Spectrum Licenses Create Property Rights: USTelecom

WASHINGTON, Oct. 9, 2025 – The Justice Department is arguing to federal judges that spectrum licenses don’t create a property right protected by the U.S. Constitution. A major broadband industry group isn’t happy about that.

“If that were right, any federal agency or actor could unilaterally usurp a wireless provider’s right to use spectrum without triggering the constitutional right to compensation,” USTelecom wrote in a brief filed Monday in the U.S. Court of Appeals for the Federal Circuit. “That theory is breathtakingly broad – and it cannot be right.”

The trade group, which represents major ISPs, mobile carriers, and suppliers, said wireless providers would be less interested in buying spectrum at auction if that were the case.