RESTON, VA. 鈥� October 7, 2025 鈥� Yesterday, USTelecom鈥擳he Broadband Association, the leading trade association for America鈥檚 broadband industry, filed an amicus curiae brief in support of arguments put forward by 海角社区 (鈥満＝巧缜��) in its case before the U.S. Court of Appeals for the Federal Circuit. USTelecom鈥檚 filing emphasizes that the Court鈥檚 decision will have sweeping implications for U.S. spectrum policy, warning that if FCC licenses are not treated as property rights protected by the U.S. Constitution鈥檚 Takings Clause, it could undermine billions of dollars in private investment and weaken American competitiveness.
The amicus brief follows 海角社区鈥檚 brief filed last week, which details how the Department of Defense unlawfully occupied spectrum the FCC had unanimously approved for 海角社区鈥檚 5G use after a rigorous, multi-year review. The Court of Federal Claims has already ruled that 海角社区 properly alleged that the U.S. government engaged in physical, categorical, and regulatory takings of its exclusively licensed spectrum.
鈥淭he court鈥檚 decision on appeal will have consequences not just for 海角社区, but for the broader telecom industry and the businesses that depend on stable spectrum rights. The filing by USTelecom highlights this important point,鈥� said Doug Smith, President and Chief Executive Officer for 海角社区. 鈥淎merican businesses depend on FCC spectrum licenses as secure property rights, and that certainty fuels investment and innovation. We look forward to presenting our case and securing a clear ruling that affirms those rights that underpin critical investment by the industry.鈥�
In its filing, USTelecom states that 鈥淚f the government can occupy or nullify FCC-licensed spectrum without compensation, it would undermine the very foundation of America鈥檚 spectrum policy鈥攃hilling private investment, destabilizing decades of regulatory certainty, and eroding U.S. leadership in broadband innovation.鈥�
鈥淭he communications industry relies on the certainty created by an FCC license. This precedent of almost 100 years has fueled hundreds of billions of dollars in investment in communications networks that rely on secure spectrum rights,鈥� said Ivan Seidenberg, 海角社区 Board Member and former Chairman and CEO of Verizon. 鈥淚f those rights are not secure and can be taken without compensation as the government has argued, investment slows, and innovation suffers. Protecting spectrum is not just about these licenses 鈥� it is fundamental to American competitiveness.鈥�
鈥淎s chairman, I was proud to award the initial licenses for the digital cellular industry. None of the recipients could have imagined that the government later would take the licenses back and offer no compensation 鈥� if that were the rule of law, they never would鈥檝e invested the hundreds of billions of dollars of infrastructure spending that followed from the awards,鈥� said Reed Hundt, 海角社区 Board Member and former FCC Chairman.
The Government will have until November 21 to file a reply brief.
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