Defending America’s Wireless Leadership (U.S. House Committee on Energy and Commerce, Subcommittee on Communications and Technology)

Hearing	Defending America’s Wireless Leadership
Committee	U.S. House Committee on Energy and Commerce, Subcommittee on Communications and Technology
Date	March 10, 2023

 

Hearing Takeaways:

• Spectrum Availability: The hearing focused on federal efforts to improve spectrum availability in order to support the further development and deployment of wireless technologies. Subcommittee Members and the hearing’s witnesses discussed how demand for spectrum is growing and how greater spectrum availability will be needed to support applications in manufacturing, health care, and agriculture. They also noted how spectrum is a finite resource, which underscores the need to use spectrum as efficiently as possible.
  • The Recent Expiration of the U.S. Federal Communications Commission’s (FCC) Spectrum Auction Authority: A key area of concern during the hearing involved how the FCC’s authority to conduct spectrum auctions had been allowed to expire. Subcommittee Members and the hearing’s witnesses criticized the U.S. Senate for failing to advance bipartisan legislation from the U.S. House of Representatives that would have temporarily extended the FCC’s spectrum auction authority through May 19, 2023. They indicated that this temporary extension was meant to provide lawmakers with more time to negotiate a longer-term extension of the authority. They asserted that this expiration prevents the U.S. from making more spectrum available, which will undermine the U.S.’s ability to deploy wireless technologies. They specifically expressed concerns over how this expiration would impact the ability of the FCC to process completed spectrum auctions. They noted how there exists uncertainty around this question given that the FCC’s spectrum auction authority had never been allowed to expire before. They further raised concerns over how this uncertainty would impact the U.S.’s ability to obtain maximum bids for spectrum in future FCC spectrum auction.
  • Use of Funds Generated from the FCC’s Spectrum Auctions: Subcommittee Members and the hearing’s witnesses highlighted how the FCC’s spectrum auctions have helped raise over $200 billion for the federal government and to fund important public safety communications priorities. These programs include the Next Generation 911 (NG911) and the FCC’s Secure and Trusted Communications Reimbursement Program (also known as the “Rip and Replace Program”).
  • Equitable Access to Wireless Technology Innovations: Subcommittee Members and the hearing’s witnesses further expressed interest in ensuring that all Americans could access wireless technology innovations, regardless of income and geography. Subcommittee Democrats, Mr. Gillen, Mr. Assey, and Dr. Ghosh highlighted how the Affordable Connectivity Program (ACP) has helped nearly 17 million Americans to afford and access broadband internet services. Mr. Gillen, Mr. Aseey, and Mr. Johnson also discussed how the Broadband Equity, Access, and Deployment (BEAD) Program can support the deployment of broadband internet to rural and underserved areas.
  • Growth of Fixed and Mobile Wireless Options: Mr. Gillen and Mr. Assey discussed how fixed and mobile wireless options are becoming increasingly popular and are supporting broadband connectivity in rural and underserved communities. They stated that increased spectrum availability has been key to enabling broadband providers to provide these options. Mr. Gillen added that the benefit of wireless internet solutions is that wireless internet can be transmitted from towers, which can allow them to overcome topography challenges.
• Spectrum Management Challenges: Subcommittee Members and the hearing’s witnesses expressed interest in reforming the U.S. government’s spectrum management practices. They stated that the FCC is supposed to manage civilian uses of spectrum and the U.S. National Telecommunications and Information Administration (NTIA) is supposed to manage government uses of spectrum. They noted however that other federal agencies, including the U.S. Department of Defense (DoD) and the U.S. Federal Aviation Administration (FAA), often seek to control parts of the U.S.’s spectrum policymaking process.
  • Need for a Unified Spectrum Policy Decision Making from the Executive Branch: Subcommittee Members and the hearing’s witnesses argued that the Executive Branch must speak with a unified voice so that spectrum management decisions are not challenged. They called for empowering the FCC and NTIA to lead the U.S.’s spectrum policy. Dr. Ghosh also suggested that differing technical assumptions often serve as the source of interagency conflicts on spectrum policy and suggested that memorandums of understanding (MoUs) across federal departments and agencies could ensure the existence of shared technical assumptions.
  • Mid-Band Spectrum Allocation Concerns: Mr. Gillen raised concerns that the U.S. has 12 times more mid-band spectrum assigned to government users than 5G providers and 7 times more mid-band spectrum assigned for unlicensed and WiFi services than 5G providers. He stated that upgrading the efficiency of government systems would enable the systems to use less spectrum, which would enable commercial users to use this spectrum.
• Different Types of Spectrum: Subcommittee Members and the hearing’s witnesses noted how there are three categories of spectrum: licensed spectrum, shared license spectrum, and unlicensed spectrum. They expressed interest in promoting each of these types of spectrum to help the U.S. achieve its wireless technology needs.
  • Licensed Spectrum: Licensed spectrum refers to spectrum where users pay a licensing fee to exclusively access the frequencies. The three largest carriers control 78 percent of all licensed spectrum below 6 GHz. Mr. Gillen argued that the U.S. must make more licensed mid-band spectrum available to commercial users so that they can better build out their coverage capabilities. He stated that licensed mid-band spectrum is especially critical for covering more rural communities because it is more difficult to deploy broadband fiber infrastructure to these communities.
  • Shared License Spectrum: Shared License spectrum refers to spectrum where a single operator (typically an existing government user) offers their unused spectrum to third-party users for use. Subcommittee Members, Mr. Assey, and Dr. Ghosh suggested that having the U.S. government engage in shared licensed spectrum arrangements with commercial users would enable the U.S. to quickly deploy new spectrum to commercial users. They stated that spectrum sharing technologies could enable more parties to participate in spectrum auctions, which will drive competition. Mr. Gillen cautioned however that commercial users in shared spectrum arrangements could have the government preempt their spectrum. He commented that this prospect of preemption makes it more difficult for the commercial users to pursue spectrum projects. He also raised concerns that shared license spectrum tends to be lower power, which makes it less able to bolster coverage. Dr. Ghosh asserted however that this lower power spectrum would be sufficient for communities that simply want to extend some broadband access to their residents. Of note, Subcommittee Ranking Member Doris Matsui (D-CA) mentioned how she is currently working to develop legislation that would make updates to the NTIA’s Spectrum Relocation Fund (SRF). She explained that the SRF helps federal agencies to transition off of spectrum so that the spectrum can be made available for commercial use.
  • Unlicensed Spectrum: Unlicensed spectrum refers to spectrum that is free for anyone to use. A prominent application of unlicensed spectrum is WiFi technology. Subcommittee Members and Mr. Assey expressed interest in working to make more unlicensed spectrum available and highlighted how this spectrum would be key for supporting many wireless technology applications, including internet of things (IoT) applications, autonomous vehicles (AVs), virtual reality (VR), and augmented reality (AR).
• Global Competition for Spectrum Leadership: The hearing further focused on how the U.S.’s spectrum policies and availability compared to other countries (especially China). Subcommittee Members and the hearing’s witnesses called it critical for the U.S. to remain the global leader in spectrum policy and wireless technologies so that the U.S. can maintain its global economic and national security standing. They expressed concerns that the U.S.’s failure to maintain this global leadership could enable China and other authoritarian countries to dictate global spectrum policies and that these new policies might be inconsistent with American values. They further raised concerns over Chinese efforts to make mid-band spectrum widely available, China’s rapid deployment of 5G communications technology, and China’s aggressive pursuit of 6G communications technology.
  • U.S. Influence on International Spectrum Standards: Subcommittee Members and Mr. Johnson called on the U.S. to actively engage in international communications standard setting bodies to ensure that U.S. values are reflected in international spectrum standards. They warned that the Chinese Communist Party (CCP) and other adversaries are seeking to undermine the U.S.’s global leadership on spectrum issues and stated that these countries are seeking to incorporate surveillance and control principles into spectrum technology. Mr. Johnson also warned that China is championing their own communications network equipment manufacturers (including Huawei and ZTE) to influence international standard setting processes. Of note, Rep. Tim Walberg (R-MI) mentioned how he had recently introduced the bipartisan Promoting United States Wireless Leadership Act of 2023, which would direct the NTIA to promote U.S. participation and leadership in international communications standard setting bodies.
  • Global Harmonization of Spectrum Bands: Rep. Troy Balderson (R-OH) and Mr. Johnson remarked that the global harmonization of spectrum bands would enable companies from the U.S. and allied countries to produce semiconductor chips and other key components at a global scale. They asserted that this harmonization would better enable these companies to compete against Chinese companies.
  • The FCC’s Secure and Trusted Communications Reimbursement Program (“Rip and Replace” Program): Subcommittee Chairman Robert Latta (R-OH), Rep. John Curtis (R-UT), and Mr. Gillen expressed interest in ensuring that there is sufficient funding for the FCC’s Secure and Trusted Communications Reimbursement Program. This Program supports the replacement of untrustworthy broadband infrastructure equipment from Chinese companies (such as Huawei and ZTE) with more trustworthy infrastructure equipment. They raised concerns however that a shortfall in this Program’s funding will undermine the ability of small carriers to maintain safe and secure networks.
  • Wireless Semiconductor Chip Development: Subcommittee Ranking Member Doris Matsui (D-CA) and Dr. Ghosh expressed interest in leveraging funding from the recently enacted CHIPS and Science Act to encourage innovations in wireless semiconductor chips. Dr. Ghosh suggested that this funding could encourage the manufacturing of alternative wireless semiconductor chip sets to promote competition within the wireless semiconductor chips market.
  • Spectrum Workforce Development: Rep. Marc Veasey (D-TX) and Dr. Ghosh expressed interest in workforce development efforts to support the U.S.’s leadership in spectrum policy and wireless technologies. They also expressed interest in efforts to promote diversity within the spectrum workforce. Dr. Ghosh mentioned how she was currently working to develop course content about spectrum for high schools, community colleges, and four-year colleges. 
  • Permitting Reforms: Rep. Diana Harshbarger (R-TN), Mr. Gillen, and Mr. Assey expressed interest in efforts to expedite the U.S.’s permitting process for new wireless communications infrastructure. Mr. Assey discussed how a lack of access to poles and supply chain shortages can impede the U.S.’s construction of spectrum infrastructure.

