crs_reports: R47578

Congressional Research Service reports with summaries, authors, and topic classifications.

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R47578 The Federal Communications Commission’s Spectrum Auction Authority: History and Options for Reinstatement 2026-02-23T05:00:00Z 2026-03-04T11:09:05Z Archived Reports Patricia Moloney Figliola, Jill C. Gallagher, Jill C. Gallagher Telecommunications & Internet Policy Radio spectrum (“spectrum”) is the continuum of frequencies used to provide wireless services, such as radio broadcasting, mobile communications, and satellite services. It is a finite and valuable resource. In 1934, Congress created the Federal Communications Commission (FCC), an independent agency, to manage and allocate nonfederal use of spectrum. It grants licenses to nonfederal entities to use specific frequencies and sets terms and conditions to serve the public interest, avoid interference among users, and promote the most efficient use of spectrum. In 1993, Congress authorized the FCC to use competitive bidding (i.e., auctions) to grant licenses for rights to use specific frequencies for commercial wireless communications. That general auction authority was originally due to expire on September 30, 1998, but Congress has extended it several times. The most recent long-term extension, granted as part of the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96), was set to expire on September 30, 2022. Four additional extensions were made during the 117th Congress that allowed the FCC to conduct spectrum auction activities through March 9, 2023, when the FCC’s spectrum auction authority expired. It has not been reinstated. Supporters of reinstating the FCC’s auction authority see auctions as an effective means to manage spectrum access and use. During the 117th Congress, three bills and one Senate Amendment (H.R. 7783, H.R. 7624, S. 4117, and S.Amdt. 6585) would have extended the FCC’s general auction authority, the FCC’s authority to auction specific bands, or a combination of both. None became law. These bills and the amendment, however, highlight different methods for addressing the FCC’s spectrum auction authority that the 118th Congress could consider if it seeks to reinstate the FCC’s general spectrum auction authority or its auction authority for specific bands. In the House of Representatives, Representative Cathy McMorris Rodgers, chairwoman of the House Committee on Energy and Commerce, has introduced three bills to reinstate the FCC’s spectrum auction authority: H.R. 1108, introduced on February 21, 2023, would have reinstated the FCC’s auction authority through May 19, 2023 (passed by the House on February 27, 2023); H.R. 3345, introduced on May 15, 2023, would have reinstated the FCC’s auction authority through June 30, 2023; and H.R. 3565, introduced on May 22, 2023, would, among other spectrum provisions, reinstate the FCC’s spectrum auction authority through September 30, 2026. In the Senate, Senator Mike Rounds has introduced one bill to reinstate the FCC’s spectrum auction authority: S. 650, introduced on March 2, 2023, would reinstate the FCC’s auction authority through September 30, 2023. Members are currently debating the duration of a possible reinstatement of the FCC’s spectrum auction authority and the best legislative vehicle for it. Possible options include passing a stand-alone bill to provide a short-term (e.g., months) reinstatement of the FCC’s auction authority; passing a stand-alone bill to provide a mid-term (e.g., one- to two-year) reinstatement of the FCC’s auction authority; passing a stand-alone bill to provide a long-term (e.g., five or more years) or permanent reinstatement of the FCC’s auction authority; passing comprehensive spectrum legislation that contains multiple provisions, including a mid- or long-term reinstatement of the FCC’s auction authority; reinstating the auction authority in FY2023 appropriations legislation; or passing legislation that identifies specific bands and grants the FCC authority to auction those bands only. Many Members support reinstating the FCC’s auction authority. Some see the support for the reinstatement as an opportunity to build consensus around a comprehensive spectrum bill that packages multiple provisions—the identification of additional spectrum bands for auction, allocation of spectrum auction revenues, improvement of interagency coordination of spectrum management—in addition to a mid- or long-term extension of the FCC auction authority. Each option—a stand-alone extension or comprehensive legislation—comes with its own policy benefits and challenges. https://www.congress.gov/crs_external_products/R/PDF/R47578/R47578.10.pdf https://www.congress.gov/crs_external_products/R/HTML/R47578.html

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