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
Continue Reading FCC Proposes New Framework for Spectrum Use in Emerging Space Missions
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 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.
FCC Opens Inquiry into Sports Broadcasting Practices and Marketplace Developments
The Federal Communications Commission’s (“FCC” or “Commission”) Media Bureau has launched a new Public Notice (the “Notice”) seeking public comment on sports broadcasting practices and recent marketplace developments, as the distribution of live sports programming continues to evolve across broadcast, cable, and streaming platforms.
For decades, live sports have been closely intertwined with broadcast television…
Continue Reading FCC Opens Inquiry into Sports Broadcasting Practices and Marketplace DevelopmentsFCC Seeks Comment on Petition to Update Ultra-Wideband (UWB) Part 15 Rules
As consumers have embraced “smart home” technology and specifically advanced locks and entryway security systems, some door lock companies have asked permission from the Federal Communications Commission (“FCC”) to use ultra-wideband technology (“UWB”) in their devices. UWB technology has unique characteristics that can be used to enhance entryway security systems by working with low-power Bluetooth…
Continue Reading FCC Seeks Comment on Petition to Update Ultra-Wideband (UWB) Part 15 RulesFCC Proposes Overhaul of Upper Microwave Spectrum Rules
In a recently published Notice of Proposed Rulemaking (NPRM), the FCC has proposed a major overhaul of the rules governing use of the Upper Microwave Spectrum. The notice proposes rules designed to encourage more intensive use in the bands collectively known as the Upper Microwave Flexible Use Service (UMFUS) bands, which are jointly shared by…
Continue Reading FCC Proposes Overhaul of Upper Microwave Spectrum RulesFCC Proposes “Space Modernization for the 21st Century”: Key Highlights for Industry and Stakeholders
As part of the Federal Communications Commission (FCC)’s “Space Month” initiative, the FCC has released a Notice of Proposed Rulemaking (NPRM) designed to overhaul the existing framework for space and earth station licensing. The FCC’s stated goal is to create the “friendliest regulatory environment in the world” for the space industry.
The proposed framework would…
Continue Reading FCC Proposes “Space Modernization for the 21st Century”: Key Highlights for Industry and StakeholdersFCC Launches ‘Space Month’ Agenda
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…
Continue Reading FCC Launches ‘Space Month’ AgendaFCC Releases Draft Report & Order Streamlining Satellite Licensing Processes
On July 17, 2025, the FCC released a discussion draft of a Report and Order (R&O) that, if adopted, would streamline processing of satellite and earth station applications and make other changes to satellite-related license requirements. The Commission is scheduled to vote on the R&O – which may be subject to further modifications prior to the vote – at the Open FCC Meeting scheduled for Thursday, August 7, 2025. Below is a high-level summary of some key changes included in the draft R&O.
- New Flexibility in Adding Satellite Points of Communication. The R&O creates a new type of earth station license ─ a “baseline license” ─ that would not require an earth station operator to specify satellite points of communication for the earth station in the initial application. After receiving its baseline license, an operator could then flexibly add satellite points of communication (i.e., new satellites with which earth stations can communicate) as needed. Notably, the R&O also would modify the process for adding a point of communication to allow for communications “immediately upon both filing notice . . . and pay[ing] the filing fee.” This streamlined process means that the notice would be effective unless the FCC acted within 15 days after the filing fee is paid to review and remove the new point of communication.
- In addition to streamlining modifications for existing earth station licenses, this revision is intended to support the Ground-Station-as-a-Service (“GSaaS”) business model, whereby “a neutral host establishes connectivity to multiple satellite systems in space.”
Continue Reading FCC Releases Draft Report & Order Streamlining Satellite Licensing Processes
FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband
Updated June 27, 2025. Originally posted May 28, 2025.
At an Open Meeting in May, the Federal Communications Commission (FCC) unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless. Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China. Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership. Comments may be filed on or before July 28, 2025, and reply comments may be filed on or before August 26, 2025, as set forth in today’s Federal Register.
The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services. This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband
Supreme Court Upholds Constitutionality of the Universal Service Fund
Today, the Supreme Court issued its decision in FCC v. Consumers’ Research (No. 24-354), upholding the constitutionality of the Universal Service Fund (“USF”). The Court in a 6-3 majority opinion penned by Justice Kagan explained that the USF does not violate the “public nondelegation doctrine” or the “private nondelegation doctrine” because Congress provided adequate guideposts and guardrails for the Federal Communication Commission (“FCC”) to implement the USF, and because the FCC had not impermissibly subdelegated its implementation authority to a private entity. Because the Court upheld the USF, it is unlikely that there will be any immediate implications for the telecommunications industry more broadly. That said, in analyzing the legal issues, the Court clarified several limits on the FCC’s USF authority, which could constrain the scope of the USF program in the future, and likewise could serve as the basis for future legal challenges should the FCC transgress those limits.
Consumers’ Research Decision
This case involved the FCC’s authority to subsidize programs designed to further “universal service.” Those subsidies are paid for by telecommunication carriers, who are each required to contribute an amount equal to a percentage of their projected annual revenues. A not-for-profit corporation established by the FCC (the “Universal Service Administrative Company” or “USAC”) calculates and recommends this quarterly contribution percentage (or “contribution factor”), which the FCC then reviews and approves. Consumers’ Research challenged this structure as violating both the nondelegation doctrine—a legal doctrine that generally prevents Congress from delegating legislative authority to federal agencies—and the private-delegation doctrine—which prohibits federal agencies from delegating their sovereign authorities to private individuals or entities. In earlier proceedings, the Fifth Circuit held that the USF was unconstitutional and relied on a novel theory that the combination of Congress’s delegation to the FCC and the FCC’s sub-delegation to USAC was unconstitutional. The Supreme Court reversed that ruling in today’s decision.Continue Reading Supreme Court Upholds Constitutionality of the Universal Service Fund
Energy and Commerce Committee Votes on GOP House Spectrum Plan
On May 13, the House Energy and Commerce Committee (“E&C Committee”) voted on its portion of the budget reconciliation package which includes a major proposal to identify new radio spectrum bands for auction and to restore the FCC’s long-lapsed spectrum auction authority. The budget reconciliation proposal directs the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) within two years to identify at least 600 megahertz of spectrum between the 1.3 GHz and 10 GHz frequencies for auction. The proposal also requires the FCC to complete an auction (with its restored auction authority) for at least 200 megahertz within three years, and to auction the remainder of the spectrum within six years from enactment. This approach of requiring the FCC to identify a minimum of 200 megahertz of spectrum for auction and to complete such auctions in the near term follows the pattern Congress used in the 1990s to jumpstart growth in the wireless industry.
The spectrum designated for auction would be allocated on an “exclusive, licensed basis for mobile broadband services, fixed broadband services, mobile and fixed broadband services, or a combination thereof.” Note that the legislation would carve out from auction-eligible spectrum bands the frequencies between 3.1 GHz and 3.45 GHz, and between 5.925 GHz and 7.125 GHz. The bill also provides that the auction proceeds would cover “110 percent of Federal Relocation or Sharing Costs.” The Congressional Budget Office has estimated the auction will raise $88 billion of new revenue; this “score” of $88 billion makes it the second-biggest item in the budget reconciliation bill for the E&C Committee behind changes to Medicare/Medicaid.Continue Reading Energy and Commerce Committee Votes on GOP House Spectrum Plan