House Commerce Leaders Question Legality, Political Motivations Behind DoD's Inquiry Into Nationalized 5G Spectrum

House Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Communications Subcommittee Chairman Mike Doyle (D-PA) launched an inquiry into the Department of Defense’s (DoD) apparent moves to own and operate a national 5G network and lease federal spectrum for commercial purposes. The inquiry comes after DoD released a Request for Information (RFI) that seeks input from industry on these topics, and multiple press reports that the timing of the RFI could be politically motivated. The lawmakers wrote to both the Government Accountability Office (GAO) and the National Telecommunications and Information Administration (NTIA) expressing their concern and requesting information.

In their letter to the NTIA, the two Committee leaders wrote that they fear DoD’s RFI represents an attempt to usurp NTIA’s authority. They also point out that two of the questions DoD asks in its RFI – how DoD can “own and operate 5G networks for its domestic operations,” and whether DoD “should consider spectrum leasing as an alternative to reallocation” – demonstrate a fundamental misunderstanding of the law. The Chairmen wrote that no government agency owns spectrum, and they question the Trump Administration’s political motives for making such inquiries. In their letter to GAO, the lawmakers express similar concerns, writing that any attempt by DoD to construct, operate or maintain a commercial communications network or lease government spectrum to commercial entities without the express permission of Congress could be unlawful. They have requested that GAO conduct a complete legal analysis.