America’s New Commercial Spectrum Pipeline (Part 1)

Key statutory provisions

The OBBBA:

1. Renews the FCC's spectrum auction authority until September 30, 2034, but excludes from that authority spectrum in the 3.1-3.45 GHz and 7.4-8.4 GHz bands;
2. Requires the FCC to auction licenses for at least 300 megahertz of spectrum by 2034, specifying that the FCC must auction at least 100 megahertz of the 3.98-4.2 GHz band by July 2027;
3. Requires NTIA, in consultation with the FCC, to identify an additional 500 megahertz of federal spectrum between 1.3-10.5 GHz to be reallocated for non-federal or shared use for full-power commercial licensed use cases, taking into consideration the feasibility of reallocation – including net revenue potential and relocation or sharing costs – with the goal of maximizing net auction proceeds for the U.S. Treasury;
4. Requires NTIA to identify at least 200 megahertz for reallocation by July 2027 and the remaining portion of the required 500 megahertz by July 2029;
5. Requires the FCC to auction and grant licenses for at least 200 megahertz of identified spectrum by July 2029 and the remaining portion of the required 500 megahertz by July 2033;
6. Authorizes the President to modify or withdraw on national security grounds any spectrum identified for reallocation up to 60 days before an auction; and
7. Appropriates $50 million to the Department of Commerce to study three specified frequency bands and publish biennial reports on federal spectrum valuations.

Overview of OBBBA Spectrum Targets and Deadlines

Identifying 500 megahertz of federal spectrum for reallocation

OBBBA required NTIA to identify 500 megahertz of federal spectrum that can be reallocated for non-federal or shared use. Spectrum is a finite resource and the federal government currently holds a significant portion, making reallocation necessary to meet growing commercial spectrum needs. In many cases, NTIA and federal users have previously considered options to relocate systems and vacate certain bands or implement sharing regimes. The OBBBA’s 500-megahertz target and 9-year time horizon create new urgency to revisit prior efforts that were unsuccessful.

At the Spectrum Policy Symposium, NTIA Administrator Arielle Roth announced the agency’s initial spectrum targets. The first band, 1.675-1.680 GHz, is already well-vetted by the FCC. Three of the bands flagged by Roth for study were specifically mentioned in OBBBA, and Congress authorized $50 million for NTIA to use in part to conduct spectrum analyses of these bands. In an earlier section of the statute, Congress instructed NTIA on the elements to consider in its reallocation analysis – net revenue potential, relocation or sharing costs, as applicable, and the feasibility of relocating specific frequencies. Congress also clarified the goal of maximizing net proceeds for the U.S. Treasury.

1.675-1.680 GHz

NTIA identified 1.675-1.680 GHz, a portion of the L-band, as the first federal spectrum it will consider for reallocation. The National Oceanic and Atmospheric Administration (NOAA) currently uses this band for transmitting time-sensitive satellite weather data. The FCC initiated a rulemaking proceeding regarding 1.675-1.680 GHz in 2019 based on a 2012 petition from Ligado Networks LLC. In January 2025, the FCC called for stakeholders to refresh the record in that proceeding given NOAA’s completion of a sharing feasibility study. NOAA’s report, filed with the FCC, stated that sharing in the L-band is feasible with certain conditions and described a new NTIA tool to support coordination and avoid harmful interference.

1.680-1.695 GHz

The adjacent spectrum at 1.680-1.695 GHz is also occupied by NOAA. Similar to 1.675-1.680 GHz, NOAA uses this band for weather and environmental data collection, including transmissions from satellites, weather balloons, and other remote platforms. While 1.680-1.695 GHz has not been the subject of an FCC proceeding, the record in the FCC’s Ligado proceeding, including extensive studies by NOAA, may help inform NTIA’s assessment of reallocation opportunities in this band as well.

2.7-2.9 GHz

Globally, the 2.7 GHz band is used primarily for civilian and military radar systems. In the U.S., multiple federal agencies use the 2.7 GHz band to operate radar systems for air traffic control and weather monitoring, including airport surveillance radar systems and a network of Next Generation Weather Radar systems. These radar systems are sensitive to interference from wireless technologies.

The 2015 World Radiocommunication Conference (WRC-15) considered the 2.7 GHz band for a mobile broadband (IMT) identification as part of agenda item 1.1, but the effort did not advance after opponents raised concerns about interference with civilian and military air traffic control radars, as well as meteorological radars in some countries. In its WRC-15 analysis and a 2016 report on spectrum usage, NTIA found widespread usage of the band in the United States by radar systems, concluding that limited opportunities existed for frequency, geographic, or time-based sharing. NTIA also noted the safety-of-life functions supported by these radar systems. New studies may explore whether more recent technological advancements have created new opportunities for sharing.

4.4-4.94 GHz

The 4.4-4.94 GHz band is allocated primarily for federal use in the United States. The Department of Defense and other federal agencies use this band for tactical military communications, point-to-point microwave links, telemetry, and other operations. A feasibility study could assess the options available for consolidating federal systems within the band or relocating them to other frequencies to clear spectrum or enable sharing, as well as the associated relocation costs and potential auction revenue involved.