Hearing Witnesses:

1. Mr. Brad Gillen, Executive Vice President, CTIA, The Wireless Association
2. Mr. James Assey, Executive Vice President, NCTA, The Internet and Television Association
3. Mr. Clete Johnson, Senior Fellow, Center for Strategic and International Studies
4. Dr. Monisha Ghosh, Professor, Department of Electrical Engineering at the University of Notre Dame

Member Opening Statements:

Subcommittee Chairman Bob Latta (R-OH):

• He discussed how the Committee had worked to improve the U.S.’s spectrum policy over the previous year and mentioned how he had helped to lead efforts to pass the Spectrum Innovation Act of 2022 in the U.S. House of Representatives.
  • He indicated that this legislation would have provided commercial access to the lower 3 GHz spectrum band and extended the FCC’s spectrum auction authority.
  • He added that this legislation had included a provision to establish a spectrum incumbent informing capability at the NTIA to enhance commercial access to federal frequencies.
• He also noted how the U.S. House of Representatives had recently passed a bill to extend the FCC’s auction authority to May 19, 2023.
• He lamented however that the U.S. Senate had failed to pass both the Spectrum Innovation Act of 2022 and the recent bill to extend the FCC’s spectrum auction authority to May 19, 2023.
• He remarked that Congress must now work quickly to pass a long-term extension of the FCC’s spectrum auction authority.
  • He commented that this extension must preserve Congressional oversight of federal spectrum policy and direct auction proceeds to reduce the federal deficit and fund important initiatives.
• He then stated that good spectrum policy would have economic benefits and noted how the U.S.’s leadership in 4G communications technology had added billions of dollars to the U.S.’s gross domestic product (GDP), created tens of thousands of new jobs, and had led to the development of the application economy.
  • He commented that U.S. leadership in future generations of wireless services would ensure greater investments in innovative technologies, which would lead to more jobs and development opportunities.
• He also remarked that auctioning federal spectrum resources would yield significant monetary benefits and noted how recent FCC auctions have netted over $100 billion for the U.S. Department of the Treasury.
  • He highlighted how this money could be used to reduce the federal deficit and fund important priorities. 
• He further stated that the Committee must look for opportunities to make more unlicensed spectrum available.
  • He noted how the majority of U.S. internet use occurs indoors and commented that the use of unlicensed spectrum (such as WiFi) plays a “crucial role” in providing connectivity for homes and businesses.
  • He mentioned how one report estimates that unlicensed spectrum generates over $95 billion per year in the connected technology market.
• He asserted that strong spectrum policy is essential for the U.S.’s economic and national security and stated that U.S. spectrum policy leadership could enable the private sector to set technology standards that promote American values and priorities.
• He remarked that the U.S. must balance its use of licensed and unlicensed spectrum and called on the U.S. to improve spectrum availability for commercial use.
• He also noted how advances in technology have made spectrum sharing more technologically feasible.
  • He commented that this would become more important as the process for identifying spectrum bands for auction and exclusive use becomes more complex, lengthy, and expensive.
• He further stated that the U.S. must restore trust in the interagency spectrum coordination process.
  • He asserted that the Executive Branch must speak with a unified voice so that spectrum management decisions are not challenged.
  • He commented that the U.S. must ensure that all stakeholders are involved throughout the spectrum allocation process and that federal agencies respect spectrum allocation decisions.

Subcommittee Ranking Member Doris Matsui (D-CA):

• She raised significant concerns over how Congress had allowed for the FCC’s spectrum auction authority to lapse and noted that this lapse in the FCC’s spectrum auction authority is unprecedented.
  • She called the current situation a “completely avoidable failure.” 
• She mentioned how the U.S. House of Representatives had recently passed a bipartisan bill to extend the FCC’s spectrum auction authority to May 19, 2023 and indicated that this bill was meant to provide Congress with additional time to develop a longer-term extension.
• She criticized the U.S. Senate for failing to vote on a temporary extension of the FCC’s spectrum auction authority.
  • She partially attributed the U.S. Senate’s failure to temporarily extend this authority to their receipt of conflicting messages from the Executive Branch.
• She mentioned how she had previously sent a letter to then-President-elect Biden urging him to develop a unified approach to spectrum policy and a clear process for resolving interagency spectrum disputes.
  • She commented that the letter’s request remains very relevant.
• She discussed how more intensive use of spectrum has the potential to cause friction among federal agencies and commercial users.
  • She acknowledged that this friction is unavoidable and healthy to some extent because it drives better outcomes and improved efficiency.
• She stated that all federal agencies must be aware of the administration’s spectrum policy and provide feedback in a constructive manner whenever spectrum conflicts do arise.
• She remarked that the current lapse in the FCC’s spectrum auction authority could have severe and far-reaching consequences involving economic growth and national security.
• She noted that companies with service footprints throughout the U.S. are eager to deploy the spectrum that they had acquired during the recent 2.5 GHz band auction and expressed concerns that this recent lapse would jeopardize that deployment.
  • She highlighted how T-Mobile alone is waiting for the FCC to approve over 7,000 licenses with a collective value of over $300 million.
  • She noted how T-Mobile is waiting on five licenses in her Congressional District that could support home broadband services and underserved areas.
• She then remarked that the global race to develop and deploy 5G and 6G communications technology remains very competitive.
  • She noted how satellite broadband service is growing in popularity and significant improvements in WiFi consumer capabilities are expected.
• She stated that the U.S.’s failure to remain globally competitive in 5G and 6G communications technology would result in a loss of U.S. jobs and diminished U.S. national security.
  • She warned that the failure of the U.S. and other market economies to lead in this area will create a vacuum that China will seek to fill.
• She remarked that the recent lapse of the FCC’s spectrum auction authority sets a “dangerous” precedent for the U.S.’s governance values.
  • She expressed concerns that this lapse would impact licenses awaiting assignment, erode longstanding jurisdictional boundaries, and jeopardize the U.S.’s status as a global leader in innovation.
• She stated however that the Subcommittee has repeatedly demonstrated its ability to work in a bipartisan fashion to extend the FCC’s spectrum auction authority and expressed optimism in the Subcommittee’s ability to extend the authority once again.
• She remarked that the Subcommittee must reassert the NTIA’s role as statutory manager of spectrum and develop a unified administration approach to spectrum policy.

Full Committee Chairman Cathy McMorris Rodgers (R-WA):

• She noted how the FCC’s spectrum auction authority had been allowed to expire for the first time ever, despite the U.S. House of Representatives having passed legislation to extend this authority to May 19, 2023.
  • She commented that this legislation would have provided Congress with enough time to develop more comprehensive legislation addressing a wide array of issues in the communications and technology space.
• She criticized the U.S. Senate’s failure to approve this temporary extension of the FCC’s spectrum auction authority and asserted that this failure imperils the U.S.’s global leadership on wireless issues.
• She remarked that the U.S. must develop strong spectrum policy that supports U.S. values and warned about the consequences of having the U.S. cede its leadership on spectrum policy issues to China and other authoritarian countries.
  • She stated that China and these authoritarian countries abuse their technologies to suppress freedom and assert their control over the lives of people.
• She urged the U.S. Senate to swiftly pass legislation to extend the FCC’s spectrum auction authority through May 19, 2023 so that Congress could have time to develop a longer-term solution to the issue.
• She then discussed how U.S. policies focused on promoting economic security and competition have yielded breakthroughs in wireless technology.
• She stated that Congress and the FCC’s decision to auction spectrum (rather than allocate it based on lottery) had brought billions of dollars into the U.S. Department of Treasury and had fostered “fierce” competition.
  • She highlighted how this approach had fostered innovation in a wide range of fields, including broadband internet, precision agriculture, AVs, and smart manufacturing.
• She discussed how demand for spectrum is continuing to rise among commercial entities, government bodies, and researchers.
  • She commented that the U.S. had historically been able to find innovative solutions to balance these needs and use its spectrum resources efficiently.
• She called spectrum use “crucial” to the U.S.’s national security policy and stated that the U.S. must ensure continued access to commercial spectrum.
• She warned that the CCP and other adversaries are seeking to undermine the U.S.’s global leadership on spectrum issues and stated that these countries are seeking to incorporate surveillance and control principles into spectrum technology.
  • She asserted that state-backed companies from these countries are attempting to use wireless technologies to suppress free speech, surveil citizens, and thwart the U.S.’s economic competitiveness.
• She remarked that the U.S.’s spectrum policy is a key driver of technological innovation and contended that the U.S.’s failure to lead on spectrum policy issues would allow for China to assume a leadership role.

Full Committee Ranking Member Frank Pallone (D-NJ):

• He remarked that spectrum is one of the U.S.’s most underrated and economically valuable natural resources.
• He noted how Congress had provided the FCC with the authority to auction the U.S.’s spectrum resources for the past three decades.
  • He expressed support for this approach and commented that it has enabled the U.S. to become a global leader in 5G communications technology, advanced WiFi technology, Bluetooth technology, and other next generation wireless technologies.
• He discussed how the FCC’s spectrum auctions have helped raise over $200 billion for the federal government and have helped to fund important public safety communications priorities. 
• He lamented however that the U.S. had just allowed for the FCC’s spectrum auction authority to lapse for the first time ever.
  • He indicated that while the U.S. House of Representatives had unanimously advanced a bipartisan bill to extend the FCC’s spectrum auction authority to May 19, 2023, he stated that the U.S. Senate’s failure to take up the measure had caused the authority to lapse.
• He remarked that the Committee must work to extend the FCC’s spectrum auction authority and applauded the Committee for addressing the issue in a bipartisan fashion.
• He discussed how wireless calls travel over spectrum and called spectrum the “essential building block” for connecting families and friends, providing access to emergency services during times of need, and delivering education and health services to Americans.
  • He stated that spectrum is key for supporting emergency alerts, the application economy, smartphones, messaging services, IoT devices, and drones.
  • He attributed many of these innovations to the U.S.’s advanced spectrum policies.
• He remarked that the U.S.’s previous leadership on wireless technology deployment efforts does not guarantee that the U.S. will maintain this leadership moving forward.
  • He warned that the U.S.’s failure to replenish its commercial spectrum pipeline and extend the FCC’s spectrum auction authority will risk the U.S.’s global leadership position on spectrum matters.
• He expressed particular concerns that a diminished U.S. leadership position on spectrum matters could make China more powerful.
  • He warned that the CCP does maintain the same views as the U.S. toward democracy, free speech, and human rights in their spectrum policies.
• He stated that the U.S. must work urgently to address its spectrum needs and mentioned how China had reportedly made three times as much spectrum available for 5G as compared to the U.S.
• He also remarked that the U.S. must ensure that its wireless technology advancements are delivered equitably to all Americans, regardless of income or geography.
  • He lamented how rural, tribal, and low-income areas often do not experience equitable deployments of next generation wireless technologies.
  • He commented that these wireless technology disparities deny these communities of many benefits, including education and job opportunities and health services.
• He highlighted however the ACP, which was established under the Infrastructure Investment and Jobs Act (IIJA), is helping to connect underserved communities to broadband services.
  • He indicated that the ACP has connected 17 million families to high quality and affordable broadband internet services.
• He stated that the ACP is especially important for low-income families given how these families tend to rely more on smartphones and mobile plans for broadband services than home broadband subscriptions.

Witness Opening Statements:

Mr. Brad Gillen (CTIA, The Wireless Association):

• He attributed the U.S.’s global leadership in wireless technology to U.S. ingenuity and significant investments in the technology.
  • He testified that the U.S. wireless industry had made $35 billion in investments in 2022 alone and commented that these investments have led to faster 5G communications technology.
• He also applauded the Committee for establishing the FCC’s spectrum auction system as the means for allocating spectrum for commercial use.
  • He noted how the FCC’s spectrum auction system has been replicated throughout the world and has received the Nobel Memorial Prize in Economic Sciences.
• He highlighted how the FCC’s spectrum auctions had raised $233 billion for the U.S. Department of the Treasury and noted how this money had helped to drive communications technology upgrades.
  • He indicated that spectrum innovations would support an estimated 4.5 million new jobs over the next decade in a variety of fields, including manufacturing, health care, and agriculture.
• He also discussed how spectrum innovation would create entirely new industries like 5G home, which he commented is a fixed broadband solution that is bringing more choice to consumers.
  • He highlighted how the two fastest growing home broadband solutions are currently wireless companies (rather than fiber companies).
• He remarked however that the U.S. has nearly exhausted all of its available spectrum at the time where there exists the greatest demand for spectrum.
  • He noted how the U.S.’s data consumption has grown every year since 2010 and stated that the deployment of 5G communications technology would significantly accelerate the U.S.’s data consumption.
• He warned however that the U.S. did not have enough spectrum to satisfy the future demand for data use and expressed concerns that the U.S. has no spectrum auctions currently underway.
• He also raised concerns that the U.S. has 12 times more mid-band spectrum assigned to government users than 5G providers and 7 times more mid-band spectrum assigned for unlicensed and WiFi services than 5G providers.
  • He commented that mid-band spectrum is very coveted due to its balance of capacity and coverage.
• He expressed interest in working with the Committee to address the current “imbalance” regarding the assignment of mid-band spectrum.
• He discussed how other countries are working to make more mid-band spectrum available to 5G providers and stated that these efforts are an attempt to supplant U.S. leadership.
  • He noted that the U.S. has over a 300 MHz deficit regarding available 5G spectrum relative to other countries and added that this deficit would grow to over 500 MHz in 2027 absent corrective action.
  • He added that China is aggressively working to make mid-band spectrum available to their commercial sector and indicated that the availability of spectrum in China’s commercial sector could be 400 percent greater than in the U.S.’s commercial sector by 2027.
• He remarked that Congress must work to swiftly restore the FCC’s spectrum auction authority and develop a pipeline of spectrum auctions.
  • He noted how the Committee has previously directed the FCC to undertake certain spectrum auctions as part of the spectrum auction authority reauthorization process.
• He highlighted how Accenture had identified three spectrum bands that would be prime candidates for future spectrum use.
• He further remarked that Congress needs to promote better spectrum policy coordination through empowering the FCC and NTIA to lead the U.S.’s spectrum policy.
  • He attributed many of the recent spectrum policy challenges to the re-litigation of previous federal agency spectrum disputes.

