FCC proposes modernization of space and earth station licensing: Key takeaways

On October 28, 2025, the FCC voted to adopt the below-described NPRM. This alert has been updated to reflect the FCC’s finalized, adopted text.

The Federal Communications Commission (FCC or Commission) recently published a draft comprehensive Notice of Proposed Rulemaking (NPRM) titled “Space Modernization for the 21st Century,” aiming to overhaul its space and earth station licensing framework.

The proposal, issued on October 7, 2025, is designed to increase efficiency, predictability, and flexibility to support investment and innovation in the US space industry. The initiative aligns with recent Executive Branch statements and directives for deregulation and continued US leadership in commercial space activities.

Key elements of the FCC’s licensing modernization proposal

Replacement of Part 25 with new Part 100

The FCC aims to “overhaul and modernize” its space and earth station licensing process, proposing to completely replace Part 25 of its rules governing satellite communications with a new Part 100, titled “Space and Earth Station Services.” The title and structure are intended to better reflect the current and future needs of the space sector and encompass a broader set of communications operations.

The FCC also seeks to move away from “prescriptive,” design-based regulation and instead toward “performance-based” standards that would allow applicants more room to innovate within defined safety, interference, and spectrum efficiency boundaries.

According to the Commission, the NPRM includes “a largely complete text of proposed rules” in addition to alternative proposals. The FCC noted that it intends to seek public comment on the specific proposals of Part 100.

“Licensing assembly line” and modular applications

The NPRM introduces a “licensing assembly line” approach to standardize the review process and increase efficiency. The FCC proposes, for example, to implement a modular approach by permitting submissions of basic contact and ownership information via FCC Form 312 – Main Form without immediately seeking authorization. This approach would enable the Commission to review entities’ ownership and legal qualifications in advance of applications, which could allow them to seek preliminary clearance to hold a license in an accelerated process for transfers of control or assignments. All future license requests would then be associated with that form, as kept updated.

After submitting, the applicants would later provide schedules tailored to the nature of their requests, including new schedules containing orbital and frequency information.

The NPRM also includes a proposal for an expedited licensing pathway for applicants that certify to “bright-line” criteria presumed to serve the public interest, specific to the type of proposed system.

Applications with affirmative certifications that do not include waiver requests and are not subject to further exceptions to expedited processing would qualify for a seven-day public notice proceeding. Nonqualifying applications would be subject to a 15-day public notice and review focused on the specific issues that fall outside the expedited framework. Applications subject to Sections 309(b) and (c) of the Communications Act of 1934, as amended would continue to be placed on public notice for a 30-day comment period.

The modular approach would also allow applications to be segmented, expediting the process for qualifying requests while segmenting other requests for standard processing. Further, the proposal expands the range of license modifications that do not require prior approval, proposes conditional grants for certain applications, and allows for incremental additions of satellites or frequencies.

If the new licensing process and expedited processing framework are adopted, the Commission further proposes to eliminate the separate rules for small satellite systems currently in place (47 CFR §§ 25.122, 25.123).

New licensing categories for novel space activities

Recognizing that some areas of space and satellite innovation do not clearly fall under the traditional Geostationary Satellite Orbit (GSO) or Non-Geostationary Satellite Orbit (NGSO) categories, the FCC proposes a new licensing category for Variable Trajectory Spacecraft Systems (VTSS). This category would create a new pathway for spacecraft with unpredictable trajectories, which could include lunar or other celestial body missions, orbital transfer vehicles, and certain in-space servicing, assembly, and manufacturing (ISAM) operations.

The Commission proposes to simultaneously update its rules to accommodate these operations, such as by allowing licensees to file propagated ephemeris and to engage in collision avoidance rather than being required to prespecify all predicted activities over the license term. The NPRM does not address spectrum issues for VTSS or ISAM. These spectrum issues remain in the pending 2024 ISAM NPRM.

Acknowledging advancements in technology with respect to GSO systems, the Commission also proposes modifying its framework for GSO licensing to allow an operator to file an application requesting authority for multiple GSO satellites under a single call sign. Increased technical capabilities could prompt applicants to seek multiple-satellite operation at one location on the geostationary arc.

