Chairman Brendan Carr of the Federal Communications Commission (FCC) recently declared October 2025 as ‘Space Month’ at the FCC.  As part of the FCC’s Build America Agenda, the FCC is scheduled to vote on two proposals aimed at modernizing the agency’s regulatory framework for space innovation in the country.  These proposals represent another step in the FCC’s effort to modernize and streamline satellite and earth station licensing processes after adopting new rules at the August Open Meeting.

Modernizing Space Licensing Rulemaking

In a Notice of Proposed Rulemaking (NPRM), the FCC proposes a number of reforms to modernize the FCC’s licensing processes to adapt them to the scale and dynamism of today’s space economy.  With this NPRM, the FCC has four main goals: “(1) to increase license processing speed, (2) to provide more predictability to applicants and licensees, (3) to provide more flexibility for innovation and for licensees’ operations, and (4) to faithfully meet [the FCC’s] responsibilities.”

To accomplish these goals the FCC will consider various proposals to streamline the space licensing process by simplifying licensing applications, establishing clear timelines and processing round procedures, shortening public notice periods, and enhancing flexibility for licensed operations.

Key reforms proposed include:

• Replacing Part 25 of the FCC’s Rule: The NPRM proposes to replace the entire existing Part 25 of the FCC’s rules (which governs satellite services) with a new, modernized Part 100. The FCC’s goal is to delete outdated or unnecessary rules and create a more organized and improved framework for applicants and industry stakeholders.

• Expedited “Licensing Assembly Line”:  The NPRM proposes creating an expedited licensing framework based on clear, bright-line criteria.  Applications that meet these standards would be presumed to be in the public interest, significantly accelerating the review process.

• Extended License Terms and Simplified Modifications:  The NPRM seeks comment on extending the license terms for most space stations and earth stations to 20 years, up from the current fifteen-year term (six- year term for satellites licensed under small satellite and small spacecraft rules), to provide greater regulatory certainty for long-term investment.  The NPRM also proposes to expand the list of modifications that applicants can make to their systems without needing prior FCC approval, allowing operators to deploy system upgrades and changes much faster.  These modifications reduce reliance on Special Temporary Authority (STA), allowing operators greater flexibility to efficiently test and adjust systems.

• Blanket License for Earth Stations:  The current rules require applicants to identify specific geographic areas for the license, and with the burgeoning ground-station-as-a-service model (“GSaaS”), the NPRM seeks information on alternative approaches and proposes to shift to a predominantly nationwide blanket license approach for earth stations.  This would allow earth stations to obtain a “baseline license” without first identifying a specific satellite point of communication, solving a major hurdle for this emerging business model. Once a baseline license is secured, adding or removing specific satellite points of communication would be done via a simple, quick notification process instead of a lengthy license modification application.

• Financial and Administrative Streamlining: The NPRM also includes various proposals to improve financial and administrative streamlining.  The NPRM specifically proposes to eliminate the surety bond requirements for new Geostationary Orbit (GSO) and limit the requirement for certain Non-Geostationary Orbit (NGSO) space stations to licensees with 200 or more authorized satellites in one system.  The rules currently require applicants to post collateral to ensure timely construction and launch.

The NPRM also proposes to allow for certain conditional grants in situations where flexibility will fit better with the applicant’s planning and design process.  Specifically, the Notice proposes four types of conditional grants: 1) expedited processing grants that allow eligible applicants to begin operations prior to a license being issued on “an unprotected, non-interference basis”; 2) orbital debris deferral grants that enable design process flexibility by postponing the submission of orbital debris mitigation plans; 3) commercial coordination grants for operations in the frequency bands or portions of the frequency bands that are not subject to coordination with other commercial operators; and 4) federal coordination grants allowing operations in federally managed bands contingent upon demonstrating completed coordination.

The NPRM also includes a proposal to require space station operators to share Space Situational Awareness (SSA) data to improve the safety and security of the orbital environment.

Facilitating More Intensive Use for Upper Microwave Spectrum Rulemaking

The FCC also will consider a Notice of Proposed Rulemaking to facilitate more robust use of spectrum in the 24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz bands (together, the “upper microwave spectrum” or “UMFUS”) which are commonly used for earth stations. These bands are shared between the terrestrial UMFUS and the Fixed-Satellite Service (FSS) pursuant to section 25.136 of the FCC’s rules which govern the licensing and technical requirements for earth stations operating in spectrum bands shared with UMFUS.  This NPRM sets out a range of reforms to section 25.136 of the FCC’s rules to streamline the earth station licensing process and revisit the siting rules that govern where earth stations can be located in the U.S., all with the goal of using the UMFUS bands more intensely.

The existing rules were established in the 2016 Spectrum Frontiers Report and Order based on the assumption of intensive terrestrial 5G use and relatively light satellite use.  The rapid growth of 5G and the space economy has changed this dynamic, and the FCC is reevaluating these rules to ensure more intensive use by both UMFUS and FSS users.  Specifically, the NPRM seeks comment on whether the current technical rules and protection criteria in Section 25.136 of the FCC’s rules are still appropriate for ensuring efficient sharing between terrestrial UMFUS and satellite FSS operations.

• Streamlining Licensing and Coordination:  In the NPRM, the FCC specifically seeks comment on allowing UMFUS licensees to voluntarily negotiate with FSS operators to permit operations in the relevant shared bands without providing interference protection to UMFUS operations.  Under this approach, an FSS operator would be able to file applications for new earth stations in the geographic area(s) covered by the agreement, and receive grants without having to satisfy the UMFUS Protection Criteria contained in section 25.136, which are conditions the FCC “designed to provide FSS licensees with substantial opportunities to expand their limited use of the [spectrum] to deploy earth stations that do not have to protect terrestrial services, while minimizing the impact on terrestrial operations.” Additionally, the NPRM asks a number of questions about making the earth station application process less burdensome by reducing initial showings required by applicants and adopting “safe harbor” or de minimis exceptions regarding certain protection criteria.
• Proposing Revisions to Criteria in Section 25.136:  The NPRM also seeks comment on changes and alternatives to the existing UMFUS protection criteria.  These changes include broadening the definition of “earth stations collocation” to allow UMFUS operations to be closer to FSS receivers, increasing or eliminating numerical limitations on earth stations per county or Partial Economic Area (PEA), and considering alternatives to the “first-in-time” rules which currently prioritize the first user licensed in an area. The NPRM also seeks comment on whether the current minimum separation distances and other technical parameters are still necessary or should be relaxed to facilitate denser deployment of both terrestrial and satellite earth stations.  Additionally, the FCC is exploring a database-driven automated interference model that would allow for more dynamic and granular spectrum management between UMFUS and FSS operations, potentially maximizing use by both services in different areas, rather than relying on blanket rules.  This model would involve appointing one or more third parties to oversee UMFUS-FSS coordination and shift to a model where earth station and terrestrial links or base stations are registered under their licenses.

The FCC is scheduled to hold an open meeting on October 28, 2025, to vote on the proposed items. The full agenda, including draft items, is available here.