[Congressional Record Volume 169, Number 44 (Wednesday, March 8, 2023)]
[Senate]
[Pages S721-S722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  UNANIMOUS CONSENT REQUEST--H.R. 1108

  Mr. WELCH. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of H.R. 1108, to extend the Federal 
Communications Commission's authority to auction spectrum.
  Congress has never let the FCC's spectrum auction authority lapse 
before, and we can't do it now. As I noted in my earlier comments, 
spectrum is critical to our modern communications system--something 
that, actually, Senator Rounds has spoken so eloquently to--so we have 
to keep it going. We need an FCC and an NTIA that respect all Federal 
incumbent uses of spectrum, especially those uses that protect our 
national security. Again, I acknowledge the comments of Senator Rounds.
  As we consider the reauthorization of the FCC's auction authority, it 
is important to recognize we are entering a really new era in the 
United States' spectrum strategy. This new strategy has to be 
comprehensive to ensure our remaining spectrum is put to its highest 
and best use, and we must ensure we don't impact or interfere with our 
national security as we try to get further benefits from the civilian 
sector for spectrum utilization.
  H.R. 1108's 2-month extension would allow for the further development 
of this comprehensive approach. As I mentioned earlier, folks are 
really working on that, and we don't want to take the pressure off. We 
want to keep the pedal to the metal and see if they can reach an 
agreement.
  Importantly, H.R. 1108's 2-month extension does not slow down or 
otherwise limit the Department of Defense's study of the lower 3 
gigahertz band under the bipartisan infrastructure law. I just want to 
reiterate that. The DOD can continue with its study. It will remain on 
track to complete its study by September 30.
  This extension also doesn't change the requirement that any 
reallocation decisions for the band must wait until after the DOD 
finishes its study. So there is consensus here that we have to make 
certain the DOD's national security equities are front and center.
  What this extension would do is to ensure that the critical work of 
our Agencies and wireless ecosystem does continue undisrupted.
  Maintaining the FCC's auction authority will allow Congress to work 
quickly toward developing forward-thinking spectrum policy that both 
protects our national security and encourages the development of new 
technologies.
  It is very important, especially now that time is of the essence, for 
us to develop our own spectrum strategy and stay ahead of our 
competitors. So every month that we stall on a comprehensive spectrum 
bill is more time for our rivals to get ahead of us.
  For all of those reasons, I am asking my colleagues to support H.R. 
1108's 2-month extension of the FCC's auction authority as my 
colleagues and I work toward a comprehensive spectrum legislation 
package to ensure that the United States continues to lead in spectrum 
innovation and policy.
  Madam President, I ask unanimous consent that the Senate proceed to 
the immediate consideration of H.R. 1108, which was received from the 
House and is at the desk; 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 South Dakota.
  Mr. ROUNDS. Madam President, reserving the right to object, I 
appreciate my friend and colleague from Vermont and his offer.
  My concern is that the spectrum study, which the Senator has 
acknowledged, will not be done until September 30. There is no 
reasonable explanation as to why we would not be able to extend until 
September 30 the auction capabilities that are available at the present 
time.
  However, there is an appeals process which is very important to the 
Department of Defense, and every time we have a discussion about the 
process

[[Page S722]]

moving forward, the risk of an appeals process modifying or being 
changed is incorporated or at least is being proposed.
  For those of us who are very concerned about the ability to protect 
the very clear and important portions of the spectrum that the 
Department of Defense utilizes, it is important that there be no 
modifications to any appeals process between now and September 30. 
Until such time as we have that available to us, it is simply not 
appropriate, I believe, to allow for an existing modification or new 
legislation to be proposed that does not take that into account.
  Once again, I don't want to see this lapse either--I would love to 
see it moved on--but I cannot think of a reason we would not be able to 
extend the existing auction capabilities of the FCC, the NTIA, and so 
forth and still protect the spectrum capabilities of the Department of 
Defense until September 30, at which time the complete report will be 
available. Until such time, I believe that it would be inappropriate 
to, once again, have the risk of modifications to any appeals process 
and any additional legislation that might be included in a further 
extension.
  Therefore, with all due respect, I must object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Vermont.
  Mr. WELCH. Madam President, just to remark, here is the dilemma we 
have. Much of what the Senator from South Dakota is saying I agree 
with, but we have two things that are relevant on a very practical 
level.
  One is the pressure that continues to be brought to bear on the 
negotiators with the 60-day extension to get a final agreement, which 
would solve the problems that all of us face and are of concern to the 
Senator from South Dakota.
  The second is a political one. It has been conveyed to us very 
clearly that the House will not take up anything beyond the 60-day 
extension. We may think they are wrong, but they have the authority to 
reject an extension beyond the 60 days. That would result in a lapse in 
spectrum authority, which would be devastating to all of us and all of 
the goals we are striving to achieve.
  So that is the practical question we face.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. HASSAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Welch). Without objection, it is so 
ordered.

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