While the Federal Communications Commission still does not have renewed spectrum auction authority, which Congress allowed to expire, it has passed a law that will allow the regulator “one-time, temporary” authority to license the 2.5-GHz 5G spectrum it auctioned last year.
That midband spectrum auction, which ended in August 2022, drew $427,789,670 in gross bids for for 7,872 licenses. The band had been reserved for educational (EBS) licenses, but the FCC in 2019 converted it to flexible use, including for 5G.
The licenses can be used for any terrestrial fixed or mobile broadband service. They have buildout requirements of signal coverage of 50% of the license area within four years and 80% within eight years.
Also Read: FCC’s Jessica Rosenworcel Has No Worries About Auction Authority Sunset and 2.5 GHz Spectrum
The stopgap 5G Spectrum Authority Licensing Enforcement (SALE) Act had already passed the Senate in September and passed the House Monday (December 11). It authorizes the FCC to process the applications for those successful bidders, even though the FCC’s authority over such auctions expired March 9, 2023.
The FCC had begun handing out the licenses in December 2022.
“CCA commends Congress for passing S. 2787, the 5G Spectrum Authority Licensing Enforcement (SALE) Act and urges President Biden to swiftly sign it into law,” Tim Donovan, president of the Competitive Carriers Association, said. “CCA hopes this momentum will carry into Congress fully reinstating FCC spectrum auction authority.”
Said bill sponsor Sen. John Kennedy (R-La.): “My 5G SALE Act provides Americans with access to broadband by giving the FCC the authority to finish transferring previously auctioned spectrum to companies that offer 5G coverage.”
The FCC’s spectrum authorization lapsed in March due to Congress’s inability to pass a must-pass spending bill with auction authority attached. That came after several bills had extended the FCC’s authority temporarily after it was set to expire in September 2022.
