FCC auction authority extended to Dec. 16, NG911 funding fate unknown

As expected, President Joe Biden on Friday signed the continuing resolution bill passed by Congress that averted a federal-government shutdown and extended the FCC’s authority to conduct spectrum auction until Dec. 16, potentially leaving an opportunity for next-generation 911 (NG911) funding to be attached to a lengthier extension.

House members voted 230-201 on Friday to approve the funding legislation passed earlier in the week by the Senate, and Biden quickly signed the bill into law just hours before the midnight deadline on Sept. 30, after which the federal government would have been shut down.

Text of the final law reflects that the FCC’s authority to conduct spectrum auction—previously set to expire on Sept. 30—was extend until Dec. 16. This short-term extension means that federal lawmakers will have several more weeks—likely after the mid-term elections in November—to extend the FCC’s auction authority for a much longer period.

All recent legislative proposals addressing longer-term FCC auction authority include language extending the authority by 18 months and mandating that the agency conduct an auction of airwaves in the 3.1-3.45 GHz band. Of course, the spectrum still has to be identified by the FCC and NTIA, so most Beltway sources doubt that completing that auction within an 18-month window is realistic.

Several sources have said that many Democrats in Congress favor extending the FCC’s auction authority for 10 years, which would enable greater stability and the development of longer-term spectrum strategies.

Regardless of the length of the auction-authority extension, public-safety officials are closely monitoring whether the legislative bill addressing how the proceeds from the 3.1-3.45 GHz auction—and potentially other auctions—are directed.

The House-approved Spectrum Innovation Act 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.

Meanwhile, 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 than 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.