Hearings to examine spectrum auction delays

Commerce, Space, and Science NominationsSenate Commerce, Science, and Transportation · February 19, 2025 · 119th Congress
The Senate Commerce Committee first adopted its 119th Congress budget resolution by unanimous consent, then held a hearing examining whether and how to restore FCC spectrum auction authority — lapsed since March 2023 — and open more spectrum for commercial 5G/6G use while protecting Department of Defense capabilities. Begins at ▶ 0:26:29
Transcript
Highlights

Title

Restoring FCC spectrum auction authority and DOD spectrum sharing

Purpose

The Senate Commerce Committee first adopted its 119th Congress budget resolution by unanimous consent, then held a hearing examining whether and how to restore FCC spectrum auction authority — lapsed since March 2023 — and open more spectrum for commercial 5G/6G use while protecting Department of Defense capabilities. Chair Cruz's Spectrum Pipeline Act was a central focus, alongside competition with China over global wireless standards. Four witnesses testified: Dr. Thomas Hazlett (Clemson), Dr. Charles Baylis (Baylor/SMART Hub), Matt Pearl (CSIS), and Brian Clark (Hudson Institute). Begins at▶ 0:26:29

Who spoke

• Chair Ted Cruz (R-TX)▶ 0:25:15: Opened by moving the committee budget resolution▶ 0:25:15, then argued spectrum auctions have driven American innovation and that the FCC has lacked auction authority for two years▶ 0:27:22; pressed witnesses on his Spectrum Pipeline Act, arguing it does not require exclusive DOD-clearing use▶ 2:13:46 and noted the AWS-3 ("ambit") process took only 12–18 months, not 20 years▶ 2:10:12.

• Sen. Maria Cantwell (D-WA), Ranking Member▶ 0:25:53: Moved the budget resolution favorably▶ 0:25:53; in opening remarks cited past FCC missteps — the 2019 24 GHz auction risking hurricane forecasting, a 2020 GPS-disrupting satellite decision now facing a $39 billion lawsuit, and $81 billion in wireless investment put at risk by aviation-altimeter conflicts▶ 0:35:54; later questioned witnesses on whitespace/dynamic sharing▶ 1:09:25.

• Dr. Thomas Hazlett, Clemson University economist▶ 0:40:44: Said artificial spectrum scarcity stems from outdated policies dating to 1927▶ 0:41:08; noted 10 times more bandwidth is available globally today than in the mid-1990s▶ 0:42:29; cited Auction 107, where winning bidders paid $94 billion and $13 billion was passed to incumbents for relocation completed in under four years▶ 0:44:31.

• Dr. Charles Baylis, Baylor University / SMART Hub director▶ 0:45:22: Described SMART Hub's 25 U.S.-citizen researchers across 15 universities in 13 states developing adaptive, AI-driven spectrum sharing technology▶ 0:45:22; called the situation a "national crisis" of too many applications competing for too little bandwidth▶ 1:47:18; requested $5 million in FY funding via a House-side appropriations bill▶ 1:43:43.

• Matt Pearl, CSIS Strategic Technologies Program▶ 0:50:48: Testified FCC auctions have generated $233 billion for the Treasury since 1993▶ 0:51:50; said restoring auction authority and establishing clearing targets is critical, and called the Spectrum Relocation Fund in need of reform▶ 1:54:10; said Chinese dominance of 6G standards would be "catastrophic" for national security▶ 1:06:18.

• Brian Clark, Hudson Institute▶ 0:56:00: Argued electromagnetic spectrum control is central to modern warfare, citing Ukraine's use of spectrum superiority in its recent offensive▶ 0:56:54; said upgrading legacy DOD systems for dynamic spectrum sharing could take 10–20 years▶ 1:43:11; warned China could be playing a "sophisticated game" to get the U.S. to vacate spectrum while it retains its own▶ 1:24:14.

• Sen. Roger Wicker (R-MS)▶ 1:13:01: Questioned Pearl and Baylis on whether they spoke for their institutions or themselves and pressed for dissenting/devil's-advocate views on the panel▶ 1:15:26; asked Clark to compare spectral compression versus relocation▶ 1:16:41.

• Sen. Deb Fischer (R-NE)▶ 1:19:57: Warned that clearing DOD spectrum entirely could cost hundreds of billions of dollars and take decades▶ 1:20:50; noted CBO estimates the pipeline could raise $10–15 billion over 10 years but implementation could take 20 years▶ 1:20:50; said China has only 10 MHz more mid-band spectrum than the U.S. and recently restricted commercial access to its lower-3 GHz band▶ 1:23:35.

• Sen. Amy Klobuchar (D-MN)▶ 1:24:58: Tied spectrum policy to 911 modernization, citing roughly 240 million annual 911 calls and her bill with Sen. Cortez Masto▶ 1:25:25; asked Baylis about lab innovations that could strengthen 911 systems▶ 1:26:11.

