WASHINGTON — The Trump administration has come out in opposition to a provision in the Senate’s draft version of the fiscal 2026 defense policy bill regarding Pentagon control over a portion of the electromagnetic spectrum, according to a White House document obtained by Breaking Defense.
The move has reignited the long-running war on Capitol Hill between those championing expanding spectrum access for the commercial telecommunications industry and those wishing to protect DoD allocations.
“The Administration opposes section 1564, which prohibits the modification of the electromagnetic spectrum between 3,100 and 3,450 megahertz and between 7,400 and 8,400 megahertz unless the Secretary and the Chairman of the Joint Chiefs of Staff jointly certify. The certification would hinder the President’s executive authority,” the White House said in its “Statement of Administration Policy” for the Senate version of FY26 National Defense Authorization Act.
Those bands are used by the military services for radar tracking and missile defense, satellite communications and space-based intelligence, surveillance, and reconnaissance.
The White House statement, dated Sept. 9 and obtained by Breaking Defense, was sent to senators on Tuesday and details a laundry list of concerns in the proposed bill. The bill and a package of amendments are currently being debated.
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Sec. 1564 would amend US Code Title 10 that lays out the legal framework for the Armed Forces “to limit the Secretary of Defense’s authority to modify certain electromagnetic spectrum relied on by the Department of Defense (DOD) until September 30, 2034, or when dynamic spectrum sharing is certified as fully operational.” It would prohibit any “modification to DoD systems operating between 3100- 3450 megahertz and 7400-8400 megahertz unless the Secretary and the Chairman of the Joint Chiefs of Staff jointly certify to Congress that such modification would not result in a loss of capability.”
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Sen. Ted Cruz, R-Texas, who chairs the Commerce, Science and Transportation Committee, today asserted that the language would give the Joint Chiefs of Staff “a veto” over “Senate-confirmed civilian management” of the spectrum bands in question.
“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,” he told the National Telecommunications and Information Administration’s (NTIA) annual Spectrum Policy Symposium.
The NTIA manages the use of spectrum by US government agencies including DoD. The Federal Communications Commission (FCC) is charged with giving spectrum rights to commercial telecommunications firms. The two agencies are supposed to work together to create a coherent spectrum management framework for the United States.
Cruz further accused SASC members backing the provision of reneging on the deal cut in debate on President Donald Trump’s “One Big Beautiful Bill” budget reconciliation. Trump signed the legislation on July 4.
“As so often the case, unfortunately, the usual suspects want yet another bite of the apple. Not only is this bad policy, it is bad faith in negotiations over spectrum pipeline,” he said, urging his Senate colleagues not to “oppose President Trump on this.”
Sen. Deb Fischer, R-Neb., one of the key sponsors of the provision, told the Senate Tuesday in a floor statement that the proposed NDAA language “safeguards critical defense spectrum” that comprise “the backbone of America’s missile defense and intelligence systems” — echoing arguments she and Sen. Mike Rounds, R-S.D., have made in the pages of Breaking Defense.
Further, she asserted that Congress “should not be allowing federal agencies to sell critical communications channels needed to carry out the Trump administration’s priorities, including the Golden Dome missile defense shield.”
In a statement provided today to Breaking Defense, Fischer pushed back against Cruz’s assertion that Sec. 1564 is contrary to the deal made in the reconciliation bill.
“My NDAA language empowers the Secretary of Defense and Chairman of the Joint Chiefs to make spectrum decisions that protect the capabilities of our amazing military. It’s consistent with previous NDAAs and the spectrum language secured in reconciliation,” she said.
According to media reports, the Senate is pushing to wrap up voting on the NDAA this week.