Mr. James Assey (NCTA, The Internet and Television Association):

• He testified that cable providers have invested over $172 billion to build, upgrade, and extend fiber-rich networks throughout the U.S.
  • He indicated that these networks reach over 100 million homes today with gigabit technology.
• He remarked that the proliferation of internet-enabled devices and the “unyielding” desire of consumers for data has fueled the cable industry’s investment in seamless connectivity.
  • He mentioned how Comcast, Charter Communications, and Cox Communications have deployed millions of mobile hotspots to connect consumers to secure WiFi services.
  • He also mentioned how smaller cable companies, such as Midco, are using wireless services to extend the reach of broadband internet in rural communities.
• He also discussed how cable providers are now offering “highly competitive” mobile services that deliver significant savings to their customers.
  • He noted how Comcast and Charter Communications have become the fastest growing retail wireless companies in the marketplace.
  • He added that Cox Communications had just recently announced the launch of its mobile wireless service in January 2023.
• He remarked that demand for spectrum resources would increase and asserted that the U.S. must work to satisfy this increased demand.
  • He commented that faster broadband, more users, more connected devices, and the abundance of innovative applications will increase consumer demand for data.
• He stated that network investments and technological innovation would help the U.S. to meet the increased demand for spectrum resources.
  • He also asserted that renewed efforts to support commercial spectrum use and ensuring that the needs of government spectrum users are met would be key parts of these efforts.
• He discussed how Congress has long recognized the importance of maintaining a robust spectrum pipeline and noted how the FCC and the NTIA play important roles in identifying and studying new spectrum bands for potential commercial use.
• He then remarked that the U.S. must pursue an “all of the above” approach to spectrum management that includes licensed, shared licensed, and unlicensed spectrum models and commented that these models are complementary in nature.
  • He noted how licensed spectrum is used primarily by traditional wireless carriers and indicated how the three largest carriers control 78 percent of all licensed spectrum below 6 GHz.
  • He stated that shared licensed spectrum constitutes an “innovative” way to enable commercial spectrum use in federal government spectrum bands without moving incumbent government users.
  • He further stated that unlicensed spectrum (which includes WiFi) supports many popular technologies and indicated that unlicensed spectrum contributes “well over” $1 trillion annually to the U.S. economy.
• He stated that the U.S. must take a diversified approach to wireless technologies and asserted that Congress must not myopically focus on licensed spectrum to meet the U.S.’s spectrum needs.

Dr. Monisha Ghosh (University of Notre Dame):

• She remarked that a sustainable spectrum strategy would entail balancing the needs of the commercial wireless industry, federal agencies, and the scientific community while exploring all possible spectrum allocation options.
• She stated that it is increasingly difficult to relocate incumbent spectrum users and asserted that sharing mechanisms must be investigated.
  • She commented that these sharing mechanisms should be considered for both licensed spectrum and unlicensed spectrum.
• She remarked that sound spectrum policy should be based upon fundamental technical analyses, measurements, and testing, which would include all relevant stakeholders. 
  • She stated that national institutes, including SpectrumX, the U.S. National Institute on Standards and Technology (NIST), and NTIA’s Institute for Telecommunication Sciences (ITS), could perform such unbiased technical analyses.
  • She commented that this work is necessary for determining appropriate spectrum sharing parameters, minimizing the probability of interference, and maximizing spectrum utilization.
• She noted how there currently exist spectrum sharing schemes in the TV white space (TVWS), the 6 GHz band, and the Citizens Broadband Radio Service (CBRS) that are based on database-mediated sharing.
  • She commented however that these spectrum sharing schemes might not be suitable for all situations since these schemes are inherently less dynamic.
• She stated that the U.S. must consider newer technical approaches to spectrum sharing, such as exploiting the spatial dimension offered by smart antenna array systems.
• She further remarked that future wireless technology standards must be “sharing native,” which means that they are designed to operate in shared frequency bands with incumbent spectrum users (instead of operating solely in licensed or unlicensed spectrum bands).
  • She asserted that the U.S.’s rich history of spectrum sharing innovations renders it well-positioned to be the global leader in standards development.
• She stated that the U.S. must consider the use of wireless backhaul, satellite connectivity, and private networks to address the availability and affordability of broadband internet services in both rural and urban communities.
• She remarked that the availability of cost-effective spectrum would allow for smaller providers and communities to deploy and manage their own wide-area networks, which could reduce digital disparities.
  • She mentioned how the Wireless Institute of the University of Notre Dame had advised South Bend, Indiana on deploying a CBRS network that provides an alternative connectivity option to 1,000 families at an affordable rate.
• She noted how newer devices required to access the latest networks are often more expensive and called on the U.S. to continue the ACP so that all segments of the U.S. population could derive benefits from the latest technologies.
• She lastly remarked that Congress should work to ensure that there exist synergies to leverage the CHIPS and Science Act to encourage innovations in wireless semiconductor chips.
  • She noted how new wireless applications will require new types of semiconductor chips that do not necessarily have the volumes required by mobile handsets.
  • She commented that “disruptive” wireless applications are often more difficult to bring to the marketplace due to a lack of access to semiconductor chips.

Mr. Clete Johnson (Center for Strategic and International Studies):

• He remarked that U.S. leadership in wireless technologies is a “strategic imperative” for the future of market democracy and thanked the Subcommittee for its bipartisan approach to the issue.
  • He warned that market democracy is currently under significant threat from China and Russia.
• He discussed how 5G communications technology will drive ubiquitous broadband internet connectivity and would support analytics and artificial intelligence (AI) capabilities.
  • He commented that mobile connectivity is essential to modern society and asserted that this connectivity must be leveraged for dynamism and innovation.
• He warned however that China is seeking to exploit wireless technologies to engage in social control and information operations.
  • He noted how China is allocating large amounts of spectrum (particularly mid-band spectrum) to advantage their own companies, such as Huawei, so that China can become the global leader in wireless technologies.
• He remarked that the U.S. must develop its own plan for wireless technology deployment in order to counter China’s influence in this space.
• He expressed frustration with how spectrum disputes between federal agencies are slowing the deployment of 5G communications technology and undermining market certainty and investment.
  • He further raised concerns over how the FCC currently lacks the needed authority to auction additional bands of spectrum.
• He stated that the U.S. must ensure that wireless technology standards would be based on principles of market dynamism, innovation, competition, and democracy.
• He specifically called on the U.S. to make more spectrum available for commercial use, establish coherent government processes for approving commercial deployments of spectrum, and pursue global harmonization of spectrum standards.
  • He asserted that these actions are “absolutely critical” for ensuring the U.S.’s national security.

Congressional Question Period:

Subcommittee Chairman Bob Latta (R-OH):

• Chairman Latta noted how the FCC’s authority to conduct spectrum auctions had just been allowed to expire. He mentioned how Congress had sought to temporarily extend the FCC’s spectrum auction authority to May 19, 2023 so that it could have more time to develop a longer-term extension for the authority. He asked the witnesses to indicate whether the U.S.’s reliance on short-term extensions of the FCC’s spectrum auction authority is healthy.
  • Mr. Gillen answered no.
  • Mr. Assey answered no.
  • Dr. Ghosh answered no.
  • Mr. Johnson answered no.
• Chairman Latta then asked the witnesses to indicate whether the U.S. is currently leading the world in its deployment of 5G communications technology.
  • Mr. Gillen answered affirmatively.
  • Mr. Assey answered affirmatively.
  • Dr. Ghosh answered affirmatively.
  • Mr. Johnson attributed the U.S.’s leadership in the deployment of 5G communications technology to its innovators. He asserted however that the U.S. government is undermining this leadership.
• Chairman Latta then noted how Mr. Gillen had proposed that Congress establish a schedule for future spectrum auctions. He mentioned how Congress had provided $1.9 billion to the FCC for their Secure and Trusted Communications Reimbursement Program. He explained that this Program seeks to replace untrustworthy broadband infrastructure equipment from Chinese companies (such as Huawei and ZTE) with more trustworthy infrastructure equipment. He stated however that the U.S. still needs to provide about $3.08 billion to fully fund the Program. He asked Mr. Gillen to elaborate on his call for Congress to establish a schedule for future spectrum auctions.
  • Mr. Gillen remarked that the recent lapse of the FCC’s spectrum auction authority demonstrates that more work needs to be done to establish a schedule for future spectrum auctions. He stated that there exist available spectrum bands that could quickly be put up for auction to fund government priorities. He asserted that the FCC’s prompt auctioning of spectrum would be key for ensuring that wireless innovation would occur domestically.
• Chairman Latta then noted how Dr. Ghosh’s testimony had asserted that the U.S. was the leader in recognizing that the wide bandwidths available in the millimeter-wave bands could be harnessed for multi-gigabyte throughputs. He asked Dr. Ghosh to indicate whether her use of the past tense had been intentional in her assertion.
  • Dr. Ghosh remarked that the U.S. remains the leader in millimeter-wave technology. She noted how the fundamental research and initial development of this technology had occurred within the U.S. She further stated that the U.S. has the maximum number of 5G deployments in the millimeter-wave.
• Chairman Latta then noted how Mr. Johnson’s testimony had called on the U.S. to make more spectrum available for commercial use. He also noted how Mr. Johnson’s testimony had highlighted how China is currently working to allocate more spectrum for commercial use. He asked Mr. Johnson to briefly compare how the U.S. and China are approaching the issue of spectrum deployment.
  • Mr. Johnson remarked that China maintains a national spectrum strategy and noted how the authoritarian nature of China’s government enables them to swiftly execute their strategy. He stated that China’s ability to swiftly execute their spectrum strategy is very helpful to their efforts to clear spectrum bands and deploy 5G communications technology in lower spectrum bands. He stated that the U.S. must develop its own national spectrum strategy that would leverage the U.S.’s strengths.
• Chairman Latta lastly discussed how unlicensed spectrum would be key for supporting many wireless technology applications, including IoT applications and AVs. He asked Mr. Assey to indicate whether the U.S. possess sufficient unlicensed spectrum capacity to meet industry and consumer demands.
  • Mr. Assey remarked that the U.S. has always been the market leader regarding unlicensed spectrum technology. He highlighted how the FCC had opened the 6 GHz band to unlicensed uses. He stated that the U.S. is poised to extend its leadership on unlicensed spectrum matters both domestically and internationally. He warned however that many countries (including China) might seek to resist the U.S.’s leadership in this area and stated that the U.S. should work to counter this resistance.

