Austin News

U.S. Senate Commerce Committee Chairman Ted Cruz has requested the Department of Defense (DOD) to provide documents related to efforts by Biden-era officials to influence defense contractors against supporting the reauthorization of the Federal Communications Commission’s (FCC) spectrum auction authority. In a letter addressed to Defense Secretary Pete Hegseth, Senator Cruz outlined allegations that these officials attempted to bypass laws prohibiting federal agencies from lobbying on legislative matters.

Senator Cruz emphasized that in recent years, defense contractors have invested significant amounts in lobbying against legislation aimed at making underutilized mid-band spectrum available for commercial use. He stated that the Commerce Committee has been informed of potential encouragement or pressure from the Biden administration on these contractors to oppose such legislation.

Despite public endorsements for creating a spectrum pipeline from former DOD Secretary Lloyd Austin and Commerce Secretary Gina Raimondo, a leaked memo indicated opposition from then-Chairman of the Joint Chiefs of Staff Mark Milley regarding President Biden's decision-making on holding an auction.

As part of his inquiry, Senator Cruz is seeking access to documents and communications involving DOD officials and other related parties concerning the FCC’s auction authority.

In his communication with the Department of Defense, Senator Cruz expressed concerns about information suggesting deliberate actions by Pentagon officials during the Biden administration to sidestep regulations like the Anti-Lobbying Act and Hatch Act. These laws prevent executive branch agencies from engaging in activities supporting or opposing pending congressional legislation. According to Senator Cruz, "multiple Pentagon officials and career staff" were involved in encouraging defense industry members to lobby Congress against reauthorizing FCC spectrum auction authority.

The letter also highlights discussions held last month by the Senate Committee on Commerce regarding how commercially available electromagnetic spectrum fosters economic growth and innovation in telecommunications. Witnesses at this hearing stressed American leadership's importance in telecommunications technologies for global network security and national security benefits.

Senator Cruz further pointed out challenges posed by U.S. policies on spectrum management compared to China's advancements. He mentioned China’s strategic moves in telecommunications infrastructure and standards setting as a concern for U.S. competitiveness and security interests. The alleged interference by Pentagon officials with congressional efforts around FCC’s spectrum authority underscores this issue's urgency.

The full text of Senator Cruz's letter is available online.