Stopgap funding bill would grant temporary FCC auction authority, leave NG911 funding in limbo
Stopgap funding legislation that is designed to prevent a federal-government shutdown this weekend includes language extending the FCC’s spectrum-auction authority into December, although the impact on potential funding for next-generation 911 (NG911) deployments remains unclear, according to media reports and Beltway sources.
Currently, the FCC’s authority to conduct auctions of radio spectrum—bidding events that have provided airwaves to wireless communications and generated hundreds of billions of dollars for the U.S. Treasury—is set to expire on Friday, Sept. 30. Under the continuing-resolution (CR) legislation that yesterday received a critical affirmative vote in the Senate, the FCC’s auction authority would be extended through Dec. 16.
Beltway sources expect the CR proposal to be approved by both the Senate and the House this week, thereby removing the threat of a government shutdown after Friday, which marks the end of the federal government’s fiscal year.
Extending the FCC’s auction authority for a few months means the Senate theoretically still could consider the Spectrum Innovation Act (H.R. 7624) that House members approved in July with bipartisan support.
This House bill would extend the FCC’s auction authority for 18 months and require the FCC to auction spectrum in the 3.1-3.45 GHz band, with $3.4 billion in proceeds from the auction being dedicated to fully funding the “rip and replace” program that is designed to remove telecom gear from China-based Huawei and ZTE from U.S. networks. Another $10 billion from the auction—if available—would be used to help fund the transition from legacy 911 systems to IP-based NG911 technology throughout the nation.
If the CR proposal is enacted, Congress would have until Dec. 16 to address the FCC’s auction authority. The Senate has nine business days scheduled in October before the mid-term elections. After the election, the Senate is slated to work for 23 days before the session ends.
Any legislation that does not pass by the end of the session would have to be reintroduced in the next Congress for consideration.
Extending the FCC’s authority to conduct spectrum auctions is a high priority for Congress, but there continues to be considerable debate on the timing and the length of any extension.
There is general consensus that Congress will extend the FCC’s auction authority, but the fact that no spectrum auctions are scheduled for 2023 means that lawmakers have more flexibility in terms of when they pass legislation to address the matter. Meanwhile, Beltway sources indicate that Republicans are seeking an 18-month extension to the FCC’s auction authority, while Democrats favor a 10-year extension.
In addition, there are questions about what—if any—other items should be attached to a longer-term extension of the FCC’s auction authority. The House-approved Spectrum Innovation Act includes funding for both NG911 and “rip and replace” programs, but a Republican-led bill introduced recently calls for funding only the “rip and replace” initiative in addition to extending the FCC’s auction authority.
Since the House passed the Spectrum Innovation Act in July, the Senate has received significant letters from three entities about the NG911 aspect of the bill from the National Emergency Number Association (NENA), the National Association of State 911 Administrators (NASNA), and the Public Safety Next Generation 911 Coalition.
NENA and NASNA both called for changes in administrative portions of Spectrum Innovation Act., such as significant role for the 911 Implementation and Coordination Office—a joint effort of the National Telecommunication and Information Administration (NTIA) and the National Highway Traffic Safety Administration (NHTSA)—instead of having the NTIA administer the grant program on its own.
In addition, NENA and NASNA asked that the U.S. Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency continue its 911 cybersecurity role, as opposed to creating a new NG911 cybersecurity center that is contemplated in the Spectrum Innovation Act.
Previously, the Public Safety Next Generation 911 Coalition sent a letter to key senators that asks that NG911 legislation provide $15 billion—$5 billion more funding the $10 billion included in the House bill. The coalition letter also asks that NTIA be allowed to borrow money to begin its grant program quickly, instead of potentially waiting years for proceeds from an FCC auction to be available.
Currently, that legislative vehicle is the Spectrum Innovation Act, which would extend the FCC’s auction authority by 18 months and allow spectrum-auction proceeds to be used to fund NG911 and a “rip-and-replace” program to rid U.S. communications networks of equipment from China-based vendors.
However, language in the bill would only make the NG911 funding available after a proposed 3.1-3.45 GHz auction is conducted, meaning the proceeds may not be available for several years to fund NG911—if enough money is available at all. This uncertainty potentially could have several detrimental impacts on 911, including local entities stopping 911 technological improvements while waiting for promised federal dollars.
Given this situation, many public-safety representatives have suggested that the legislation be changed to allow NTIA to initiate the NG911 grant program in the short term with funding borrowed from the U.S. Treasury, and that money would be repaid after the FCC auction—an approach used to fund the FirstNet Authority in its early years. While this notion has been discussed within the 911 sector, it was put in writing by the Public Safety Next Generation 911 Coalition.