Subcommittee Ranking Member Doris Matsui (D-CA):

• Ranking Member Matsui partially attributed the U.S.’s recent breakdowns in spectrum governance to the inconsistencies in jurisdictional understandings across federal agencies. She asked Mr. Gillen to indicate whether “mission creep” among federal agencies impacts the federal government’s ability to take a unified position on spectrum policy issues.
  • Mr. Gillen thanked Ranking Member Matsui for her efforts to develop a unified spectrum strategy for the federal government. He stated that too many government agencies are involved in spectrum policy matters and asserted that the FCC and the NTIA ought to lead the U.S.’s spectrum policy. He commented that a more unified spectrum strategy would better support the U.S.’s ability to be a global leader on spectrum policy issues.
• Ranking Member Matsui then mentioned how she had introduced the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act to reassert the U.S.’s leadership within the global semiconductor space. She noted how U.S. Secretary of Commerce Gina Raimondo had released the law’s first Notice of Funding Opportunity (NOFO). She expressed interest in how this funding would support advancements in wireless communications. She asked Dr. Ghosh to describe how the CHIPS for America Act could encourage innovation in wireless semiconductor chips and spectrum governance more broadly.
  • Dr. Ghosh remarked that standardization requirements often make it difficult for new innovations to be deployed into the marketplace. She discussed how new wireless semiconductor chip sets are needed to access a lot of the new spectrum that is becoming available. She commented that the compatibility of these new wireless semiconductor chip sets with 5G communications technology can vary. She noted that the mobile consumer market has become the dominating customer of wireless semiconductor chips and stated that it is difficult to develop semiconductor chips outside of this market. She commented that this situation has resulted in there being few wireless hardware startups. She expressed interest in leveraging the CHIPS for America Act to encourage the manufacturing of alternative wireless semiconductor chip sets.
• Ranking Member Matsui then mentioned how she is currently working to develop legislation that would make updates to the NTIA’s SRF. She explained that the SRF helps federal agencies to transition off of spectrum so that the spectrum can be made available for commercial use. She stated that the SRF should be modernized to provide federal agencies with more flexibility and ensure that they possess the requisite tools to meet their missions. She asked Dr. Ghosh to indicate whether providing federal agencies with additional incentives (such as upgraded technology) could help to free up spectrum for commercial use.
  • Dr. Ghosh discussed how spectrum sharing often involves interactions between legacy systems and newer systems that are more agile. She indicated that these newer systems tend to have greater sharing capabilities and must be backward compatible. She remarked that having funding made available to support legacy system upgrades and improved sharing capabilities would be beneficial.
• Ranking Member Matsui then asked Mr. Johnson to address how spectrum harmonization informs geopolitical competition. She also asked Mr. Johnson to provide recommendations for how the U.S. could advance its spectrum interests abroad.
  • Mr. Johnson remarked that the global harmonization of spectrum bands would enable companies from the U.S. and allied countries to produce semiconductor chips and other key components at a global scale. He commented that these companies can produce semiconductor chips and components if there exists fair competition. He stated that this global production scale would be key to ensuring the success of the CHIPS for America Act.
• Ranking Member Matsui acknowledged that her question period time had expired.

Full Committee Chairman Cathy McMorris Rodgers (R-WA):

• Chairman McMorris Rodgers mentioned how the U.S. House of Representatives had recently passed legislation to extend the FCC’s spectrum auction authority through May 19, 2023. She noted however that the U.S. Senate had failed to pass this legislation, which has caused the FCC’s spectrum auction authority to expire. She asked the witnesses to indicate whether they support legislation to temporarily reauthorize the FCC’s spectrum auction authority through May 19, 2023.
  • Mr. Gillen answered affirmatively.
  • Mr. Assey answered affirmatively.
  • Dr. Ghosh answered affirmatively.
  • Mr. Johnson answered affirmatively. He commented that such a reauthorization is “crucial” to the U.S.’s national security.
• Chairman McMorris Rodgers remarked that Congress must now work quickly to reauthorize the FCC’s spectrum auction authority, improve interagency coordination on spectrum management, and restore trust in the spectrum management process. She described the NTIA and the FCC as expert agencies with regard to spectrum management. She noted how the IIJA had authorized the auction of the lower 3 GHz spectrum band. She stated however that the law had created uncertainty by requiring the U.S. Secretary of Defense to approve this auction moving forward. She contended that Congress must empower the NTIA to lead the federal government’s spectrum management efforts. She commented that the NTIA’s spectrum decisions must be respected by all federal agencies and industry stakeholders. She asked Dr. Ghosh to provide recommendations for injecting confidence back into the U.S.’s spectrum management process.
  • Dr. Ghosh first mentioned how she is involved in the National Spectrum Consortium’s Partnering to Advance Trusted and Holistic Spectrum Solutions (PATHSS) Task Group and indicated that this Task Group involves the NTIA, the FCC, the DoD, industry stakeholders, and academic stakeholders. She remarked that spectrum decisions often take time to make and stated that the Task Group is currently working to identify the most appropriate method (e.g., shared licensing, exclusive licensing, etc.) for maximizing the U.S.’s spectrum resources. She also testified that the Task Group’s various members are conducting the technical analyses for these methods under consideration. She stated that this process is working and expressed hope that the NTIA and the FCC would make the final decisions regarding the U.S.’s spectrum policy.
• Chairman McMorris Rodgers then asked Mr. Johnson to discuss the risks that the U.S. will face if it fails to reauthorize the FCC’s spectrum auction authority and create a predictable environment for investing in wireless technology.
  • Mr. Johnson remarked that the U.S.’s failure to make more spectrum available will result in China becoming the global leader in 5G communications technology. He warned that Chinese leadership in 5G communications technology would pose an existential threat to market democracies. He contended that there are two paths for the future of technology: one involving freedom and innovation and another one involving surveillance and control. He commented that these two paths could not coexist and asserted that the U.S. must therefore maintain its global technology leadership. He also stated that U.S. technology leadership would be necessary for preserving the U.S.’s superior military strength. He asserted that the U.S. must be the global leader in 5G communications technology, AI, and quantum computing.
• Chairman McMorris Rodgers also noted how Mr. Johnson had called for the global harmonization of spectrum bands. She asked Mr. Johnson to address how the U.S.’s failure to reauthorize the FCC’s spectrum auction authority would impact the U.S.’s ability to lead on spectrum policy matters internationally.
  • Mr. Johnson noted how China is working to harmonize global standards around the lower 3 GHz spectrum bands and the lower 4 GHz spectrum bands. He indicated that China is pursuing these efforts without the involvement of the U.S. He stated that China’s ability to successfully harmonize global standards for these spectrum bands would provide China with a distinct advantage over the U.S. in 5G communications technology.

Full Committee Ranking Member Frank Pallone (D-NJ):

• Ranking Member Pallone mentioned how the U.S. House of Representatives had recently passed bipartisan legislation to extend the FCC’s spectrum auction authority, restore the role of the NTIA as the arbitrator of federal spectrum holdings, and use spectrum auction proceeds to pay for important public safety and national security programs. He indicated that these programs included NG911 and the FCC’s Secure and Trusted Communications Reimbursement Program. He also mentioned how the U.S. House of Representatives had unanimously passed a bill to temporarily extend the FCC’s spectrum auction authority. He commented that this temporary extension was meant to provide Congress with more time to negotiate a comprehensive spectrum legislative package. He noted how the U.S. Senate had failed to act on both measures. He stated that the recent expiration of the FCC’s spectrum auction authority creates doubt and uncertainty about the U.S.’s governance over spectrum policy matters and ability to remain the global leader in wireless innovation. He asked Mr. Johnson to indicate whether this expiration could support China and other countries in their efforts to become the global leader in wireless technologies. He also asked Mr. Johnson to indicate whether the continued presence of Huawei equipment in U.S. networks constitutes a national security threat.
  • Mr. Johnson remarked that the expiration of the FCC’s spectrum auction authority undermines the U.S.’s global leadership in wireless technologies and stated that the continued presence of Huawei equipment in U.S. networks constitutes a national security threat. He contended that the U.S. needs to be able to access equipment network suppliers that would be based in the U.S. and its ally countries. He stated that China is using its companies (including Huawei and ZTE) to influence global spectrum standards.
• Ranking Member Pallone then asked Mr. Gillen and Mr. Assey to discuss how the members of their respective organizations (and in turn the American public) would benefit from the stability of a long-term pipeline of spectrum and FCC authority over spectrum auctions.
  • Mr. Gillen remarked that having a sufficient spectrum supply would be key to support job creation and innovation across various fields (including manufacturing and health care). He stated that additional spectrum auctions are necessary for providing this spectrum supply and commented that the Committee is uniquely positioned to support these auctions.
  • Mr. Assey remarked that the U.S.’s demand for data is continuing to grow. He asserted that the U.S. requires all available technologies to provide seamless connectivity from providers to devices. He stated that the U.S. must work to unlock new spectrum for commercial use to support these connectivity goals.
• Ranking Member Pallone then remarked that the Committee must ensure that all communities would be able to access wireless technology opportunities. He mentioned how the ACP has already helped nearly 17 million Americans to afford and access broadband internet services. He asked Mr. Gillen and Mr. Assey to indicate whether the ACP has been successful in connecting people throughout the U.S. to broadband internet services.
  • Mr. Gillen remarked that the ACP has been “incredibly helpful” in improving access to broadband services. He highlighted how wireless broadband services have served as the “onramp” to the internet for many low-income Americans. He noted how 55 percent of ACP participants are pursuing mobile broadband solutions. He further highlighted how the ACP is helping to provide broadband services to Native American communities.
  • Mr. Assey testified that the NCTA is “actively engaged” in the ACP. He stated that the ACP benefits consumers and families in need of broadband services and funds the construction of new broadband infrastructure.

Rep. Gus Bilirakis (R-FL):

• Rep. Bilirakis emphasized that the recent lapse of the FCC’s spectrum auction authority was unprecedented. He asked Mr. Gillen to indicate whether the FCC still has the authority to process auctions that have already taken place and to allow for auction winners to receive the rights to the spectrum bands that they have already paid for.
  • Mr. Gillen remarked that the FCC’s ability to process auctions that have already taken place is currently unknown given the unprecedented nature of the lapse in the FCC’s spectrum auction authority. He stated that the FCC’s spectrum auction authority has served as a critical tool for the Agency’s operations and noted how this authority is responsible for 25 percent of the Agency’s funding. He remarked that Congress should swiftly work to provide certainty to the FCC so that the already purchased spectrum can be deployed.
• Rep. Bilirakis posited a scenario in which the FCC is found to not have the authority to process completed spectrum auctions. He asked Mr. Gillen to address how such a finding would impact private bidding in future spectrum auctions when the FCC’s spectrum auction authority is reinstated. He also asked Mr. Gillen to indicate how such a finding would impact the FCC’s ability to obtain maximum bids when licensing future spectrum bands when the FCC’s spectrum auction authority is reinstated.
  • Mr. Gillen remarked that increased certainty around the FCC’s spectrum auction process and authority would make prospective bidders more willing to participate in the FCC’s spectrum auctions. He also stated that the Committee should provide certainty around the FCC’s spectrum auction schedule. He asserted that this certainty would be key to ensuring the U.S.’s global competitiveness and meeting U.S. consumer spectrum demands.
• Rep. Bilirakis then noted how the FCC’s spectrum auctions generate money for the federal government. He expressed interest in ensuring that the U.S. government would maximize the revenue generated from these finite resources. He asked Mr. Assey to explain how U.S. taxpayers benefit from the use of shared license and unlicensed spectrum.
  • Mr. Assey remarked that the FCC’s spectrum auction authority is one tool for distributing spectrum rights. He asserted however that the revenue generated from the FCC’s spectrum auctions should be viewed as a byproduct rather than as the end goal for the auctions. He stated that policymakers should not be myopically focused on the revenue directly generated from the FCC’s spectrum auctions and should instead consider how these auctions foster significant innovation, which generate their own tax revenue. He noted how unlicensed spectrum contributes over $1 trillion annually to the U.S. economy, which he called significant. He remarked that a vibrant spectrum industry will drive innovation and provide long-term benefits to the U.S.

