- CTIA applauds the One Big Beautiful Bill Act's plan to free 800 MHz of spectrum but warns that a provision of the National Defense Authorization Act (NDAA) could derail that progress
- CTIA President and CEO Ajit Pai sent a letter to lawmakers requesting that the provision, which gives the military veto power, not be included in the final version of the 2026 NDAA
- CTIA’s got powerful allies in its corner on Section 1564 – including President Trump
For the most part, CTIA is happy about the spectrum provisions in the One Big Beautiful Bill Act (OBBBA) that President Trump signed on July 4.
What’s not to like? The OBBBA calls for freeing up 800 megahertz of spectrum for commercial use over the next decade. To kick things off, the FCC on Thursday will vote on a proposal that seeks comments on how to auction at least 100 megahertz — and possibly up to 180 megahertz — of spectrum in the 3.98-4.2 GHz band, aka the upper C-band.
That’s all well and good, but CTIA is raising red flags over a different law winding its way through Washington, D.C.: the annual National Defense Authorization Act (NDAA). According to CTIA, language in the Senate version of the NDAA threatens to undercut the OBBBA. Its concern can be summed up in two words: veto power.
That is, the language contemplated in the Senate’s NDAA gives veto power to military leaders with regard to the 3.1-3.45 GHz and 7.4-8.4 GHz bands — a big departure from the way spectrum policy typically works in Washington, D.C. Traditionally, the National Telecommunications and Information Administration (NTIA) oversees the government’s use of spectrum, working with the FCC, which supervises how commercial wireless spectrum gets allocated.
“In light of the OBBBA’s significant breakthrough in U.S. spectrum policy, we have serious concerns that a provision in the Senate version of the National Defense Authorization Act (NDAA) will undermine the government’s ability to implement the OBBBA’s mandate,” CTIA President and CEO Ajit Pai said in letter sent to lawmakers on Thursday.
CTIA: What’s at stake
The OBBBA prohibits the auction of spectrum between 3.1-3.45 GHz and 7.4-8.4 GHz, two slices of spectrum that CTIA at one point wanted to see allocated for commercial wireless services. Since they’re now off the auction table, why is CTIA so concerned about these bands now?
The answer lies in the wording proposed by senators who want Section 1564 to stay in the NDAA.
Senators Deb Fischer, R-Nebraska, and Mike Rounds, R-South Dakota, say the unique physics of the lower 3 GHz and 7-8 GHz bands enable the U.S. to protect itself from “devastating strategic weapons” and will serve to lay the groundwork for President Trump’s Golden Dome missile defense shield. They argue that the Pentagon’s spectrum supports sensitive radars and sensors that must be safeguarded, full stop.
But their wording goes beyond saying these spectrum bands must stay out of the auction bin. Essentially, CTIA is concerned the Fischer/Rounds language gives the military way too much power over how spectrum is managed – going so far as to take away the government’s authority to, for example, move operations from the lower 7 GHz to the upper portion of the band.
In his letter to Senate and House leaders, CTIA’s Pai argued that the language is unnecessary and consistent with President Trump’s view, “we respectfully request that Section 1564 not be included in the final version of the 2026 NDAA.”
Cruz’s argument against Section 1564
Pai’s definitely got an ally here in Ted Cruz, R-Texas, who spoke out against the Section 1564 language at the NTIA 2025 Spectrum Policy Symposium in September.
Every year, Congress takes up the NDAA, which is “must pass” legislation and a prime target for “legislative shenanigans, and this year has been no exception,” he said.
“Tucked into the Senate’s NDAA is Section 1564, which gives the Joint Chiefs a veto over any modifications to the lower 3 GHz and 7-8 GHz bands. To be clear, this is not consultation or collaboration on spectrum management … No, this is a veto,” Cruz said.
“If this became law, it would be a further upending of the nation’s spectrum policy, jettisoning Senate-confirmed civilian management in favor of marching orders from the defense-industrial complex. What’s more, the language in Section 1564 doesn’t just give the Joint Chiefs a veto over defense-related items; it gives them a veto over any modification in these bands,” Cruz added.
According to Politico, lawmakers are expected deliver a final defense policy bill in the coming weeks, so we’ll soon know where this all shakes out – and how impactful the NDAA will be on well-entrenched spectrum policies.