Explainer: Competing House and Senate Wireless Spectrum Provisions in the Budget Act Could Affect Tribal Broadband Access

Congress is actively working to finalize this year’s federal budget bill, referred to as the One Big Beautiful Bill Act (the Act). The Act reflects the Trump Administration’s budget and policy priorities for Fiscal Year 2025, including many related to wireless spectrum. 

The Federal Communications Commission (FCC) manages wireless spectrum use in the U.S. through a system of both unlicensed and licensed spectrum. When the FCC designates a specific spectrum band or frequency for licensed use, it generally distributes licenses to operate within that frequency through competitive auctions where licenses are awarded to the highest bidder. However, the FCC may not administer a wireless spectrum auction unless authorized by Congress. The FCC’s spectrum authority most recently expired in 2023.

The House of Representatives passed its version of the One Big Beautiful Bill Act on May 22, 2025. Section 43101 of the House’s version includes a provision that would reauthorize the FCC’s spectrum auction authority as seen in the Congressional Research Service white paper Proposed Spectrum Provisions in the House Reconciliation Bill (H.R. 1). It also directs the National Telecommunications and Information Administration (NTIA) to identify 600 MHz of valuable mid-band spectrum, located between the 1.3 and 10 GHz bands, for auction. Importantly, the House version of the Act exempts certain spectrum frequencies from the auction requirement, including those used by the military, like the 3.1 GHz, 3.45 GHz, 7.4 GHz, and 8.4 GHz bands, unlicensed frequencies, like those utilized for Wi-Fi services, and others like the Citizens Broadband Radio Service (CBRS) in the 3.5 GHz to 3.7 GHz bands.

The Senate is finalizing its version of the Act before the full chamber votes on it. The wireless spectrum-related language proposed in its version shares some similarities with the House version, including the reauthorization of the FCC’s spectrum auction authority. However, several provisions differ from the House version. First, the Senate language increases the amount of mid-band spectrum the NTIA would be required to identify for auction purposes from 600 MHz to 800 MHz. 

Second, while the House version exempts certain frequencies utilized by the Department of Defense and Wi-Fi devices from the auction mandate, the Senate version does not protect unlicensed Wi-Fi bands. Frequencies such as the CBRS and the 5.925-7.125 GHz bands currently used for Wi-Fi services would be available for auction under the Senate version. Lastly, while the FCC is generally required to administer spectrum licenses consistent with “the public interest, convenience, and necessity,” the Senate version of the Act instead directs the FCC to proceed with an auction “to maximize net proceeds from spectrum auctions” and to “ensure the most efficient use of spectrum.”

The Senate version’s more restrictive language may impose harsher conditions on economies and users of the CBRS band and other bands than the House version. Senate leadership aims to hold a chamber-wide vote on its version of the bill before the July 4th holiday. 

Interests at Stake 

In 2015, the FCC took landmark steps to introduce the innovative CBRS band. It created a system that allowed new users, both licensed and unlicensed, to share the spectrum with entities already operating within CBRS frequencies. Then, in 2020, the FCC adopted additional new rules to free up more unlicensed spectrum for Wi-Fi use in the 6 GHz band. These actions sparked a wave of innovation in the private sector, attracted billions of dollars in investment, led to the creation of new industries, boosted domestic hardware manufacturing, and helped make mobile connectivity more competitive and affordable for Americans.

The CBRS specifically has introduced a framework that allows commercial 5G users to dynamically share spectrum with critical government and military systems. This framework serves and benefits various users, including the U.S. Military, licensed operators, and general users, such as many federally recognized Tribal Nations and tribally owned entities. 

Feedback from Tribal Nations 

Like other entities utilizing the CBRS and other unlicensed spectrum to provide Wi-Fi connectivity, Tribal Nations have expressed concerns regarding the Senate’s proposal to auction off valuable spectrum within the CBRS and other unlicensed bands. Entities without the economic resources to compete in spectrum auctions, including some Tribal Nations, face a financial disadvantage compared to other well-resourced service providers. Subjecting the CBRS band and other currently unlicensed frequencies to an auction requirement would likely interfere with ongoing efforts by some Tribal Nations who rely on those frequencies to provide service to Tribal members. 

Chairman Verlon M. Jose of the Tohono O’odham Nation recently urged the Senate Commerce Committee to prioritize the “protection of existing users of the Citizen Broadband Radio Service (CBRS), including the Tohono O’odham Nation, as decisions are made regarding funding for the current budget bill.” Trace Fiber Networks, a Tribally-owned service provider in Chickasaw Nation territory, also utilizes the CBRS band to provide connectivity to the community, including Tribal member homes and Tribal government offices. Trace Fiber Networks’ president, Josh Snow, expressed concerns about a possible reduction in CBRS availability, noting that CBRS access is an essential piece to the organization’s broadband deployment strategy.

Tribal Nations have also questioned the absence of language in the Senate’s version directing the FCC to administer future spectrum auctions in a manner consistent with the public interest. The FCC’s authority to manage wireless spectrum access in the U.S. originates in the Communications Act of 1934 (Communications Act). When contemplating a new policy, rule, or action, the Communications Act directs the FCC to consider whether that action is consistent with the “public interest, convenience, and necessity.” The FCC previously cited that directive when it adopted the 2.5 GHz Rural Tribal Priority Window in 2019, explaining that granting Tribes priority access to unlicensed spectrum in the 2.5 GHz band was both essential to bridging the connectivity gap in Tribal communities and consistent with the public interest. 

The National Congress of American Indians (NCAI) and other allied organizations recently submitted comments to the FCC endorsing a Tribal priority window for other spectrum bands the FCC may open up for use in the future. NCAI explained that the 350 Tribal Nations who received licenses in the 2.5 GHz Tribal priority window underscored its success and potential to be replicated in other spectrum bands. It also noted that prioritizing Tribal access to future spectrum bands is both consistent with the FCC’s goal of expanding rural broadband access and with fulfilling its trust obligation to Tribal Nations. However, some organizations, including those within the wireless industry, oppose giving Tribes priority access to unlicensed spectrum over Tribal lands on the basis that more Tribal priority windows would reduce the number of licenses available at auction and, as a result, reduce future auction proceeds. Tribal Nations note that the Senate bill’s directive that the FCC conduct future spectrum auctions “to maximize net proceeds” favors the position of Tribal priority window opponents and may reduce the likelihood of future Tribal priority windows.

Future Considerations 

Access to spectrum, such as the CBRS and other unlicensed frequencies, supplements current connectivity, enabling Tribal Nations to take an active role in providing more robust and further-reaching broadband access to unserved and underserved communities. Tribal Nations are utilizing the CBRS Band to supplement 2.5 GHz and bridge the digital divide in extremely remote rural reservation areas. Enhanced connectivity in Tribal communities supports economic development efforts, healthcare services, education, workforce development opportunities, and cultural preservation. Reducing the amount of spectrum available to Tribal Nations will hinder the recent progress made in each of these areas and interrupt ongoing efforts to bridge the technology gap and digital divide that disproportionately impacts Tribal lands. Tribal Nations are exercising digital sovereignty over their spectrum resources, and uninterrupted access to spectrum is integral to their continued success–this is part of Tribal self-determination.

Tohono O'odham Nation CBRS Letter