Chairwoman Rosenworcel’s Response to Senators Cruz and Thune Regarding the 2.5 GHz Auction

On August 14, Sens Ted Cruz (R-TX) and John Thune (R-SD) wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel with concerns about the FCC’s failure to grant approximately 90% of licenses won in the 2496-2690 MHz (“2.5 GHz”) auction. On August 28 she wrote back saying that section 309(j)(11) of the Communications Act explicitly states that the FCC's authority to “grant a license or permit” for any spectrum that is auctioned “shall expire March 9, 2023.” This provision is straightforward. Furthermore, any effort to license these airwaves with temporary authority is conditioned on the agency’s having relevant authority. To this end, the Communications Act states that special temporary authority pursuant to Section 309(f) may be granted only “if the grant of such application is otherwise authorized by law.” Here, that authorization expired on March 9, 2023. If the FCC were to expend funds to continue to process the licenses won in Auction 108 notwithstanding the sunsetting of our authority to do so, it would put the agency staff at risk of criminal penalties for violating the Antideficiency Act. In light of these statutory restraints, it is imperative that Congress renew the FCC's spectrum auction authority as soon as possible.