
Illustration: Annelise Capossela/Axios
The completion of a Pentagon spectrum report could break the congressional stalemate over how to reauthorize the FCC's auction powers.
Why it matters: Congress in March let the FCC's spectrum auction authority lapse for the first time in 30 years.
- It's a tool that companies, advocates and government officials say is imperative for meeting the demands of 5G and remaining competitive against China.
- At an Axios event Wednesday morning, FCC Chair Jessica Rosenworcel said she's hopeful the completion of the DOD report sparks action: "I'm an optimist, but I'm also impatient. So the sooner the better."
State of play: Legislation to reauthorize the FCC's authority has been held up because of language that would open up the lower 3 GHz band, currently under the Pentagon's control, for commercial use.
- Some lawmakers, including Sen. Mike Rounds, said they wanted to see a DOD study on whether sharing the band is possible before moving forward with the legislation.
- The report, which is due Saturday, has been completed and officials have found "it is virtually impossible to share at all," Rounds told Axios on Wednesday.
- DOD and Commerce did not respond to requests for comment.
Yes, but: The details of the report aren't known, and some form of sharing could still be in play.
- Commerce officials have expressed a willingness to balance economic and national security priorities, and some industry players expect the department will conclude sharing some of the band is feasible.
- "We're very hopeful that once the report comes out that this moves very quickly, through Commerce and to the FCC to get things done. This is spectrum that can be put to use soon," said David Redl, a former NTIA administrator who is now advising the Spectrum for the Future coalition.
Flashback: The FCC in 2015 established the Citizens Broadband Radio Service for sharing the 3.5 GHz band.
- The Spectrum for the Future coalition points to that model as evidence that broad sharing can lead to innovation and economic growth, and it opposes what it calls a "bifurcated approach" backed by the wireless industry.
- That approach would expel the military from the 3.3–3.45 GHz segment of the band and make it available "for exclusive, full-power use by a few winning bidders," coalition spokesperson Tamara Smith said.
- "In contrast, CBRS-style sharing allows the military to retain priority access in the entire 3.1–3.45 GHz band, while allowing other users to take advantage of unused spectrum. This is the option that Pentagon leaders have supported in the past," Smith added.
What they're saying: "My goal continues to be to reauthorize the FCC's expired spectrum auction authority and underscore the role of NTIA as the lead agency responsible for managing federal spectrum resources," House Energy and Commerce Committee Chair Cathy McMorris Rodgers said.
- "I am hopeful that with the submission of this report, the Commerce committees will finally be able to reauthorize spectrum auction authority, which is critical to our national security and technological leadership."
- Meredith Attwell Baker, president of wireless trade association CTIA, said: "5G already coexists with U.S. military systems in the lower 3 GHz band in more than 30 countries around the world, including here in the United States along the border with Mexico."
- "To secure America's 5G leadership, we urge NTIA and the Biden Administration to conduct a comprehensive review of the opportunities for making this spectrum available as quickly as possible, as Congress intended in the Infrastructure Investment and Jobs Act."
