On December 31, 2024, the FCC issued a Report and Order (Third R&O) formally allocating additional spectrum for commercial space launch applications, fulfilling a provision of the Launch Communications Act (LCA) of 2024. The LCA, which President Biden signed on September 26, 2024, directed the FCC to make the 2025–2110 MHz, 2200–2290 MHz, and 2360–2395 MHz bands (LCA Bands) available for use in commercial launches and reentries, and to finalize such allocations within 90 days of enactment of the bill. In a statement on December 19, 2024, FCC Chairwoman Rosenworcel stated that the new rules are intended to “build upon Commission action in 2023 that will enable companies to conduct launch activities without needing to request temporary authority from the FCC for each space launch,” making the commercial space launch process more predictable.
The FCC states that the rule changes, which are part of the agency’s new Space Innovation agenda, allocating new spectrum in the 2360–2395 MHz band generally are intended to satisfy the Congressional mandate of the LCA, provide regulatory certainty to licensees, minimize administrative burdens by leveraging efficiencies of scale and scope that will spur innovation, investment, and rapid deployment of space launch operations, and protect incumbents from harmful interference.
The LCA bands are subject to a new licensing framework for launch communications, codified at Part 26 of the FCC’s rules. Under the new Part 26 framework, it is no longer necessary to apply for special temporary authority for each launch. The FCC has already allocated two of the LCA bands for use in launches and reentries on a secondary basis. In April 2021, the FCC allocated four sub-channels within the 2200-2290 MHz band for Space Operation on a secondary basis and permitted non-federal use. In September 2023, the FCC allocated the 2025-2110 MHz band for ground-to-launch vehicle telecommand uses necessary to support space launch operations and made the band available for non-Federal space operations on a secondary basis. The rules also made the entire 2200-2290 MHz band available for launch telemetry and added a non-Federal secondary mobile allocation to the band.
The Third R&O modifies the rules announced in September 2023 to satisfy the LCA’s directive by amending the Part 26 licensing and technical rules to incorporate the 2360-2395 MHz band, which currently is used on a primary basis for aeronautical mobile telemetry operations for aircraft and missile flight testing. Portions of the band are currently used for both Federal and non-federal telemetry and telecommand operations of launch vehicles. Both federal and non-federal space launch operations may utilize these frequencies on a co-primary basis under the existing Mobile allocation. The new rules adopt a non-Federal secondary allocation for Space Operation for use in vehicle uplinks and downlinks.
Under the FCC’s current licensing framework, each entity seeking authorization for space launch operations must pre-coordinate its technical and operational parameters prior to submitting a new or modification application. The new framework utilizes a “post-grant, per-launch coordination process that provides the licensee, after it receives the license, the opportunity and flexibility to register specific areas of operation (site location, launch vehicle, in-flight trajectories, power levels, etc.) for each individual launch event.” The new framework aims to address more fully the “complicated logistics surrounding space launch operations, including multi-factored variability of launch elements that are beyond the licensee’s control, as well as changes in the operational environment on and around federal ranges and other sites that are likely to occur over time.” An eligible entity seeking to conduct space launch operations may apply for a nationwide, non-exclusive license to operate in any of the LCA bands. Space Operations in the band are subject to coordination prior to each launch.
The Third R&O states that it does not address several issues raised in the Second Further Notice of Proposed Rule Making, including:
- specifics related to use of spectrum by crewed and uncrewed spacecraft during space missions;
- additional allocations and licensing needs for ISS-related space-to-space communications;
- spectrum allocation and licensing needs related to suborbital spaceflight; and
- the use of the 1435–1525 MHz band for space launch operations.
These issues are subject to possible future FCC action. Looking ahead, the LCA directs the FCC to issue new regulations to streamline the process of granting access to the designated bands for commercial space launch operations within 180 days of the LCA’s enactment, or March 25, 2025. Such new regulations must provide a more streamlined process for:
- authorizing multiple uses of the frequencies for multiple launches from one or more private and federal launch and reentry sites;
- the electronic filing and processing of applications authorizing space launch operations; and
- improving inter-agency coordination to increase the speed of review of the applications, including coordination to increase automation.