Congress Should Strike Section 1564 to Keep America’s Spectrum Policy Balanced and Future-Focused

Congress Should Strike Section 1564 to Keep America’s Spectrum Policy Balanced and Future-Focused

Oct 22, 2025

When Congress passed the One Big Beautiful Bill (OBBBA) earlier this year, it required the Federal Communications Commission to auction at least 800 megahertz of spectrum, generating an estimated $85 billion in revenue for the U.S. Treasury. The legislation represented a careful compromise between civilian and defense priorities, reaffirming that American leadership in wireless technology depends on both national security and economic vitality.

That balance is now at risk. The Fiscal Year 2026 National Defense Authorization Act (NDAA) includes language, introduced by Senator Deb Fischer, that would prevent modification of frequencies between 3100 and 3450 megahertz and between 7400 and 8400 megahertz unless both the Secretary and the Chairman of the Joint Chiefs of Staff jointly certify the change. According to the Administration’s Statement of Policy, the provision “would hinder the President’s executive authority” by inserting unnecessary restrictions on civilian spectrum management. The statement identifies Section 1564 of the NDAA as a constitutional concern that could disrupt the structure established under the OBBBA.

The OBBBA already required coordination with the defense community while vesting authority in the Federal Communications Commission and the National Telecommunications and Information Administration, the agencies charged with weighing technical feasibility and public benefit. Shifting final decision-making power to the Department of War would reverse that framework and risk delaying the release of spectrum needed to expand wireless capacity, improve broadband access, and maintain U.S. leadership in 5G and 6G development.

Why This Matters to a Generation Living the Digital Future

For Gen-Z, spectrum is not an abstract policy issue. It is the invisible infrastructure that determines how communities connect to opportunity, whether small businesses can compete online, and whether the next wave of artificial intelligence and clean technology tools can be built in the United States. When spectrum sits unused, innovation and access stagnate.

Restricting auctions or requiring additional layers of approval could slow progress across industries that rely on high-speed connectivity, from telehealth and smart grids to education and workforce development. The OBBBA achieved a balance that protected defense priorities while unlocking growth; undoing that progress would set back both innovation and security.

Economic Stakes and Strategic Leadership

Spectrum auctions are a proven driver of economic growth. Americans’ use of wireless data is skyrocketing. Last year marked the single largest increase in U.S. wireless use on record, continuing a pattern of roughly 35 percent annual growth in recent years. Keeping valuable public assets like spectrum sitting idle on the government’s shelf would be a costly mistake. These frequencies should be made available to meet consumer demand and allow the private sector to innovate, invest, and expand connectivity for all. The revenue projected under the OBBBA is not only an important source of federal income; it is a direct investment in infrastructure and job creation. If the new NDAA provision remains, it could halt future auctions and undermine these gains.

The Administration’s position affirms that spectrum decisions are best managed through the existing FCC-NTIA partnership. A partnership coordinated with, but not subordinate to, defense agencies. This framework ensures technical coordination, preserves executive authority, and keeps the United States competitive in the global telecommunications landscape.

A Call to Realign, Not Retreat

Congress should strike Section 1564 from the NDAA and restore the OBBBA’s collaborative model. Effective spectrum management requires both security insight and technical foresight, not overlapping authorities that slow decision-making or concentrate control in one department.

This is not about partisanship or institutional rivalry. It is about protecting a policy structure that works because it balances the needs of security and innovation while keeping the United States at the forefront of technological progress.

Our Generation’s View

At ZETA, we represent a generation that will live with the outcomes of today’s policy decisions. We see spectrum as a foundation for digital equity, economic mobility, and civic participation. Gen-Z entrepreneurs, engineers, and creators are ready to build the next era of technology, but they need a policy environment that fosters collaboration rather than competition among federal entities.

Keeping that promise means ensuring that progress in connectivity continues to serve both the public and the national interest. America’s leadership in 5G and beyond depends on it.