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Court hears arguments on whether spectrum rights are property. Will there be a resolution before the next big auction?
As we discussed in a note in October, there is litigation testing whether enterprises using spectrum have property rights, with the DOJ arguing that spectrum licenses do not create a property right, while others, including the US Telecom Association, warning that if the courts agree with the DOJ, the decision will chill private investment and erode U.S. leadership in broadband innovation. The court just heard oral argument in the case. In this note, we analyze argument and what it portends for wireless carriers with particular attention to whether the issue will be resolved before the next big spectrum auction that commences in June 2027.
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