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
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FCC 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
FCC Proposes Changes to Foreign Ownership Rules and Related Filings Processes
Updated June 24, 2025. Originally posted April 30, 2025.
In April, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) that proposes to clarify existing definitions in the FCC’s foreign ownership rules and codify certain practices regarding the filing requirements for, and the agency’s processing of, foreign ownership petitions (Petitions
Continue Reading FCC Proposes Changes to Foreign Ownership Rules and Related Filings ProcessesNTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal
On December 27, 2024, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”). As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC. NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS. NTIA invited comments to be filed by February 10, 2025. Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal
FCC Allocates New Spectrum for Commercial Space Launches
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.Continue Reading FCC Allocates New Spectrum for Commercial Space Launches