Sen. Cruz Sounds Alarm on NDAA Amendment That Undermines Spectrum Pipeline

The spectrum pipeline in One Big Beautiful Bill Act balances key national security interests with consumer demands

WASHINGTON, D.C. - Today, U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) delivered remarks at the Spectrum Policy Symposium hosted by the National Telecommunications and Information Administration (NTIA). During his speech, Sen. Cruz emphasized the national security and economic benefits from his spectrum pipeline legislation, which was included in the One Big Beautiful Bill Act (OBBBA). The law frees up 800 megahertz of spectrum for commercial use over the next decade, generating an estimated $85 billion for taxpayers, expanding access to cheaper and faster Internet for consumers, and driving productivity and economic growth.

Sen. Cruz warned against an amendment tucked into the National Defense Authorization Act (NDAA) for Fiscal Year 2026 that would upend the OBBA's new spectrum pipeline by handcuffing Trump administration officials' ability to manage spectrum. The provision, which is opposed by the Trump administration, would give military generals veto power over spectrum allocation decisions traditionally made by Senate-confirmed civilian officials.

Here are Sen. Cruz's remarks as prepared for delivery:

"Good morning and thank you to NTIA for inviting me to speak at this year's Spectrum Policy Symposium.

"I'd like to begin by once again congratulating NTIA's new administrator and my former telecommunications policy lead on the Senate Commerce Committee, Arielle Roth. Arielle, or should I say Administrator Roth, congratulations; it's always great to see you. I'm excited about the future of NTIA under your tenure, and I know that you and your team will do great things.

"I'm very pleased to be here today to talk about spectrum, a topic that has been front of mind for all of us this year. As you know, my spectrum pipeline was signed into law in July as part of President Trump's One Big Beautiful Bill, freeing up 800 megahertz of spectrum for commercial use over the next decade.

"While the pipeline may be only a few pages in a larger bill, its brevity is deceptive. Its inclusion was the result of countless hours of work by me, my team, and administration officials, with many long days and late nights. Throughout, there were critics at every turn saying it was impossible. A compromise on spectrum was too hard and we'd never be able to do it.

"And in fairness, Congress had been trying-unsuccessfully-for years to get any sort of spectrum legislation passed. But this time, with President Trump's leadership and a new Congress, I'm proud to say we got the job done. Arielle was a key player in this historic policy win, and no doubt she has her own war stories to tell.

"Today, I want to start by talking about the oversized impact the spectrum pipeline will have. As Arielle said in her keynote, history shows how transformative it can be when we get spectrum policy right. The technologies and innovations built in prior generations of wireless-3, 4, and 5G-have been incredible, and I don't think it is an overstatement to say, thanks to our spectrum pipeline, this next iteration will have generational impacts.

"Now as part of the 800 MHz pipeline, NTIA is required to identify 500 MHz of government spectrum for future commercial use. Given the fact that the federal government is currently the largest holder of mid-band spectrum, this is a huge win for spectrum efficiency and innovation. Of course, government spectrum holders also stand to win big here, as they too rely on wireless innovations that could only be delivered by private industry.

"Recognizing that reality-that government must work hand-in-hand with America's private innovators-was a major force that helped push the spectrum pipeline across the finish line.

"Within its 10-year span, I predict the spectrum pipeline, and particularly the transition of 500 MHz of spectrum from government to commercial use, will open the door to technologies that seem like science fiction today. We saw a small preview of these innovations at the Committee's spectrum hearing earlier this year.

"There are extraordinary concepts and technologies in development, and the spectrum pipeline puts us on the path to making them a reality. It is now up to you, the fine folks at NTIA, to help lead us down that path, and I know you will make the American people proud.

"In addition to 500 MHz of government spectrum, the pipeline requires that an additional 300 megahertz of other spectrum be identified and auctioned for commercial use. The FCC, with its spectrum auction authority now finally restored, has already begun the process to auction at least 100 megahertz in the upper C-band, with Chairman Carr already engaging with stakeholders in the band, laying the groundwork for the communication and coordination required for a quick, successful auction.

"We all remember the lower C-band auction from a few years ago that raised over 80 billion dollars for the taxpayer, and I am looking forward to seeing the kinds of records set by this next auction. The FCC will auction at least another 200 megahertz in due course.

"Zooming back out, I just want to reiterate what a tremendous achievement securing the spectrum pipeline was and what a boon it will be for years to come. Dedicating 800 megahertz for commercial use will raise billions of dollars for the taxpayer, stimulate billions more in private sector investment, create tens of thousands of high-paying jobs, and lay the foundation for countless technological innovations. These benefits will be felt nationwide, and indeed worldwide, across multiple generations of Americans.

"The pipeline will also be a big boost to America's national security. We are in the midst of a race with communist China on multiple fronts from space exploration to high tech innovation, and if we fail to lead the world in 5G and 6G, it will be Huawei that creates the backbone of tomorrow's global communications networks, not America.

"Downstream of this are critical adjacent industries like artificial intelligence, quantum, and semi-conductors. The spectrum pipeline-the largest in American history-ensures that America does not go down that dark path.

"Finally, I want to close by talking about the work that still needs to be done to implement the law, particularly in defending and preserving what was a hard-won deal.

The final language in the One Big Beautiful Bill Act was the product of tough negotiations that took place over the course of many months. While no one got everything they wanted, we came to a fair agreement that promotes wireless innovation while simultaneously protecting national security. To that end: President Trump signed the pipeline into law on Independence Day. Unfortunately though, not even three months later we saw the usual suspects try and undermine this deal.

"As you know, each year Congress takes up the National Defense Authorization Act-otherwise known as the NDAA. Each year this 'must pass' legislation is a prime target for legislative shenanigans, and this year has been no exception.

"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, which as we saw on the lower 3 GHz previously has its own set of very substantial and very real problems.

"No, this is a veto. 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.

"Practically speaking, this means NTIA would not even be able to move other federal operations to these bands, which it will have to do to clear spectrum for the pipeline, unless first receiving the imprimatur of the sovereigns at the Joint Chiefs.

"And for what? This spectrum- the lower 3 GHz and 7-8 GHz bands-was already carved out for DoD in my pipeline bill. The FCC can't touch it. Now, I'm not a fan of carve-outs; I did not want any spectrum carve-outs. But-give and take…that's how deals get done. And at the time, DoD interests declared that the pipeline protected radar and other Defense systems. But as is so often the case unfortunately, the usual suspects want yet another bite at the apple.

"Not only is this bad policy, it is also bad faith. In negotiations over the spectrum pipeline, we never agreed to give DoD veto power over spectrum auctions or to sideline NTIA as the federal spectrum management authority, nor would we. Fortunately, the White House and President Trump agree. Yesterday, on September 9, the White House released a Statement of Administrative policy unequivocally opposing Section 1564.

"While there is still work to do to remove the language from the bill, I am hopeful that with this clarity and leadership from the Administration we will have a favorable resolution on this issue. It is a reminder to all of us though that we need to be vigilant as the law is implemented.

"I'd encourage all of you who care about this to press your legislators to remove this insidious power grab by the unelected and unaccountable generals in the military-industrial complex.

"I'm excited for what is ahead. The spectrum pipeline and auction authority renewal were huge victories which many folks in this room fought tooth and nail to secure, and we should all be proud of that success. The Golden Age of telecom is just getting started and I can't wait to see what comes next. Thank you."

###