the report's release, the Free State Foundation filed public comments with the NTIA for its Development of a National Spectrum Strategy proceeding. Those comments called attention to the empty spectrum pipeline and called for the repurposing of at least 1,500 MHz of mid-band spectrum for licensed commercial use. 

White Paper Examines the Prospects for Mid-Band Spectrum

On March 23, 5G Americas released a white paper titled "Mid-Band Spectrum Update." The white paper describes existing spectrum use as well future opportunities for spectrum use in the mid-band (1 GHz to 7 GHz) and "extended mid-band" (8.5-16 GHz) ranges. 

In previously published Perspectives from FSF Scholars papers and blog posts, Free State Foundation scholars have observed: (1) spectrum in the mid-band range is a necessary input for optimizing 5G networks and supplying surging demand for wireless data; and (2) there is a shortfall in mid-band spectrum availability. Right now, the federal government is the primary user or occupier of mid-band spectrum. Repurposing significant portions of that underutilized spectrum for private licensed commercial use is therefore a top-level priority. The 5G Americas white paper helpfully offers a description of the potential opportunities as well as challenges for repurposing different swaths of spectrum within the mid-band and extended mid-band ranges. 

The white paper observes that "[t]here are currently no bands in the spectrum pipeline in the U.S." Rightly, the white paper calls on the FCC and NTIA to create a new spectrum pipeline that prioritizes availability of lower range frequencies in the mid-band range of 3 to 8 GHz. The increasing urgency in identifying and repurposing spectrum for private commercial use also was a key topic of conversation at FSF's Fifteenth Annual Policy Conference, which was held on Tuesday, March 28th in Washington, D.C. In the weeks ahead, expect to hear more about what went down at #FSFConf15 and the need for a plentifully stocked spectrum pipeline to fuel 5G deployment in the U.S.