Streamlined earth station licensing

The FCC proposes a shift to predominantly nationwide and non-site specific licensing for Earth stations, with specific showings required for certain types. This approach, for instance, would simplify the approval process for user terminals, immovable Earth stations, and Earth Stations in Motion (ESIMs). A proposed certification-based Earth station application process would replace many narrative and technical showings, with applicants likely assuming greater responsibility for compliance (ie, adhering to an honor system). For immovable Earth stations, specifically, the Commission seeks comment on a proposed two-step approach which would require an initial license for frequencies, followed by site-specific registration after coordination but prior to the launch of operations.

Reforms to processing rounds and surety bonds

For NGSO systems, the FCC proposes annual, band-specific processing rounds with predetermined windows, replacing the current discretionary approach based on designation of lead applications. Applicants would opt into processing rounds for priority status, subject to surety bond requirements. Surety bond requirements are proposed for NGSO systems with 200 or more satellites or those seeking processing round priority.

The FCC also seeks comment on its proposal to apply all procedural regulations in Part 100, if adopted, to every licensee, including those with existing licenses, while also preserving the substantive obligations, such as license terms and deployment milestones, placed upon existing licensees in their current authorizations. Additionally, the FCC seeks input on its handling of pending applications at the effective date for Part 100, if adopted.

Milestones, license terms, and renewals

The FCC proposes to eliminate milestone requirements for GSO systems and align NGSO milestones with International Telecommunication Union standards. Under this proposal, most NGSO operators would be required to launch at least one satellite within seven years of receiving their license, with additional deployment milestones to follow in later years. The FCC, however, seeks comments on alternative milestone deployment benchmarks for NGSO systems.

The FCC also proposes to extend license terms for most space and earth stations. These license terms would be extended to 20 years from the date the license is granted. In line with existing practice and in accordance with the proposed extension of the license term, the FCC further proposes to permit replacement space stations (1) with the same frequency bands and coverage area as the station it replaces, (2) located within 0.15 degrees of the existing GSO orbital slot or within the authorized orbit of the existing NGSO station, and (3) scheduled for launch so it is brought into use approximately contemporaneously with – and not later than – the retirement of the existing station.

Operational and technical rule updates

The NPRM also reorganizes and streamlines technical and operational requirements, emphasizing outcome-based standards and consolidating or removing outdated and redundant provisions.

The Commission proposes that applicants certify that their satellite systems will comply with orbital debris criteria by ensuring that satellites (1) are identifiable, (2) will fall below the small debris collision and casualty risk thresholds, and (3) will vent stored energy at the end of their operational lifetime, among other things.

The Commission also proposes requiring compliance with filed orbital debris mitigation and end-of-life plans and notification of significant changes within 30 days. To create a more objective standard, the Commission also proposes to impose affirmative obligations to limit operational debris, accidental explosion debris, and persistent liquid droplets. For GSO operators, the FCC seeks comment on whether to preserve two-degree spacing rules.

Reporting requirements

To reduce administrative burdens, the FCC seeks to reduce reporting requirements to only those necessary for safe, flexible, and efficient operations. Specifically, the FCC proposes to require:

• Licensees to report contact changes for interference and emergency points of contact within 48 hours (and therefore eliminate the need to report contacts annually)
  
  
• Space station operators to file ephemeris data with Space-Track.org, the 18th Space Control Squadron, or a space situational awareness service provider identified by the FCC Space Bureau
  
  
• NGSO operators to file semi-annual reports identifying reentry, deployment and screening, and conjunction event metrics

Implications for the space industry

• Accelerated licensing and reduced regulatory burden: The proposed framework is expected to materially shorten licensing timelines, reduce administrative burdens, and provide greater certainty for planning and investment.
  
  
• Increased flexibility for innovation: If the proposal is approved, operators will have expanded ability to modify and upgrade systems, pursue novel missions, and respond to technological advances with fewer regulatory requirements.
  
  
• Enhanced predictability and transparency: Clearer standards, defined processing timelines, and regular public reporting will likely improve the regulatory environment for both incumbents and new entrants.

Next steps

The FCC voted to adopt the NPRM during its open meeting on October 28, 2025. Comments are due 45 days after publication in the Federal Register, with reply comments due 75 days after publication.

How DLA Piper can help

Our team has deep experience with the FCC and global regulatory environment. We are prepared to assist clients in navigating the FCC’s proposed rule changes, preparing comments, and adapting compliance strategies to the new regulatory landscape. For further information or assistance, please contact our Telecoms and Space Exploration and Innovation practices.

For more information, please contact Julie Kearney, Emma Marion, or Cait Barbas.