Rep. Yvette Clarke (D-NY):

• Rep. Clarke called on the U.S. Senate to take up legislation to extend the FCC’s spectrum auction authority. She discussed how the wireless industry plays a vital role in American society and supports innovation in a disparate array of industries, including health care, agriculture, AVs, gaming, and manufacturing. She remarked that Congress must ensure that all stakeholders have sufficient access to spectrum resources. She commented that this spectrum access is key to maintaining the U.S.’s global competitiveness and providing Americans with high quality broadband service. She asked the witnesses to project the consequences of continued Congressional inaction on spectrum auction authority.
  • Mr. Gillen remarked that the uncertainty surrounding the FCC’s spectrum auction authority would directly impact U.S. consumers. He projected that demand for spectrum would grow by five times between now and 2027 and stated that the U.S.’s failure to make more spectrum available would undermine its ability to satisfy this demand. He further raised concerns that the U.S.’s failure to make more spectrum available would risk ceding the U.S.’s global leadership in wireless technologies to China and other countries that are swiftly deploying spectrum resources. He concluded that the U.S. must make more spectrum available immediately to both ensure the U.S.’s global competitiveness and to create more 5G-related jobs.
  • Dr. Ghosh expressed agreement with Mr. Gillen’s response. She also noted how spectrum auctions are not only used to allocate exclusively licensed spectrum. She highlighted how the CBRS band (which is shared spectrum) was auctioned and licensed. She remarked that the FCC needs spectrum auction authority so that it can consider all options for spectrum allocation.
  • Mr. Assey expressed agreement with the previous responses. He remarked that the U.S. should be focused on making more commercial spectrum available. He commented that this would involve developing new strategies for sharing spectrum and making more intensive use of spectrum. He asserted that more efficient spectrum use would be critical for meeting the demand for commercial spectrum services while remaining responsive to the needs of government agencies.
  • Mr. Johnson remarked that access to commercial spectrum is “indispensable” to the U.S.’s economic and national security. He stated that the absence of commercial spectrum would render the U.S. globally uncompetitive from both technological and economic standpoints.
• Rep. Clarke then mentioned how she is the co-chair of the Congressional Smart Cities Caucus. She expressed interest in leveraging next generation technologies to improve living conditions for all Americans. She mentioned how many major cities (including New York City) face unique challenges that would be best addressed through technological advances, such as IoT applications and access to high-speed affordable WiFi. She asked the witnesses to discuss how unlicensed spectrum and other advances in technology could be used to power smart cities.
  • Mr. Assey discussed how seamless connectivity involves expanding on fiber networks to create ubiquitous connectivity. He stated that this seamless connectivity could be created through unlicensed spectrum, CBRS spectrum, and 5G spectrum. He remarked that the U.S. could promote partnerships between broadband service providers and cities to address urban issues, such as traffic management, streetlight management, and public information dissemination. He mentioned how Cox Communications and Las Vegas are partnering on efforts to use CBRS spectrum and predicted that there will be more of these types of partnerships in the future.

Rep. Tim Walberg (R-MI):

• Rep. Walberg first mentioned how he serves as a co-chair of the Congressional 5G and Beyond Caucus and the Congressional Rural Broadband Caucus. He then discussed how a variety of technologies support consumer internet connection and noted how these technologies include wireless, WiFi, fiber, and satellite. He remarked however that the U.S.’s full connectivity potential could not be realized without the establishment of a coordinated and robust spectrum pipeline. He asked Mr. Gillen and Mr. Assey to identify the most underutilized frequencies by commercial or federal users. He also asked Mr. Gillen and Mr. Assey to provide recommendations for where Congress should focus its efforts regarding spectrum pipeline legislation.
  • Mr. Gillen recommended that Congress focus on addressing mid-band spectrum. He noted how the U.S. government controls 12 times more mid-band spectrum than is available for 5G communications technology. He specifically recommended that Congress focus on the lower 3 GHz band, the 4 GHz band, and the 7 GHz band. He mentioned how many federal agencies are currently using less efficient systems and stated that spectrum auctions could support upgrades for these systems.
  • Mr. Assey remarked that there exists an opportunity to unlock new spectrum in the 3 GHz band. He stated that sharing techniques would need to be employed so that commercial users could make use of this band. He also remarked that the U.S. could build upon its work in the 6 GHz band and open up the 7 GHz band for unlicensed use.
• Rep. Walberg then mentioned how he had recently introduced the bipartisan Promoting United States Wireless Leadership Act of 2023, which would direct the NTIA to promote U.S. participation and leadership in international communications standard setting bodies. He asserted that the U.S.’s participation in these international groups is key for enabling the U.S. to remain the global leader in wireless technology. He asked Mr. Johnson to indicate whether China’s success in setting global spectrum policy would result in Chinese communications network equipment (including equipment from Huawei and ZTE) becoming standard equipment moving forward. He also Mr. Johnson to address how China’s success in this area would impact the U.S. and its allies.
  • Mr. Johnson noted how the U.S. and its allies have long set international communications technology standards. He stated that China is attempting to take a government-centric approach to influencing international communications technology standards and specifically highlighted how Chinese entities (including Huawei and ZTE) are attempting to influence international standard setting processes. He remarked that engagement from the U.S. and its allies in international communications standard setting discussions would be key to maintaining U.S. leadership within this area. He then discussed how China (through its communications network equipment manufacturers) is attempting to control the world’s communications network infrastructure. He stated that while China might use this communications network infrastructure to engage in espionage, he asserted that China is mainly interested in this infrastructure as a way to exert influence over other countries.

Rep. Darren Soto (D-FL):

• Rep. Soto discussed how the FCC’s spectrum auctions have supported economic growth, advances in technology and communications, and revenue generation for critical programs. He highlighted how spectrum availability is critical for enabling faster downloads, improving device connectivity, providing AI, VR, and multiplayer gaming innovations, and supporting commercial capabilities. He noted that while the U.S. House of Representatives had voted to temporarily extend the FCC’s spectrum auction authority, he lamented that the U.S. Senate had enabled this authority to lapse because of DoD concerns. He noted how the FCC’s spectrum auctions had been a wholly civilian process until recently. He asked Mr. Gillen and Mr. Assey to assess the effectiveness of the FCC’s civilian approach to spectrum auctions. He also asked Mr. Gillen and Mr. Assey to indicate whether this process had resulted in any security threats.
  • Mr. Gillen remarked that the FCC’s spectrum auction process works well so long as the FCC has access to spectrum to make available for sale. He raised concerns over how the U.S. government controls a significant amount of the U.S.’s prime spectrum. He stated that the FCC has demonstrated that it can run spectrum auctions that generate funding to support the upgrading of government systems (which can in turn enable more efficient uses of government spectrum). He commented that this outcome is mutually beneficial to both industry and the U.S. government.
  • Mr. Assey remarked that the FCC’s spectrum auction process acknowledges the large number of spectrum users and the need to account for national security interests. He mentioned how NCTA is participating in the PATHSS Task Group to maximize the U.S.’s spectrum resources. He commented however that this process is “extremely difficult” and mentioned how a recent report had estimated that it could take the U.S. government 20 years and $120 billion to vacate a band of prime spectrum.
• Rep. Soto asked Dr. Ghosh to indicate whether the U.S. could make more spectrum available while also protecting critical government functions.
  • Dr. Ghosh answered affirmatively. She stated however that if the vacation of spectrum becomes impossible, then the U.S. would need to consider strategies for better spectrum sharing. She also mentioned how there have been 250,000 Citizens Broadband Radio Service Devices (CBSDs) deployed and highlighted how there had never been a complaint from the DoD that these devices are causing interference. She asserted that spectrum sharing is an effective approach to maximizing the U.S.’s spectrum resources. She also stated that spectrum sharing could support connectivity efforts and mentioned how South Bend, Indiana is using CBRS spectrum to enable low-income families to connect to broadband internet services. She concluded that the U.S. should not be myopically focused on exclusive spectrum licensing and suggested that shared licensing arrangements could support the efficient management of spectrum.
• Rep. Soto remarked that the Committee must assert the FCC’s jurisdiction over the spectrum auction process and push back against DoD overreach in this area.

Subcommittee Vice Chair Buddy Carter (R-GA):

• Vice Chair Carter mentioned how the Subcommittee had recently advanced his bill to codify the NTIA’s ITS. He stated that the ITS plays a “crucial” role in making spectrum available for commercial use. He asked Dr. Ghosh to discuss how the ITS will support the U.S.’s international competitiveness on spectrum issues.
  • Dr. Ghosh remarked that ITS, NIST, and SpectrumX could support the U.S.’s efforts to address spectrum issues. She stated that these institutes maintain scientific testing capabilities that are especially important when considering real world deployments of spectrum systems.
• Vice Chair Carter thanked the witnesses for highlighting how the U.S.’s spectrum policy impacts the U.S.’s ability to compete with China. He then noted how Congress had long tasked the NTIA with managing federal agency use of spectrum. He asked Mr. Gillen to explain why it is important for there to be one agency in charge of spectrum policy for the entire Executive Branch.
  • Mr. Gillen remarked that the U.S. could not have federal agencies fighting against each other on spectrum policy issues. He stated that that spectrum policy is very technical in nature and asserted that the U.S. must have technical experts make decisions in this area. He also stated that the U.S. must be able to ensure that the winners of spectrum auctions are able to quickly make use of their acquired spectrum.
• Vice Chair Carter then mentioned how two recent auctions of federal spectrum for commercial use have been located within the CBRS band and the 3.45 GHz to 3.55 GHz band. He noted that while these two spectrum bands involve spectrum sharing, he stated that each band approaches the issue slightly differently. He asked Mr. Assey and Mr. Gillen to discuss the opportunities and challenges that are presented by these different approaches.
  • Mr. Assey remarked that the FCC’s approach to its recent CBRS band auction had enabled a wide variety of parties to participate in the auction. He indicated that these parties included many non-traditional participants, such as cable companies, schools, manufacturers, and ports. He commented that this increased participation in spectrum auctions is resulting in new innovative uses for spectrum. He stated that the recent CBRS band auction provides a model for pursuing shared spectrum licensing arrangements that balance the needs of industry and the government users.
  • Mr. Gillen cautioned that spectrum sharing solutions have several drawbacks. He noted how spectrum sharing results in lower power, which makes it more difficult to deploy spectrum to rural communities. He also mentioned how commercial users in shared spectrum arrangements could have the government preempt their spectrum. He commented that this prospect of preemption makes it more difficult for the commercial users to pursue spectrum projects.

