[Congressional Record Volume 169, Number 44 (Wednesday, March 8, 2023)]
[Senate]
[Pages S720-S721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   UNANIMOUS CONSENT REQUEST--S. 650

  Mr. ROUNDS. Madam President, I rise today to ask a unanimous consent 
request on S. 650. This is a bill that I have introduced with Senator 
Hirono that would extend the Federal Communications Commission's 
spectrum auction authority until the end of the fiscal year, September 
30, 2023.
  Currently, this authority is set to expire tomorrow night. Our 
legislation would prevent this expiration and allow the Department of 
Defense and the National Telecommunications and Information 
Administration to focus on a statutorily required study which is to be 
completed by September of this year. This will define DOD spectrum 
requirements and articulate the risks should the Department lose access 
to portions of the 3.1 to 3.45 gigahertz frequencies that are home to 
systems that are used to defend our country from attack.
  The extension of this authorization until September 30 would allow 
time for the DOD and the NTIA to complete their study which, as I say, 
is expected in September.
  We cannot allow potential authorizing spectrum legislation to affect 
any decision making related to the lower 3 gigahertz band before the 
DOD and the NTIA release their study, which is expected, as I say, in 
September.
  The FCC's spectrum auction authority was previously extended less 
than just 3 months ago. Unfortunately, each time this auction authority 
expires at short and arbitrary intervals, we find additional language 
being proposed that would modify the current process by which any 
sharing of this spectrum would be determined. The Department of Defense 
finds itself responding to proposals that include offering up for 
auction critical bands of spectrum before this study has been 
completed.
  The Infrastructure Investment and Jobs Act of 2021 requires the 
Department of Defense to conclude the spectrum study by September 2023. 
Importantly, the study mandates examination of the feasibility of DOD 
sharing the 3.1 to 3.45 gigahertz band of spectrum, which is a very 
limited resource with the industry.
  The extension which I call up today would make certain that the 
analysis of the study is completed before taking action or before 
actions could be taken which may potentially harm the national security 
of the United States.
  While the development of 5G networks is important to both the 
economic prosperity and national security of the United States, the 
premature auction of spectrum must not jeopardize the systems that 
depend on radars and other critical sensors to protect our troops and 
our citizens from air or missile attacks.
  Many of the reasons that make an extension until the end of the 
fiscal year vital simply can't be discussed here on the Senate floor 
because they need to be taken in a classified setting.
  Over the past several months, I hosted a series of classified and 
unclassified briefings for my colleagues, their congressional staff 
members, the telecom industry, and the defense industry. These 
briefings were delivered by both the Department of Defense and the 
NTIA.

[[Page S721]]

  I think we all want to see the FCC's spectrum auction authority 
extended, and I am offering a solution that extends that auction 
authority and protects the national security of our country. I would 
hope that the industry and those who support the continuation of 5G 
would agree that an extension until the end of the year would be very 
appropriate.
  With that, I ask unanimous consent that the Committee on Commerce, 
Science, and Transportation be discharged from further consideration of 
S. 650 and the Senate proceed to its immediate consideration; further, 
that the bill be considered read a third time and passed and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Vermont.
  Mr. WELCH. Madam President, reserving the right to object, the 
Senator is working very diligently to achieve a goal that all of us 
share. The basic question right now is going to be whether to have a 
60-day extension that has been agreed to by the House or to have an 
extension, as the Senator is proposing, until the end of the fiscal 
year.
  The bottom line--and it is the judgment of many--is that sticking 
with the 60-day extension is beneficial to achieving the goal of having 
the parties who are now negotiating come to a longer term resolution 
even beyond the end of the fiscal year. We have got to extend, 
ultimately, the spectrum authority beyond 60 days or beyond the end of 
the fiscal year. We really have to extend it for a much greater period 
of time in order to achieve the goals that are shared between all of 
us.
  Senator Rounds' bill, of course, as I mentioned, would extend things 
until September 30. We think that is going to take pressure off 
negotiators, and we have some confidence that if we keep that 60-day 
status, we are going to get to that long-term goal.
  Further, the House has made it clear that they are not going to take 
up any bill that moves the date to September 30. So that is just the 
reality we have to deal with. Others may agree with Senator Rounds to 
push it to September 30, but the best information we have is that the 
other body has no intention of taking up that bill. If that were the 
case and we were to pass a bill extending to September 30 but the House 
doesn't take it up, then the spectrum authority expires, and that is 
bad for everybody. It sends the wrong signal, obviously, as well, to 
our allies and our competitors.
  We just can't afford to risk a lapse of authority. Given the reality 
of the time constraints we are under, even if the Senate were to pass 
Senator Rounds' bill, we would have a situation where it would be 
rejected by the House--that is our best judgment--and there would be a 
lapse in authority, which would be very threatening to the well-being 
of all of us concerned.
  So, on that basis, I offer this objection to the unanimous consent 
request of my colleague from South Dakota.
  The PRESIDING OFFICER. Objection is heard.
  Mr. ROUNDS. Madam President, I would like to thank my colleague from 
Vermont for his comments.
  I think we all want the same thing. We want the auction authority to 
be able to move forward. I do believe that it is very appropriate 
because there are negotiations which are ongoing, but none of them can 
be completed until the report, the study, is completed on September 30.
  If we did a short-term extension, we would simply be back here again. 
But once again, the Department of Defense finds itself in a position to 
where once again they are being asked to modify the appeals process in 
this existing statute, which we already have on the books, and we find 
ourselves under, as the Senator from Vermont indicates, a very serious 
time constraint to try to get this done within 60 days.
  My question is, If 60 days is good enough, wouldn't it be better to 
go until the end of the year when we would actually have the data 
available to make a good decision about whether or not there is the 
availability of additional spectrum for a sharing or a sale that could 
be used, perhaps, for 5G, but at the same time, we could be assured 
would not impact our national defense priorities?
  With that, I thank my colleague from Vermont.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.

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