Sens Cruz and Thune Unveil New Spectrum Pipeline Legislation to Spur Job Growth, Economic Prosperity

Senators Ted Cruz (R-TX) and John Thune (R-SD) unveiled legislation to expand commercial access to mid-band spectrum. Ahead of the expiration of the Federal Communications Commission’s (FCC) spectrum auction authority in March 2022, Sens. Cruz and Thune released a statement “committing to developing a spectrum proposal that achieves the greatest value possible for American taxpayers while protecting our national security interests.” Introduction of the Spectrum Pipeline Act of 2024 follows a year-long effort to develop legislation that accomplishes those goals. Specifically, the Spectrum Pipeline Act of 2024 will protect American taxpayers and prioritize national security by:

1. Identifying spectrum: Requires the National Telecommunications and Information Administration (NTIA) to identify at least 2,500 megahertz of mid-band spectrum that can be reallocated from Federal use to non-Federal or shared use in the next 5 years (including at least 1,250 megahertz in the next 2 years);
2. Renewing the FCC’s auction authority: Renews the FCC’s auction authority, which expired in March 2023, and requires the FCC to auction at least 1,250 megahertz of spectrum for full-power commercial wireless services, including 5G, within 6 years (including at least 600 megahertz within 3 years);
3. Promoting unlicensed innovation: Expands the United States’ leading role in unlicensed innovation by requiring the FCC to allocate at least 125 megahertz of additional spectrum for unlicensed services
4. Ensuring remaining spectrum can be licensed or unlicensed: Provides further opportunity for technology-neutral innovation in the remaining 1,125 megahertz of remaining spectrum identified by NTIA for commercial services;
5. Creating new reporting requirements: Ensures effective oversight by requiring the FCC and NTIA to submit to Congress annual progress reports as well as reports within 60 days of each identification made by NTIA;
6. Upgrading federal system: Removes a limitation in current law to allow federal agencies to purchase new state-of-the-art equipment using spectrum auction proceeds.