Rep. Anna Eshoo (D-CA):

• Rep. Eshoo first mentioned how she had been concerned about Huawei for over a decade and applauded the FCC for its scrutiny of Huawei. She then expressed efforts to deploy shared license spectrum through the CBRS band. She asked Mr. Assey to address why shared license spectrum is an effective strategy for spectrum deployment. She also asked Mr. Assey to address how the FCC should evaluate shared license spectrum proposals. She then asked Mr. Gillen to elaborate on his reservations regarding shared license spectrum.
  • Mr. Assey remarked that shared licensed spectrum constitutes an important model and would enable the U.S. to maximize its available spectrum. He asserted that such maximization of available spectrum would be key to enabling the U.S. to compete with China. He stated that the timely clearing of spectrum is not always possible and commented that shared license spectrum would enable innovators to make use of this spectrum. He also remarked that technical experts would need to evaluate spectrum bands to determine whether the bands can be effectively shared. He contended that shared license spectrum would enable the U.S. to both meet the spectrum needs of government users and quickly make spectrum available to commercial users.
  • Mr. Gillen remarked that shared licensed spectrum remains in the experimental phase and noted how shared license spectrum comprises a small percentage of overall spectrum. He stated that the U.S. needs to provide more attention to the full power spectrum that is licensed. He commented that the U.S. is becoming less globally competitive in terms of its offering of full power spectrum. He stated however that the U.S. should not stop its shared license spectrum work and should instead deprioritize it.

Rep. Neal Dunn (R-FL):

• Rep. Dunn called it incumbent on Congress to foster an environment where the U.S. could compete technologically with China. He discussed how China is working to establish itself as the global leader in 5G communications technology and raised concerns that China could leverage this leadership to pursue its national goals. He commented that Chinese dominance of 5G communications technology would impact all sectors, including energy, health care, transportation, and AI. He called on the U.S. to make more spectrum available for commercial use so that the U.S. could better compete with China. He noted how the Chinese government is reportedly making large amounts of spectrum available through edict. He asked Mr. Johnson to indicate whether the U.S. should either make available the same spectrum frequencies as China or use market forces to inform its spectrum availability decisions.
  • Mr. Johnson remarked that the U.S. should not emulate the CCP’s process for making spectrum availability decisions. He stated that the U.S. should instead establish a coherent spectrum allocation process where decisions would be final. He commented that the U.S.’s current spectrum allocation process is often marred by delays after decisions are made. He also remarked that the U.S. should be a leader on global spectrum policy harmonization efforts and commented that spectrum availability is a necessary condition for this leadership.
• Rep. Dunn then raised concerns over how the U.S. has a deficit of mid-band spectrum. He noted how China is expected to have four times as much available 5G spectrum made available as the U.S. by 2027. He asked Mr. Gillen to discuss how China is using spectrum policy to advance its global position. He also asked Mr. Gillen to discuss the national security and economic risks that China’s spectrum policy poses to the U.S.
  • Mr. Gillen remarked that the CCP is seeking to attract innovations to China through its spectrum policy. He commented that the CCP understands that spectrum superiority would drive technological superiority. He noted how spectrum underlies many innovations, including robotics. He also discussed how there are global spectrum bands being built throughout the world and noted that the U.S. is absent from many of these efforts. He called on the Committee to ensure that the U.S. has a presence in these efforts and warned that the U.S. is ceding its global spectrum policy leadership to China and other countries.

Rep. Marc Veasey (D-TX):

• Rep. Veasey asked Mr. Gillen to discuss how the ACP helps to connect families to broadband internet services. He noted how the ACP provides 55 percent of Americans with access to affordable high-speed internet.
  • Mr. Gillen called the ACP “critical” and stated that internet access supports improved education and health care outcomes. He commented that the ACP enables people to obtain and maintain broadband access. He also highlighted how 55 percent of Americans are choosing wireless options for their broadband internet services and commented that the ACP supports these options.
• Rep. Veasey then asked Mr. Gillen to elaborate on the tangible benefits for Americans stemming from the FCC’s spectrum auction authority.
  • Mr. Gillen noted how the U.S.’s increased spectrum availability stemming from the FCC’s spectrum auction authority is allowing for fixed wireless options. He explained that increased spectrum availability has made it possible for wireless service providers to enter the home broadband market. He mentioned how 90 percent of the new households that had obtained broadband service last year did so through fixed wireless internet. He stated that fixed wireless options both increase competition and increase access to internet services. He emphasized that fixed wireless is entirely dependent on spectrum availability and stated that more full power spectrum would enable the U.S. to deploy fixed wireless internet services further into rural America.
• Rep. Veasey mentioned how the FCC’s spectrum auction authority had just expired and expressed hope that Congress would soon extend this auction authority. He then asked Mr. Gillen to discuss the importance of having Congress create a longer-term spectrum pipeline. He also asked Mr. Gillen to discuss how this spectrum pipeline could address the U.S.’s deficit of available mid-band spectrum for commercial use.
  • Mr. Gillen remarked that the Committee is the only body that can expand the U.S.’s spectrum pipeline. He asserted that Congress must direct the FCC to auction off certain bands of spectrum as part of any long-term extension of the FCC’s spectrum auction authority. He specifically called on the Committee to identify available mid-band spectrum that could be auctioned off. He noted how mid-band spectrum could travel far and carry a lot of information.
• Rep. Veasey then applauded SpectrumX’s work to convene researchers and staff from universities to address the U.S.’s spectrum issues. He specifically highlighted how SpectrumX is working with minority-serving institutions (MSIs) on these efforts. He asked Dr. Ghosh to recommended additional workforce development efforts to aid the U.S.’s leadership in spectrum policy and wireless technologies.
  • Dr. Ghosh called it important for the U.S. to support spectrum workforce development at the middle school and high school levels. She mentioned how she was currently working to develop course content about spectrum for high schools, community colleges, and four-year colleges. She discussed how spectrum education involves knowledge about physics, electrical engineering, and software and stated that it is important to bring all of these competencies together. She also mentioned how SpectrumX had just launched an initiative with four MSIs that would provide students with experience measuring spectrum performance.
• Rep. Veasey further thanked Dr. Ghosh for highlighting the importance of the ACP in her testimony.

Rep. John Curtis (R-UT):

• Rep. Curtis noted how the Spectrum Innovation Act of 2022 would have made spectrum in the lower 3 GHz band available, which would have enabled the U.S. to improve its 5G network. He also highlighted how this legislation would have tied the FCC’s spectrum auction authority with funding for NG911 and the FCC’s Secure and Trusted Communications Reimbursement Program. He emphasized that these programs are funded using no taxpayer dollars and do not add to the federal deficit. He lamented that the U.S. Senate had failed to advance the Spectrum Innovation Act of 2022, that the FCC’s spectrum auction authority had just been allowed to lapse, and that Congress has still not fully funded the FCC’s Secure and Trusted Communications Reimbursement Program. He stated that Congress’s failure to extend the FCC’s spectrum auction authority is jeopardizing rural broadband coverage within his Congressional District. He discussed efforts to ensure that small broadband carriers can replace Huawei and ZTE equipment in their networks. He stated that Congress’s failure to fully fund the FCC’s Secure and Trusted Communications Reimbursement Program by July 2023 will force these small carriers to make difficult decisions about securing their networks. He asked Mr. Gillen to address the urgency of fully funding the FCC’s Secure and Trusted Communications Reimbursement Program and to indicate why this funding must be provided by July 2023.
  • Mr. Gillen expressed his appreciation for the Committee’s focus on the FCC’s Secure and Trusted Communications Reimbursement Program. He discussed how the proceeds raised from the FCC’s spectrum auctions could support a variety of beneficial programs and Congressional priorities and called on the U.S. to increase its spectrum auction pipeline.
• Rep. Curtis asked Mr. Gillen to address how the recent lapse in the FCC’s spectrum auction authority hinders U.S. global leadership on spectrum policy issues.
  • Mr. Gillen stated that the U.S.’s current lack of a spectrum auction pipeline creates challenges for the U.S. He noted how the U.S.’s global rivals have plans to make more spectrum available and indicated that these rivals are executing these plans. He specifically raised concerns that the U.S. might not have sufficient access to mid-band spectrum moving forward. He stated that making mid-band spectrum available to innovators will benefit all consumers.
• Rep. Curtis then asked Mr. Johnson to explain how the U.S.’s failure to make more spectrum available would harm the U.S.’s national security.
  • Mr. Johnson acknowledged that the DoD requires spectrum to maintain certain weapons systems and capabilities. He stated however that the U.S.’s economic strength underlies the DoD’s capabilities and asserted that commercial access to spectrum is crucial.

Rep. Tony Cárdenas (D-CA):

• Rep. Cárdenas stated that the U.S. should not take its strong spectrum policy for granted and noted how Congress had just allowed for the FCC’s spectrum auction authority to expire. He expressed hope that Congress will swiftly reauthorize the FCC’s spectrum authority. He also stated that the U.S. must work to maintain its global leadership on spectrum matters and mentioned how China is currently working to challenge this leadership. He then noted how Dr. Ghosh had stated that spectrum policy that makes available cost-effective spectrum to small providers and communities could address digital disparities in both urban and rural communities. He asked Dr. Ghosh to discuss how the FCC has worked to ensure that smaller providers in local communities can access necessary spectrum and provide better service to lower income and underserved communities.
  • Dr. Ghosh mentioned how the FCC had made available 150 MHz of mid-band spectrum through the CBRS network. She indicated that this network involves both licensed and unlicensed spectrum and stated that this new spectrum availability would enable communities to deploy their own networks. She recommended that policymakers further explore applications for shared license spectrum. She acknowledged that while shared license spectrum tends to be lower power, she asserted that this lower power spectrum would be sufficient for communities that simply want to extend some broadband access to their residents. She further noted how rural areas do not lack spectrum and commented that these areas lack infrastructure (which she attributed to cost of the infrastructure). She stated that Congress must ensure that the U.S. has the necessary infrastructure for the places that need it.
• Rep. Cárdenas then mentioned how certain communities (such as Hispanic communities) over-index on the use of mobile devices for their primary or sole connection to the internet. He stated that mobile wireless competition in these communities is therefore “absolutely critical” and asserted that U.S. spectrum policy must prioritize this competition. He asked Mr. Assey to discuss how shared license spectrum supports mobile wireless competition that might benefit communities that rely heavily on mobile wireless access to the internet.
  • Mr. Assey remarked that shared license spectrum would bring more internet providers into the marketplace. He mentioned how the CBRS network auction had resulted in ten times more parties claiming licenses than in previous auctions. He discussed how large internet providers, including Comcast and Charter Communications, are expanding their mobile wireless businesses and commented that this development has benefited consumers. He concluded that the U.S. must make commercial spectrum available through all possible means.
• Rep. Cárdenas stated that public-private partnerships would play a key role in expanding internet access.

Rep. John Joyce (R-PA):

• Rep. Joyce discussed the important role that spectrum plays in connecting Americans to the internet, especially Americans residing in rural areas. He remarked that the federal government must establish an intergovernmental approach to spectrum policy to ensure coordination. He stated that this intergovernmental approach would help to preserve the U.S.’s global leadership on spectrum matters. He asked Mr. Assey to address how a “balanced” spectrum policy would benefit rural Americans.
  • Mr. Assey remarked that unlicensed spectrum availability is important because unlicensed spectrum extends the reach of wired networks. He also discussed how shared license spectrum arrangements are making available previously unavailable government spectrum to commercial users and communities. He stated that increasing the availability of spectrum would lead to increased productivity and innovation.
• Rep. Joyce then asked Mr. Gillen to discuss how the U.S. could ensure that rural residents would have access to the same internet services as their urban counterparts.
  • Mr. Gillen remarked that the U.S. must work to ensure that there exists equitable internet access for all Americans. He stated that the U.S. must balance the need for government spectrum, licensed spectrum, and unlicensed spectrum. He asserted however that U.S. spectrum policy is currently unbalanced. He noted how the U.S. currently has seven times as much unlicensed spectrum as licensed spectrum. He also noted how the U.S. government currently has 12 times more spectrum than licensed commercial users. He contended that the U.S. should make more full power spectrum available and commented that full power spectrum would enable internet providers to expand their reach. He stated that spectrum infrastructure needs are largely dependent on the strength of the spectrum in a given area.
• Rep. Joyce then noted how Mr. Johnson had raised concerns about China becoming a global leader in commercial wireless communications technology and policy. He asked Mr. Johnson to address how Congress could empower domestic industries to ensure the U.S.’s continued global leadership in commercial wireless communications technology and policy.
  • Mr. Johnson first applauded the Congress’s support for the CHIPS for America Act and the IIJA. He also thanked the U.S. House of Representatives for its efforts to extend the FCC’s spectrum auction authority and called on the U.S. Senate to extend this authority. He remarked that the U.S. needs to make available more commercial spectrum, provide coherent processes for spectrum deployment, and harmonize global spectrum bands.
• Rep. Joyce emphasized that the Subcommittee is committed to enacting Mr. Johnson’s suggested policies on a bipartisan basis.

