FCC proposes expanding use of spectrum for satellite services
Comment due date: July 28, 2025
Reply comment due date: August 26, 2025
Executive summary
The Federal Communications Commission (FCC) is assessing current spectrum allocations and service rules to ensure abundant spectrum is available to support the growing satellite industry, improve broadband access, and maintain US leadership in the space and communications industry. To this end, on May 22, 2025, the FCC adopted a Further Notice of Proposed Rulemaking and Notice of Proposed Rulemaking (Proposed Rulemaking), aimed at making over 20,000 MHz of spectrum available for satellite communications across four bands: the 12.7–13.25 GHz, 42–42.5 GHz, 51.4–52.4 GHz, and parts of the W-band (92–114.25 GHz). FCC Chairman Brendan Carr noted that these spectrum bands are “more than the sum total of spectrum available for satellite systems today.” [1] In addition to the discussion on granting access to this spectrum for satellite communications, the FCC also seeks input on related licensing frameworks, interference mitigation measures, and international harmonization.
Access to additional spectrum: Proposed Rulemaking
Previously, the FCC sought industry input on ways that the 12.7 GHz band and 42 GHz band could be used for terrestrial services. Now, the FCC is considering how this spectrum could also be used for satellite communications – either as an alternative or a complement to its previous proposals – in an effort to efficiently expand the current uses of spectrum while protecting incumbent spectrum users and users operating in adjacent bands, particularly Federal operators. [2]
Below, we discuss the current uses of these and other bands and how their usage could expand under the FCC’s Proposed Rulemaking.
12.7–13.25 GHz Band
Current use
Under the United States Frequency Allocation Table, the 12.7-12.75 GHz and 12.75-13.25 GHz bands are allocated primarily for non-Federal Fixed Service (FS), Fixed-Satellite Service (FSS) (Earth-to-space), and Mobile Service (MS). While these spectrum bands are currently allocated on a co-primary basis, there are several regulatory restrictions preventing intensive satellite use. For example, geostationary orbit (GSO) operations in the 12.75-13.25 GHz band are currently limited to communications between domestic and international points, and non-geostationary satellite orbit (NGSO) FSS operations in this band are limited to uplink communications with individually licensed earth stations.
Proposed use
While emphasizing the importance of protection mechanisms for Federal operations such as the National Aeronautics and Space Administration (NASA)’s Deep Space Network, the FCC proposes expanding use of the 12 GHz band to enable and incentivize satellite operators to use this spectrum through the following measures:
- Eliminating regulatory restrictions (eg, Footnotes NG52 and NG57) that hinder satellite service use
- Enabling spectrum use for Earth Stations in Motion (ESIMs) to align with the outcomes of WRC-23
- Adopting allocations for both uplink and downlink satellite operations in this band
- Enabling coexistence with incumbent services (eg, BAS, CARS, FS, MS), including possibly repacking or sunsetting the allocations
42–42.5 GHz Band
Current use
Under the United States Frequency Allocation Table, the 42 GHz band is primarily allocated for non-Federal FS and MS use, with no allocation for satellite services. There are no service rules or incumbent licensees in this band.
Proposed use
The FCC is seeking to optimize this “greenfield” spectrum by designing a licensing scheme that accounts for new technological advancements in satellite services and by allocating the band for primary or secondary FSS (space-to-Earth) use. To enable this use, the FCC is seeking input on how satellite operations will coexist with terrestrial services and protect adjacent radio astronomy operations in the 42.5–43.5 GHz band.
51.4–52.4 GHz Band
Current use
Under the United States Frequency Allocation Table, the 51.4–52.4 GHz band is currently allocated as a shared Federal/non-Federal band primarily for terrestrial FS and MS use. Under the International Frequency Allocation Table, this spectrum is also allocated for FSS (GSO Earth-to-space) on a co-primary basis, which was allocated for FSS following WRC-19. WRC-23 will consider the results of studies under agenda item 1.3, which aims to enable NGSO Earth-to-space gateway operations. [3] The 52 GHz band currently has no licensed commercial users in the United States.
Proposed use
After ten years of studying the use of satellite communications in this band, the FCC is considering use of the 51.4–52.4 GHz band by satellite operators to promote more efficient and intensive use of the spectrum. [4] Specifically, the Proposed Rulemaking proposes to adopt a domestic FSS allocation in the Earth-to-space direction for NGSO systems only. [5] To support this use, the FCC seeks input on how to protect adjacent passive services (eg, Earth Exploration Satellite Services) and establish emission limits and coexistence strategies.
W-Band (92–114.25 GHz)
Current use
Under the United States Frequency Allocation Table, the W-band has the following allocations:
- 92.0–94.0 GHz band is allocated on a primary basis for terrestrial FS and MS, and radio astronomy and radiolocation services
- 94.1–95.0 GHz band is allocated on a primary basis for terrestrial FS and MS, and radio astronomy and radiolocation services
- 95–100 GHz band is allocated on a primary basis for FS, MS, radio astronomy, radiolocation, radionavigation, and radionavigation-satellite services
- 102.0–105 GHz band is allocated on a primary basis for FS, MS, and radio astronomy
- 105.0–109.5 GHz band is allocated on a primary basis for FS, MS, radio astronomy, and space research (passive) services
- 111.8–114.25 GHz band is allocated on a primary basis for the FS, MS, radio astronomy, and space research (passive) services
The service rules for the W-band include regulatory restrictions (eg, requirements to protect the radio astronomy service from harmful interference) that the FCC is considering revising.
Proposed use
The FCC seeks input on how to efficiently regulate the large, underutilized swaths of high-frequency W-band spectrum for NGSO FSS use. Recognizing that these frequency bands are well suited for satellite backhaul communications due to the combination of large bandwidth with high-gain, narrow “pencil beam” transmissions, the FCC proposes adopting an allocation for NGSO FSS use limited to individually licensed gateway stations in the Earth-to-space direction. In assessing how to use and regulate the W-band, the FCC also seeks input on the operating parameters to ascertain potential coexistence measures that will protect incumbent and future services in these, or adjacent, bands. Additionally, the FCC is considering extending the self-coordinated and data-assisted “light-licensing” framework for the 70/80/90 GHz band to these W-band frequencies.
What’s next?
As the space and satellite industry continues to evolve and expand, DLA Piper will continue to monitor spectrum developments for satellite use from legal, regulatory, policy, and engineering perspectives. We will continue supporting business stakeholders in strategic positioning and to propel their voices in the rulemaking process. Comments responding to the FCC’s Proposed Rulemaking are due 30 days after publication in the Federal Register. To submit comments or discuss potential impacts of the rulemaking proceeding, please contact Julie Kearney, Emma Marion, Aliyyah Muhammad, or any member of the DLA Piper Telecommunications practice group.
[1] Satellite Spectrum Abundance, SB Docket No. 25-180; Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use, GN Docket No. 22-352; Shared Use of the 42-42.5 GHz Band, WT Docket No. 23-158; Use of Spectrum Bands Above 24 GHz For Mobile Radio Services, GN Docket No. 14-177, Further Notice of Proposed Rulemaking and Notice of Proposed Rulemaking, FCC-25-29 at 42 (rel. May 27, 2025) (Satellite Spectrum Abundance NPRM).
[2] Satellite Spectrum Abundance NPRM, para. 2.
[3] See Resolution 813 (WRC-23) for the WRC-27 agenda.
[4] Satellite Spectrum Abundance NPRM, para. 59.
[5] This domestic revision to the service rules for this band would not align with the international allocations because FSS use is currently limited to GSO systems.