Global interest exists in allocating this band for commercial mobile service. China, Hong Kong, Japan, and South Korea are all considering or have already assigned spectrum in this range for such use. International Telecommunication Union (ITU) working groups will study 4.4-4.8 GHz for a possible global identification for next generation terrestrial mobile services, including 5G and 6G, as part of WRC-27 agenda item 1.7. While the agenda item focuses on other parts of the world (ITU Regions 1 and 3), we may learn more about the possibilities and challenges associated with a mobile broadband identification in this band from working groups and international consultations regarding this agenda item.

7.125-7.4 GHz

The 7.125-7.4 GHz band is part of the broader 7/8 GHz band (7.125-8.4 GHz), which in the United States is characterized by the presence of mission-critical incumbent operators across a wide range of services, including Fixed, Fixed Satellite, Mobile, Mobile Satellite, Space Research, Earth Exploration Satellite, and Meteorological Satellite service. In the 7.125-7.4 GHz band, the use cases include military satellite communications systems that provide reliable communications for command and control, crisis management, intelligence, early warning detection, and diplomatic communications. Federal agencies and the U.S. military use this band for fixed point-to-point microwave communications systems to support national and military test range communications, as well as radar and video transmission for weather tracking, harbor vessel traffic control, hydroelectric grid power management, and long-range aeronautical radionavigation radars for air traffic control.

Global interest exists in using the 7/8 GHz band for commercial mobile services as well. WRC-27 agenda item 1.7 proposes a mobile identification in all or part of the 7/8 GHz band in ITU Region 2 (which includes the United States) and Region 3. Efforts by the FCC, NTIA, and other federal agencies to develop the U.S. position and consult with other nations on this agenda item may provide early insights into the possibilities and challenges associated with a commercial mobile identification in this band.

FCC Actions on the Upper C-band

Congress prioritized the Upper C-band (3.98–4.2 GHz) in the OBBBA, calling on the FCC to complete an auction for at least 100 megahertz of Upper C-band spectrum by July 4, 2027. The Upper C-band is primarily used to deliver TV and radio broadcast programming, as well as to provide telephone, data, and satellite communication services to various enterprises. The adjacent 4.2–4.4 GHz range is allocated for Federal and non-Federal Aeronautical Radionavigation Services, such as radio altimeters, and supports wireless avionics intra-communication systems. Following the auction of the adjacent “Lower C-band” in 2021 (3.7-3.98 GHz), concerns about harmful interference to radio altimeters delayed mobile carriers’ efforts to deploy the spectrum near airports. Commercial mobile service deployment in the Upper C-band raises similar issues.

FCC Chairman Brendan Carr also signaled early interest in this spectrum. The FCC adopted a Notice of Inquiry (NOI) in February 2025 seeking comment on “whether, and if so, how to introduce new operations in the Upper C-band.” The formal comment period established in the NOI closed in May 2025, and stakeholders await further FCC action. The FCC’s Office of Economics and Analytics (OEA) recently issued its annual auction estimate for fiscal year 2026, stating that OEA does not anticipate that bidding in the Upper C-band auction will begin during the fiscal year ending September 30, 2026.

At the NTIA symposium, Arpan Sura, Senior Counsel to FCC Chairman Carr, confirmed that the FCC is “laser-focused” on the Upper C-band, saying it is “our first, our best, and potentially our only shot to get a large amount of mid-band into the market by the end of this administration.” He noted that the statutory timeline puts the FCC “under the gun” and that conducting a rulemaking and an auction within the two-year time frame will require “lock step” coordination with the Federal Aviation Administration (FAA). Liam McKenna, Chief Counsel at FAA, said that his agency is also “laser-focused” on the Upper C-band and noted that coordination conversations between industry, air carriers, altimeter manufacturers, and within government are already underway because this is a top priority for the Trump Administration. Both Sura and McKenna emphasized the importance of coordination, and Sura highlighted the value of lessons learned from the first C-band proceeding and ensuing efforts to deploy commercial mobile networks in the band.

What’s Next

The NTIA and the FCC statements at the Spectrum Policy Symposium are the first indications we have about their plans to meet the OBBBA’s ambitious timeline. As each agency begins to tackle its OBBBA remit, it will be important for stakeholders to:

1. Stay abreast of spectrum proceedings: The volume of activity as the FCC and NTIA consider multiple spectrum bands concurrently will place a premium on (a) careful timeline tracking for important deadlines, and (b) regular monitoring of policy positions in the record.
2. Evaluate your spectrum posture: Understanding spectrum needs and spectrum policy concerns will help you develop a viable government advocacy strategy.
3. Engage early: Agency rulemaking proceedings provide stakeholders with a good opportunity to contribute to the record and help regulators make informed decisions.

Part 2 in this series will address the non-federal spectrum the FCC may consider for auction to meet the OBBBA’s 800-megahertz target.

Authored by Ambia Harper, Ryan Thompson, Ari Fitzgerald, Michele Farquhar, and George John.