Rep. Randy Weber (R-TX):

• Rep. Weber asked Mr. Johnson to explain how the U.S. could produce more commercial spectrum.
  • Mr. Johnson remarked that the U.S. needs a thoughtful strategy for freeing up commercial spectrum. He noted how the DoD controls a large amount of available spectrum and asserted that the U.S. should work to reallocate some of this spectrum from the DoD to commercial users. He stated that the U.S.’s strength is largely based on its economic and technological prowess, which in turn strengthens the DoD.
• Rep. Weber asked Mr. Johnson to indicate whether there are commercial spectrum users that support the U.S.’s defense capabilities.
  • Mr. Johnson answered affirmatively. He noted how many U.S. defense contractors require commercial spectrum to develop and support their innovations.
• Rep. Weber then asked Mr. Gillen to elaborate on his statement that full power spectrum licenses are widely available in other countries and not as widely available within the U.S.
  • Mr. Gillen discussed how the U.S. is currently focused on deploying mid-band spectrum and noted how the U.S. government has 12 times more mid-band spectrum than the commercial industry. He remarked that the U.S. could more efficiently use this mid-band spectrum and acknowledged that mid-band spectrum is a finite resource. He stated that upgrading the efficiency of government systems would enable the systems to use less spectrum. He indicated that commercial users could then make use of this newly available spectrum.
• Rep. Weber asked Mr. Gillen to indicate whether more efficient systems that use less spectrum currently exist.
  • Mr. Gillen testified that the commercial wireless industry has improved its spectrum efficiency 40 times over in the past decade. He stated that the commercial wireless industry has a strong incentive to maximize their spectrum efficiency given the high cost of spectrum licenses.
• Rep. Weber asked Mr. Gillen to project when the U.S.’s spectrum networks would become overly congested.
  • Mr. Gillen remarked that the Committee’s leadership would be necessary for ensuring that the U.S.’s spectrum networks did not become overly congested. He stated that the U.S. must make more spectrum available to commercial users to satisfy the U.S.’s spectrum needs.
• Rep. Weber asked Mr. Assey to provide his thoughts on how the FCC Chairman should approach spectrum policy.
  • Mr. Assey explained that the FCC manages civilian uses of spectrum and that the NTIA manages government uses of spectrum. He expressed support for this management structure for spectrum. He stated that the problem is that spectrum is a finite resource and both consumers and government users are demanding to use more spectrum. He remarked that the U.S. must therefore develop new strategies to manage its spectrum resources more efficiently.
• Rep. Weber interjected to ask Mr. Assey whether the U.S. should emulate any other country’s approach to spectrum management.
  • Mr. Assey remarked that the U.S. maintains the best approach to spectrum management.

Rep. Ann Kuster (D-NH):

• Rep. Kuster stated that the recent expiration of the FCC’s spectrum auction authority has jeopardized the U.S.’s continued global leadership in wireless technology. She discussed how spectrum serves as the “backbone” to the U.S.’s communications networks and highlighted how spectrum supports work, telehealth, education, entertainment, and interpersonal communications. She asked Mr. Assey to address how the FCC could ensure that sufficient unlicensed spectrum remains available.
  • Mr. Assey recounted how the FCC had begun to make unlicensed spectrum available to innovators during the 1980s and commended the FCC for its approach to unlicensed spectrum. He mentioned how the FCC had most recently made available spectrum within the 6 GHz band and predicted that this decision could result in more innovation involving unlicensed spectrum. He noted how the FCC has developed rules that govern low power indoor devices and commented that these devices provide more bandwidth, lower latency, and more security. He mentioned how cable companies are actively deploying these devices to their customers. He further predicted that there would be additional advances in WiFi technology that will enable even more applications, including VR and AR applications. He expressed optimism regarding the innovation that will occur within the unlicensed spectrum space and stated that the U.S. is well-positioned to be a global leader within this space.
• Rep. Kuster then mentioned how she has many rural constituents and noted that these constituents face challenges when seeking to access fast and reliable broadband service. She asked Mr. Gillen to discuss how wireless internet options could help to reduce digital disparities for both rural areas and tribal areas. She also asked Mr. Gillen to address how the recent expiration of the FCC’s spectrum auction authority will impact the ability of wireless internet providers to service rural communities.
  • Mr. Gillen remarked that spectrum is key to expanding broadband internet access and called on the U.S. to make more licensed spectrum available. He stated that fixed wireless options could be used to expand broadband internet access to more homes. He noted how Accenture had projected that increased spectrum availability could enable fixed wireless options to reach 43 percent of rural Americans within the next few years. He asserted that the U.S. must work to swiftly increase access to spectrum given how many rural Americans currently lack broadband internet access. He also mentioned how the Committee had helped to develop the BEAD and expressed concerns that the Program’s implementation is not being conducted in a technology neutral manner. He called on the BEAD Program to consider wireless and fiber options. He discussed that communities would need to make their broadband policy decisions based on speed, availability, and cost considerations and asserted that having more broadband internet options available will benefit rural communities.
• Rep. Kuster asked Mr. Gillen to indicate whether wireless internet solutions have any benefits over wired internet solutions for geographically difficult to reach areas.
  • Mr. Gillen remarked that all communities will vary in their needs and conditions. He stated that the benefit of wireless internet solutions is that these solutions can be transmitted from towers, which can allow them to overcome topography challenges.

Rep. Rick Allen (R-GA):

• Rep. Allen expressed his disappointment with how the FCC’s spectrum auction authority had been allowed to expire. He remarked that federal agencies must become more flexible in their use of spectrum and responsive to the spectrum needs of private users. He expressed hope that the U.S. Senate will act swiftly to extend the FCC’s spectrum auction authority. He then asked Mr. Gillen to explain mid-band spectrum and to indicate whether mid-band spectrum could ensure the U.S.’s continued leadership within the wireless industry.
  • Mr. Gillen remarked that mid-band spectrum would be “critical” for maintaining the U.S.’s leadership within the wireless industry. He stated that mid-band spectrum is important because it provides a good balance of capacity and coverage. He specifically recommended that the U.S. focus on making more full power mid-band spectrum available for commercial users.
• Rep. Allen reiterated his call for Congress to authorize the FCC’s spectrum auction authority and stated that this authority is critical for the FCC to act on pending applications within the 2.5 GHz band. He asked Mr. Gillen to indicate whether the 2.5 GHz band constitutes valuable mid-band spectrum that can support coverage for rural areas.
  • Mr. Gillen answered affirmatively.
• Rep. Allen then asked Mr. Assey to explain how spectrum sharing works and to discuss how spectrum sharing technologies could address the U.S.’s current spectrum challenges.
  • Mr. Assey remarked that spectrum sharing technologies have the potential to create “win-win” solutions for government and commercial spectrum users. He noted how there is growing demand for spectrum from both government and commercial users and commented that spectrum sharing technologies could make spectrum available very quickly. He also discussed how spectrum sharing technologies (such as the CBRS network) could enable more parties to participate in spectrum auctions, which will drive competition.
• Rep. Allen asked Mr. Johnson to indicate whether government spectrum users could increase their spectrum sharing activities to increase the amount of available spectrum.
  • Mr. Johnson contended that it is both possible and imperative that government spectrum users increase their spectrum sharing activities. He remarked that having more spectrum available for commercial use will bolster the U.S.’s national security.
• Rep. Allen remarked that the U.S. could not cede its global leadership on spectrum issues to China.
  • Mr. Johnson stated that the U.S.’s failure to maintain its global leadership on spectrum issues would imperil the future of market democracies.

Rep. Russ Fulcher (R-ID):

• Rep. Fulcher expressed interest in 5G communications technology and its networking capabilities. He raised concerns however over the potential for 5G communications technology and AI technology to be combined. He asked Dr. Ghosh to address whether his concerns are warranted.
  • Dr. Ghosh remarked that AI could be used to better manage the performance of 5G networks. She stated that policymakers must be vigilant against biases that might exist within AI systems. She noted that an AI system could optimize a 5G network in a way that disadvantages the residents of a lower income neighborhood. She remarked however that AI could serve as a powerful tool for supporting 5G communications technology.
• Rep. Fulcher interjected to asked Dr. Ghosh to indicate whether she has concerns over the combination of 5G communications technology and AI technology.
  • Dr. Ghosh answered no. She expressed hope that the U.S. would be able to leverage 5G communications technology and AI technology in a safe fashion.
• Rep. Fulcher then asked the witnesses to discuss the proper role of the U.S. government in the wireless technology industry if the goal is to foster innovation and a free market environment.
  • Mr. Gillen remarked that the U.S. government should focus on increasing commercial access to spectrum. He stated that Congress should empower the FCC to auction off spectrum and identify spectrum bands to be put up for auction. He asserted that increased commercial access to spectrum would support the delivery of wireless internet service to more Americans.
  • Mr. Assey remarked that the FCC’s spectrum auctions are one tool for increasing the availability of commercial spectrum. He also stated that the U.S. must address the spectrum needs of government users and coordinate spectrum needs across government agencies.
  • Mr. Johnson expressed agreement with the previous responses and remarked the U.S. should pursue spectrum policies that are conducive to innovation. He commented that these policies would involve providing adequate access to spectrum, coherent spectrum allocation processes, and global harmonization of spectrum bands.
• Rep. Fulcher remarked that the U.S. must be cognizant as to not stifle competition and innovation as part of its spectrum policy.

Rep. Diana Harshbarger (R-TN):

• Rep. Harshbarger mentioned how the Chinese government had possessed the largest 5G mobile infrastructure in the world by the end of 2021 with 1.43 million base stations. She indicated that these base stations had accounted for over 60 percent of the world’s total base stations. She also noted how China has launched its research and development (R&D) into 6G communications technology ahead of schedule. She further highlighted how China maintains the most 6G communications technology-related patents in the world and indicated that these patents mainly focus on 6G infrastructure. She remarked that the U.S.’s ability to deploy wireless technologies is fundamentally constrained by infrastructure. She asked the witnesses to address the importance of permitting reforms for ensuring that any newly available spectrum would enable a better consumer experience.
  • Mr. Gillen noted how wireless communications infrastructure could be immediately deployed in China without a zoning process. He stated that while the U.S. should not replicate this approach, he asserted that the U.S. must accelerate its permitting process for wireless communications infrastructure. He remarked that the permitting process for this infrastructure is often too expensive, overly complex, and without firm schedules. He also highlighted how some spectrum works better in rural areas and commented that the U.S. needs to focus on deployment efforts around this spectrum. He then noted that while some engineers are beginning to look into 6G communications technology, he asserted that the U.S. remains in the early stages of 5G communications technology. He remarked that the U.S. should therefore focus on 5G communications technology at the current time. He stated however that the U.S. should be cognizant of China’s efforts to become the global leader in 6G communications technology.
  • Mr. Alley expressed agreement with Mr. Gillen’s comments. He remarked that spectrum is only as valuable as the infrastructure it uses and commented that the U.S. must be able to efficiently build spectrum infrastructure. He stated that government permitting plays a key role in the construction of spectrum infrastructure. He also discussed how a lack of access to poles and supply chain shortages can impede the U.S.’s construction of spectrum infrastructure.
  • Dr. Ghosh noted how there are currently a lot of 6G initiatives underway in the U.S. She mentioned how she is involved in the Next G Alliance, which is working on 6G communications technology standards. She expressed confidence that the U.S. remains in a global leadership position regarding 6G communications technology issues. She then stated that the fundamental challenge associated with deploying infrastructure to rural and underserved areas is a lack of backhaul. She suggested that the U.S. consider alternative methods for deploying backhaul to these areas, such as satellite, fixed wireless, and point-to-point links that use high frequencies.
• Rep. Harshbarger mentioned how many of the counties within her Congressional District lack broadband internet coverage and stated that she understood the tradeoffs associated with expanding coverage to these areas.
  • Mr. Johnson mentioned how he personally lives in a rural area and has a DSL internet connection. He remarked that a region’s topography and geographical features will often impact the suitability of their internet options. He stated that the BEAD Program must account for topographic and geographic variations across regions.