• Sen. Marsha Blackburn (R-TN)▶ 1:30:35: Criticized federal agencies for "spectrum squatting" and called for a full inventory of federal spectrum use▶ 1:31:01; said recouping and auctioning spectrum could yield up to $100 billion▶ 1:31:42; pressed Pearl on U.S. unpreparedness at the last World Radio Conference▶ 1:32:12.

• Sen. Jacky Rosen (D-NV)▶ 1:36:22: Said spectrum proposals should not merely raise revenue to fund "tax breaks for billionaires"▶ 1:36:44; asked Clark and Baylis about the real-world state of dynamic spectrum sharing, which Clark said is already used along the coast between Navy radar and 5G providers▶ 1:38:11.

• Sen. Ted Budd (R-NC)▶ 1:41:38: Asked Baylis for a timeline on dynamic spectrum sharing implementation, and Clark estimated 10–20 years to incorporate new technologies into military systems▶ 1:43:11; asked Pearl when spectrum constraints might stifle innovation, and Pearl said impacts could appear within the next one to two years▶ 1:45:06.

• Sen. Eric Schmitt (R-MO)▶ 1:47:50: Credited the first Trump administration and the Secure and Trusted Networks Act with U.S. spectrum leadership, criticizing Biden-era inaction▶ 1:48:19; argued NTIA, not DOD, should lead spectrum allocation decisions▶ 1:48:41.

• Sen. John Hickenlooper (D-CO)▶ 1:53:09: Asked whether the Spectrum Relocation Fund should be reformed to better incentivize agencies to share spectrum; Pearl said it "must be reformed"▶ 1:54:01▶ 1:54:10; asked Baylis about workforce pipeline efforts including a residential program at Colorado State University▶ 1:56:58.

• Sen. John Curtis (R-UT)▶ 1:58:40: Said after years of stalemate he doesn't understand what DOD isn't telling Congress and would welcome a classified briefing▶ 1:59:06; noted CBO has repeatedly scored spectrum auction revenue roughly 51% lower than actual results▶ 2:01:07.

• Sen. Andy Kim (D-NJ)▶ 2:04:08: Asked Pearl and Clark whether the committee would benefit from a classified briefing with DOD to get precise, system-by-system detail on spectrum needs▶ 2:04:32; both witnesses agreed it would be valuable▶ 2:04:59▶ 2:05:41.

• Sen. [Marino/Moreno] (R)▶ 2:09:26: Thanked the panel briefly and yielded time without additional questions▶ 2:09:26.

Key moments

• Cruz said a spectrum pipeline could raise "$100 billion or more" for military rebuilding, border security, and Coast Guard icebreakers, framing it as an offset for the reconciliation process▶ 0:31:30.

• Cantwell cited a $39 billion federal lawsuit stemming from a 2020 FCC decision that risked disrupting GPS service, and noted a 2020 spectrum auction near airline altimeter bands nearly caused the FAA to ground flights, putting $81 billion in wireless investment at risk▶ 0:35:54▶ 0:36:25.

• Hazlett detailed Auction 107: winning bidders paid $94 billion for new licenses, with $13 billion passed through to incumbents, and the reconfiguration took under four years▶ 0:44:31.

• Pearl testified FCC-authorized auctions since 1993 have generated $233 billion for the Treasury and warned Chinese dominance of 6G standards would leave the U.S. with an "inferior ecosystem" and military disadvantage▶ 0:51:50▶ 2:16:45.

• Fischer directly challenged the China-competition rationale, noting China actually has only 10 MHz more mid-band spectrum than the U.S. and has itself restricted commercial low-3 GHz access▶ 1:23:35; Clark agreed China could be "playing a sophisticated game" to get the U.S. to vacate spectrum it needs while retaining its own▶ 1:24:14.

• Wicker pressed Baylis and Pearl on whether their testimony reflected institutional consensus or personal views, probing for a "devil's advocate" perspective within their teams▶ 1:15:26▶ 1:16:00.

• Clark estimated it could take 10–20 years to incorporate dynamic-sharing technologies into aging military systems, while Baylis said his lab's six-month demo showed rapid technical progress and urged funding "as quickly as possible"▶ 1:43:11▶ 1:43:06.

• Cruz challenged the claim that sharing technology takes 20 years, noting the AWS-3 ("ambit") process was studied in about six months and completed within 12–18 months, enabling DOD/5G coexistence▶ 2:10:12▶ 2:10:52.

• Curtis said CBO has consistently underestimated spectrum auction revenue by roughly 51% and called for DOD to better explain, even in classified settings, why more spectrum sharing isn't possible▶ 2:01:07▶ 1:59:06.

• Pearl said the Spectrum Relocation Fund "must be reformed" to let agencies receive real upgrades rather than merely "comparable capability," and called for giving NTIA authority to fund its own feasibility studies▶ 1:54:10▶ 1:54:46.

Metadata

CommitteeSenate Commerce, Science, and Transportation
Chamber / CongressSenate · 119th Congress
DateFebruary 19, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript343 caption blocks · 15,123 words · 2:17:46 runtime
EventCongress.gov 336625