FCC Spectrum Auction Authority Expected to Lapse Thursday Night Amid Negotiations Deadlock

The FCC’s spectrum auction authority is all but certain to expire late Thursday night, with Sen. Mike Rounds, R-S.D., telling reporters he expects talks between him and Hill leaders to continue into next week over dueling proposals to extend the mandate. The FCC declined comment on what plans it has for conducting spectrum operations if its authority lapses Thursday night.

Rounds said negotiations Thursday boiled down to a feeling both sides were in the same situation “as last night,” when Rounds objected to a bid to pass by unanimous consent a House-passed bill to renew the FCC’s authority through May 19 (HR-1108), and Sen. Peter Welch, D-Vt., objected to Rounds’ bid to similarly enact his proposed reauthorization through Sept. 30 (S-650). Negotiators decided “let’s just wait until next week, and we’ll address it then,” Rounds said.

It will “be up to” lawmakers backing HR-1108 whether the FCC’s pending authority lapse will have a major impact on the commission’s spectrum operations, Rounds said: “From my perspective I’d love to have it put back in and ready to go right now.” His concern remains the “safety and national defense issues” for efforts to modify the Infrastructure Investment and Jobs Act’s existing 3.1-3.45 GHz framework. He argues extending the FCC’s remit through Sept. 30 will give the department time to complete an ongoing analysis on relocating its systems off the frequency so there’s data to guide legislative decisions.

Rounds “is the one holding this all up” because there was an existing “four corners” agreement among the leaders of the House and Senate Commerce committees to pursue HR-1108’s May 19 reauthorization, Senate Commerce Chair Maria Cantwell, D-Wash., told us before Rounds said negotiations were at a standstill. “I don’t know why he doesn’t want the four corners and the White House to keep talking.” There’s “always time” for a deal to come together before midnight, but “I don’t know” that’s possible at this point.