(L-R) FCC Commissioner Nathan Simington, Commissioner Brendan Carr, Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks

Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel and her fellow commissioners sent an official request to a pair of government offices requesting Congress move to restore the FCC’s authority to conduct spectrum license auctions. The move comes as the broader telecom industry continues to clamor for access to more wireless spectrum to fuel 5G network expansion and prep for 6G work to counter those being offered by China.

In the letter, the FCC members reminded the heads of the House of Representatives’ Committee on Energy and Commerce and the Senate’s Committee on Commerce, Science and Transportation that the FCC's authority to conduct spectrum auctions lapsed on March 9. It added that through the previous 30-years of authority the FCC had opened up deep resources to power nearly ubiquitous cellular coverage and generated more than $233 billion in revenues for the U.S. Treasury.

“As a result, the agency’s auction program has enjoyed strong bipartisan support here at home and our efforts have been a model for regulators worldwide,” the FCC commissioners explained.

That worldview was also noted in terms of the U.S. maintaining its influence and standing in the global technology realm.

“Restoring this authority will provide the United States with the strongest foundation to compete in a global economy, counter Chinese technology leadership ambitions and safeguard our national security,” the FCC wrote.

The FCC’s request gained support from a number of industry trade associations, including 5G Americas, Competitive Carriers Association, CTIA, and the Wireless Infrastructure Association.

The FCC authority lapse is part of a bigger power play in Congress, highlighted by the fact that the FCC letter was signed by just four commissioners instead of the usual five. President Joe Biden’s most recent Democrat nominee to the FCC to fill that fifth seat, Gigi Sohn, last month withdrew her name due to what she called “unrelenting, dishonest and cruel attacks.”

The FCC now sits in a deadlock with two Democrat members and two Republican members.

Analyst firm GlobalData noted in a smartly titled report, “The U.S. spectrum pipeline is currently more clown car than cogent strategy,” noted the lapse has “created uncertainty” around the “country’s spectrum future.”

“The legislature dropping the ball on renewing the FCC’s spectrum auction authority is jamming up all manner of government spectrum business, including long-term agenda items like identifying and repurposing relevant spectrum bands and short-term requirements like handing over licenses for assets purchased in 2022,” Charles Garrett, senior global telecom consumer services analyst at GlobalData, noted.

Garrett did note that the U.S. telecom industry is fortuitously in a spectrum need lull, with many operators still in the midst of finishing up the deployment of already acquired spectrum assets to bolster their 5G networks. But he added that this lull is limited and a sound spectrum pipeline is essential.

“Successfully repurposing spectrum is a years-long ordeal that requires coordination and earnest cooperation across a variety of organizations and industries, many of which too often work at cross-purposes,” Garrett wrote. “The U.S. wireless operators, which are only just starting to see some of the advantages touted (too) early in 5G’s hype cycle, can ill afford a prolonged spectrum drought.”

The FCC request also followed quickly on the heels of a blog post by T-Mobile US’ now former President of Technology Neville Ray, who claimed the carrier’s 5G expansion plans were being held up by the ongoing FCC debacle.

Ray explained the FCC’s lack of authority to conduct spectrum auctions is preventing it from releasing $300 million in spectrum licenses the carrier won and had already paid for. He asked that the FCC grant Special Temporary Authority (STA) for the carrier to gain access to those 2.5 GHz spectrum assets to further bolster its 5G network.

“T-Mobile has built out the towers and radios needed to make use of this spectrum in many areas of the country,” Ray wrote. “If we were given STAs today, we could light up many of these markets in a matter of days. That’s right – those radios are deployed and ready to be turned up. The only thing separating nearly 50 million Americans from enhanced capacity, a huge speed boost and world-class 5G is the FCC issuing STAs. With the extra spectrum lit up, we’ll even have enough capacity to offer home internet to millions of families, many of whom never have had a choice in broadband providers.”

T-Mobile US won access to 7,156 spectrum licenses in the 2.5 GHz band at the conclusion of the FCC’s Auction 108 proceedings. The carrier was far-and-away the biggest winner in the auction, picking up more than 89% of the total licenses up for bid.

This FCC authority also pertains to the quasi-licensed Citizen Broadband Radio Service (CBRS) spectrum that is a significant part of ongoing private 5G network deployments. The FCC is in the process of looking at freeing up additional spectrum in the 3.1-3.45 GHz band that is currently used by the Department of Defense (DoD) can be freed up for shared access by commercial entities.