Rep. Kat Cammack (R-FL):

• Rep. Cammack called it essential for the U.S. to remain a global leader on spectrum policy matters. She then expressed interest in how both licensed and unlicensed spectrum could support efficient agriculture production through precision agriculture. She asked Mr. Gillen and Mr. Assey to discuss how spectrum is currently being used to support agriculture production. She also asked Mr. Gillen and Mr. Assey to identify future potential benefits that spectrum technologies could provide to the agriculture sector.
  • Mr. Gillen expressed excitement regarding how spectrum technologies could be deployed to support farming. He stated however that spectrum availability is a necessary precondition for these potential innovations. He then discussed how 5G communications technology is already supporting precision agriculture innovations and mentioned Trellis as a company operating within this space.
  • Mr. Assey called precision agriculture an “exciting area” for innovation and underscored the importance of expanding broadband internet access beyond home settings. He expressed hope that the BEAD Program would support this broader access to broadband internet services. He stated that there does not exist a single solution to expanding broadband internet access. He commented that 5G communications technology, unlicensed spectrum, and the CBRS network could all be used to expand access to broadband internet services.
• Rep. Cammack asked the witnesses to explain why it is important for the NTIA to remain the sole manager of the U.S. government’s spectrum resources.
  • Mr. Johnson recounted how the U.S. had experienced challenges in deploying C-band spectrum due to concerns from the FAA. He raised concerns that similar spectrum conflicts could occur in additional sectors given how an increasing number of sectors will soon require spectrum. He asserted that the U.S. must possess coherent processes for making spectrum allocation decisions so that spectrum deployment could occur.
  • Dr. Ghosh noted how the U.S. is the only country in the world that has two agencies that regulate spectrum. She explained that the FCC regulates commercial spectrum use while the NTIA regulates government spectrum use. She raised concerns that allowing all federal agencies to make spectrum management decisions would render the U.S.’s spectrum management process ungovernable. She contended that the U.S.’s fragmented approach to spectrum management makes the U.S. appear indecisive and impotent. She called it essential for the NTIA to be the only federal agency that represents federal spectrum interests.
  • Mr. Assey expressed agreement with the previous responses. He noted that there are multiple federal agency spectrum users and stated that the Executive Branch must be able to coordinate these varying spectrum interests.
  • Mr. Gillen also expressed agreement with the previous responses. He stated that having the NTIA remain the sole manager of the U.S. government’s spectrum resources would provide for certainty. He stated that companies that are spending large amounts of money to access spectrum want to know that they can actually use the spectrum that they have purchased.

Rep. Jay Obernolte (R-CA):

• Rep. Obernolte noted how Mr. Gillen had indicated that the U.S. consumer demand for data will grow by five times by 2027. He stated that this increased consumer demand for data is driving the need for more commercial spectrum. He remarked however that the U.S. might be able to become more efficient with its data usage over time, which could reduce some of the demand for commercial spectrum. He asked Mr. Gillen to explain why U.S. consumer demand for data will grow by five times by 2027.
  • Mr. Gillen discussed how connected device usage is continuing to grow and commented that greater device capabilities will further drive this growth. He noted how 5G communications technology is driving a proliferation of devices beyond smartphones (including sensors and IoT applications). He concluded that the increased consumer demand for data will stem from more devices requiring data (rather than greater data use among individual devices).
• Rep. Obernolte noted how consumers can only use one device at a time and commented that many IoT devices will likely have lower appetites for data.
  • Mr. Gillen noted how many IoT devices and sensors will need to constantly monitor and transmit information, which will result in increased data usage.
• Rep. Obernolte then noted how this increased demand for data has been used to justify making more commercial spectrum available. He stated however that the U.S. is also pursuing new technologies that support more efficient spectrum use. He asked Mr. Asesey to address the extent to which new technologies that support more efficient spectrum use can satisfy the increased consumer demand for data.
  • Mr. Assey remarked that it would be in the U.S.’s interest to increase the data throughputs for its current wireless networks. He commented that there exists a strong market incentive for the U.S. to bolster its spectrum efficiency.
• Rep. Obernolte lastly expressed hope that the U.S. Senate will swiftly act to extend the FCC’s spectrum auction authority.

Rep. Troy Balderson (R-OH):

• Rep. Balderson mentioned how he had introduced bipartisan legislation with Rep. Ann Kuster (D-NH) that would have increased the coordination between the FCC and the NTIA. He indicated that this legislation would also have required the two agencies to update their MoU on Spectrum Coordination regularly. He noted that the Subcommittee had recently approved this bill. He expressed hope that this bill could prevent future interagency spectrum conflicts. He asked the witnesses to provide additional recommendations for how the FCC and the NTIA can improve their coordination on spectrum policy issues.
  • Dr. Ghosh remarked that differing technical assumptions often serve as the source of interagency conflicts on spectrum policy. She mentioned how SpectrumX maintains joint-MoUs with the FCC and the NTIA that are meant to provide shared technical assumptions. She stated that Congress should encourage these types of MoUs and interagency dialogue.
  • Mr. Gillen expressed agreement with Dr. Ghosh’s response. He recommended that Congress empower spectrum experts to make spectrum policy decisions and stated that these experts require research to make these decisions. He specifically highlighted the role that the ITS could play in supporting this decision making.
• Rep. Balderson then noted how the witnesses had discussed the importance of bolstering the U.S.’s spectrum pipeline and the need to include the lower 3 GHz band within that pipeline. He noted how Europe, China, and other countries are using the lower 3 GHz band to support 5G networks. He asked the witnesses to explain the benefits associated with global harmonization of spectrum bands.
  • Mr. Johnson remarked that the U.S.’s ability to serve the lower 3 GHz band would enable U.S. companies and companies from allied countries to better compete in wireless networks globally. He stated that the U.S.’s lack of presence in the lower 3 GHz band would make Chinese companies (such as Huawei) more globally competitive.
  • Dr. Ghosh remarked that economies of scale are very important for spectrum technology development. She stated however that virtually all 5G technologies that are being developed in the U.S. are capable of operating in the lower 3 GHz band. She noted that these technologies are not operating in the lower 3 GHz band because they do not have a license to do so. She then remarked that the U.S. should work to develop spectrum sharing capabilities within the lower 3 GHz band and commented that such capabilities would put the U.S. at a competitive advantage. She stated that the U.S. is the global leader in spectrum sharing capabilities. She called on the U.S. to leverage these spectrum sharing capabilities to expand its available spectrum.
  • Mr. Assey expressed agreement with Dr. Ghosh’s response. He noted that the U.S. is unique in that its government agencies make use of the lower 3 GHz band and commented that the U.S. would need to address this situation. He remarked that spectrum sharing could be used to increase spectrum availability and ensure that government agencies would maintain access to critical spectrum. He added that spectrum sharing would enable this spectrum to become available much sooner for commercial users.
  • Mr. Gillen remarked that the lower 3 GHz band constitutes a “large block of spectrum” and commented that there exist a lot of opportunities to meet the spectrum needs of the DoD and commercial users. He stated that the U.S. needs to make spectrum available to commercial users that is not preemptable. He noted how much of the U.S.’s current shared spectrum arrangements provide government users with precedent over commercial users. He remarked that commercial spectrum users need certainty that they will be able to make use of the spectrum that they purchase. He commented that while shared spectrum experiments are important, he asserted that the U.S. must also make available full power and non-preemptable spectrum.

Rep. August Pfluger (R-TX):

• Rep. Pfluger first asked Mr. Gillen and Mr. Assey to explain why the U.S. military requires spectrum within the 3.1 GHz to 3.7 GHz band.
  • Mr. Gillen discussed how the U.S. military largely uses the 3.1 GHz to 3.7 GHz band for ground and air radar purposes. He noted how the Airborne Warning and Control System (AWACS) is a prominent user of this spectrum. He suggested that this spectrum band could be used more efficiently, which would in turn enable commercial users to make use of the freed-up spectrum. He also stated that the U.S. could have Wedgetail aircrafts use different spectrum bands, which will free up additional spectrum for commercial use.
• Rep. Pfluger asked Mr. Gillen and Mr. Assey to indicate whether there exists an opportunity to pursue spectrum sharing in the 3.1 GHz to 3.7 GHz band.
  • Mr. Gillen stated that there do exist spectrum sharing opportunities in the 3.1 GHz to 3.7 GHz band.
  • Mr. Assey noted how the PATHSS Task Force is currently considering the feasibility of different spectrum sharing approaches within the 3.1 GHz to 3.7 GHz band.
• Rep. Pfluger then remarked that the witnesses appear to support multiple approaches for expanding the U.S.’s spectrum availability. He noted that these approaches include spectrum sharing and expanding access to licensed and unlicensed spectrum. He discussed how his Congressional District produces a significant amount of energy and agriculture, which makes it a critical area for U.S. national security. He noted however that his Congressional District have a very low population density and highlighted how many areas of the Congressional District had poor internet connectivity. He asked the witnesses to address how the U.S. could work to provide 100 percent internet connectivity to all of its residents.
  • Mr. Gillen stated that while increased spectrum availability would be key to increasing internet connectivity, he asserted that infrastructure serves as a key barrier to broadband internet deployment. He commented that it is often cost prohibitive to deploy broadband internet infrastructure in rural areas. He stated that the BEAD Program could help to address the costs associated with deploying broadband infrastructure to rural areas. He noted however that the BEAD Program is only focused on fiber internet, which means that it will not address wireless or mobile wireless connectivity challenges. He also mentioned that while the FCC had promised to establish a 5G Fund in 2011, he noted that the U.S. has not provided money that would be dedicated to building out wireless infrastructure in remote areas. He stated that there would need to exist a partnership between the U.S. government and private industry to expand internet connectivity to all Americans.
  • Mr. Assey remarked that the BEAD Program could support the deployment of rural broadband internet service. He acknowledged however that many federal programs meant to allocate funds to rural communities often failed to achieve their mission. He stated that U.S. policymakers must therefore be focused on ensuring that the BEAD Program would go to unserved and underserved areas.
• Rep. Pfluger asked Mr. Assey to clarify whether Congress had yet to appropriate BEAD Program funding.
  • Mr. Assey stated that Congress had allocated funding for the BEAD Program and that the U.S. Department of Commerce is now working to divide this money amongst the states. He indicated that the states would decide how BEAD Program funding will be dispersed.
• Rep. Pfluger emphasized the need for the U.S. to provide universal internet connectivity and remarked that this universal internet connectivity is key for energy and food production. He also stated that the absence of universal internet connectivity is deterring many people from moving to energy and food producing regions.