UPDATE Now that the House has passed a bill for a short-term extension of the FCC’s spectrum auction authority, what are its chances of Senate passage? The House passed the bill to reauthorize the FCC’s mandate to May 19.
But the extension’s passage in the Senate is not assured. Some lawmakers hope to pass a longer renewal as part of a broader spectrum legislative package, according to Communications Daily.
The House’s passage leaves the Senate a narrow window to clear the measure for the president’s signature before the FCC’s authority to conduct spectrum auctions expires on March 9. The last time Congress passed a long-term extension of the agency’s auction authority was in 2012, reports Roll Call. After that expired on September 30, 2022, lawmakers temporarily extended it through continuing resolutions. The fiscal 2023 omnibus appropriations law renewed the current authority.
The top Republicans on the Senate Commerce Committee and its Communications, Media and Broadband Subcommittee warned in a statement this month that “lawmakers shouldn’t rush into a bad deal just to secure any deal” on spectrum. “We are committed to developing a spectrum proposal that achieves the greatest value possible for American taxpayers while protecting our national security interests,” said Ted Cruz of Texas, the full committee ranking member, and John Thune of South Dakota, the communications subcommittee’s top Republican.
Former FCC Commissioner Robert McDowell told Roll Call the lawmakers’ statement reflects a desire to balance the priorities of the FCC and the Defense Department (DoD), the largest holder of federal spectrum. “You don’t want to have harmful interference into some bands because that’ll make the missile go off course or the plane to crash, if you’re DoD,” he said. “And then we don’t want harmful interference on our phones or medical devices because that’s going to be disruptive and damaging as well.”
He believes finding a consensus among competing interests is achievable. Last year, the House passed legislation that would extend the auction authority through March 31, 2024. The bill would have mandated auctions of specific spectrum bands for use by non federal entities and directed billions of dollars to implement the Next Generation 911 emergency service communications upgrade. It would have also funded “Rip & Replace.”
But the Senate didn’t take up the House legislation last year. McDowell thinks the new House bill will be used as the foundation for future spectrum legislation.
Last year, Senate Commerce Chair Maria Cantwell (D-WA) backed a proposal that would renew the FCC’s authority through December 31, 2025.
Cruz became the top Republican on Senate Commerce at the start of the new Congress. He wasn’t involved in the negotiations on the House-passed legislation and is taking a “fresh look” at the matter, according to a Senate Commerce GOP aide. Cruz opposes a long-term extension of the auction authority that doesn’t address keeping spectrum in the auction pipeline and overhauling the interagency spectrum management process, the aide said.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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