FCC Chairman Brendan Carr recently previewed a new Commission initiative aimed at bringing “spectrum abundance” to what he described as “weird space stuff,” a category encompassing emerging space operations such as orbital laboratories, satellite repairs, and private inhabitable spacecraft. The proposal would initiate a formal rulemaking later this month to examine how the FCC’s spectrum framework can better support these next‑generation missions.

If adopted at the FCC’s March 26, 2026 open meeting, the Notice of Proposed Rulemaking (NPRM) would focus on ensuring reliable access to spectrum for telemetry, tracking, and command (TT&C) functions used by spacecraft that are not communications satellites, but which depend on secure radio links for basic control and safety operations. Chairman Carr emphasized that predictable spectrum access is critical for these activities and for maintaining U.S. leadership in a competitive global space economy.

According to the NPRM, American innovators currently face an “acute shortage” of readily accessible TT&C spectrum, a constraint that could delay the deployment of new space technologies. The NPRM would explore ways to provide greater regulatory clarity for these “emergent space activities,” including by revisiting how existing FCC rules classify and authorize space operations so that emergent operations have more predictable spectrum access.

In addition, the NPRM would examine whether more flexible approaches could help alleviate near‑term spectrum constraints. Among the concepts flagged for comment is the possibility of allowing emergent spacecraft to “piggyback” on authorized spectrum access—permitting a spacecraft to operate in a band it would not otherwise be eligible to use when operating in coordination with a spacecraft already authorized in that band. The Commission appears interested in whether such arrangements could leverage existing allocations more efficiently while longer‑term solutions are developed.

The proposal builds on the FCC’s broader effort to modernize its space communications framework, including recent proceedings to make additional spectrum available for next‑generation connectivity services and a comprehensive review of licensing and regulatory requirements for space operations. The proposal has been circulated for tentative consideration by the Commission at its March 26, 2026 open meeting.

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Photo of Gerard J. Waldron Gerard J. Waldron

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the…

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the senior counsel on the House Subcommittee on Telecommunications. During his work for Congress, he was deeply involved in the drafting of the 1993 Spectrum Auction legislation, the 1992 Cable Act, the Telephone Consumer Protection Act (TCPA), CALEA, and key provisions that became part of the 1996 Telecommunications Act.

Gerry’s practice includes working closely on strategic and regulatory issues with leading IT companies, high-quality content providers in the broadcasting and sports industries, telephone and cable companies on FCC proceedings, spectrum entrepreneurs, purchasers of telecommunications services, and companies across an array of industries facing privacy, TCPA and online content, gaming, and online gambling and sports betting-related issues.

Gerry has testified on communications and Internet issues before the FCC, U.S. House of Representatives Energy & Commerce Committee, the House Judiciary Committee, the Maryland Public Utility Commission, and the Nevada Gaming Commission.

Photo of Rosie Moss Rosie Moss

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology…

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology regulatory issues, including emerging artificial intelligence compliance matters. She assists clients in complying with federal and state privacy laws and Federal Communications Commission (FCC) regulations. Rosie also maintains an active pro bono practice.