FCC proposes licensing reforms for Upper Microwave Flexible Use Service bands

The Federal Communications Commission (FCC or Commission) adopted, on October 28, 2025, a Notice of Proposed Rulemaking (NPRM) titled “Facilitating More Intensive Use of Upper Microwave Spectrum,” seeking comments on a broad range of measures to promote more intensive and efficient use of the Upper Microwave Flexible Use Service (UMFUS) bands (24 GHz, 28 GHz, upper 37 GHz, 39 GHz, 47 GHz, and 50 GHz).

The UMFUS bands are currently shared between terrestrial 5G services and Fixed Satellite Service (FSS) operations. The FCC aims to use the NPRM process to guide its updates to the licensing and operational rules, currently regulated under Section 25.136 of the Commission’s rules. Established in 2016, these rules were developed in anticipation of heavy terrestrial 5G use and limited satellite earth station operations. The FCC has since determined that the rules restrict earth station deployment despite terrestrial use being lower than anticipated.

Below, we summarize the NPRM and set out key takeaways for stakeholders.

Key considerations in the NPRM

Light licensing

The FCC is evaluating a “light licensing” framework to streamline earth station siting in the UMFUS bands, potentially replacing Section 25.136 and Part 101’s manual coordination with a two-step process anchored in an automated registration database. Under the concept, holders of nationwide, non-site earth station licenses would register their sites in a database alongside terrestrial entries. An automated interference check would then categorize proposed sites as green, yellow, or red – permitting immediate registration, triggering coordination requirements prior to registration, or blocking registration, respectively.

The Commission is also exploring whether third party registration systems for the 70/80/90 GHz bands could be adapted to UMFUS, while recognizing material differences between the services, such as geographic licensing in terrestrial UMFUS and federal use of the respective bands. The FCC also seeks comment on the costs and benefits of the proposed two-step process; administration of the proposed database; appropriate interference protection thresholds (e.g., whether a -6 dB interference-to-noise threshold is suitable); procedures for good faith coordination following a yellow light determination; safeguards against “squatting” during link registration, including possible build out milestones; and transition rules for existing licenses and pending applications.

Market-based band sharing agreements

The FCC requests comment on whether UMFUS licensees should be permitted to voluntarily negotiate with FSS operators to allow FSS operations in the relevant UMFUS bands without interference protection. As a result, FSS operators, upon submission of new applications or modifications for earth stations in relevant geographic areas, could bypass certain UMFUS Protection Criteria, such as per-county caps, population coverage limits, and infrastructure limits. The Commission seeks input on whether these voluntary agreements should count toward UMFUS licensees’ build-out requirements.

Revisions to Section 25.136 criteria

The FCC seeks comment on the existing regulation of matters related to the operation of earth stations using UMFUS bands, such as collocation, geographical per-county and per-Partial Economic Area (PEA) numerical limitations on earth stations, first-in-time rules, coordination requirements, and power-flux density limits. Specifically, the FCC seeks comment on:

• Removing Section 25.136 criteria for FSS applicants operating in geographic areas where there are no UMFUS licensees


• Expanding the definition of collocation to include earth stations within an “antenna farm,” adopting a definition of “antenna farm,” and adopting the Space Bureau’s March 2025 Public Notice providing guidance on collocation of earth stations with partially overlapping power flux density (PFD) contours


• Raising or eliminating current geographical per-county and per-PEA numerical limitations on earth stations


• Improving or establishing alternatives to its first-come, first-served rules for UMFUS licenses, particularly if geographic caps are maintained or adjusted


• Establishing transferable “slots” tied to current and future earth station licenses to enable a secondary market


• Revisiting Section 25.136 population limits associated with earth station protection zones, including whether to increase limits overall or to tailor increases to county or infrastructure characteristics


• Modifying or eliminating the -77.6 dBm/m2/MHz contour-related population and infrastructure exclusions, including, for instance, whether to relax protections in rural or low‑density areas or for narrow categories of protected roads and infrastructure


• Modernizing coordination requirements for UMFUS-FSS coexistence, including adjusting response deadlines or procedures, and automating coordination and interference analyses, and


• Adjusting the measurement of generated PFD from a measurement at 10 meters above ground level to a measurement at, or close to, the UMFUS receive antenna site.

Streamlining application showings

The FCC proposes reducing the burden of technical showings required for earth station applications, including allowing applicants to certify compliance with UMFUS protection criteria or adopting a safe harbor and de minimis waiver for certain applications.

Alternative frameworks for spectrum sharing

The NPRM also explores replacing Section 25.136 with new spectrum-sharing paradigms to regulate terrestrial and earth station coordination. The FCC requests input on whether it should create new rules regarding the coordination of terrestrial and earth station licensees or, alternatively, whether it is feasible to allocate FSS on a co-primary basis in the UMFUS bands. The NPRM further includes specific suggestions to facilitate and ensure coordination between terrestrial and earth station operators, including by permitting the operation of uncoordinated earth stations with sensing capabilities in certain bands.

Key takeaways for stakeholders

The FCC’s proposed reforms could significantly reshape the regulatory landscape for both terrestrial and satellite operators in the upper microwave bands.

For FSS operators, these changes could increase access to UMFUS spectrum and reduce compliance burdens through streamlined application processes. If the proposals are ultimately adopted, they could create opportunities to leverage market-based agreements and participate in secondary markets for earth station “slots.”

For terrestrial operators, the proposals, if adopted, could result in greater flexibility to negotiate spectrum sharing arrangements with satellite operators, which could help terrestrial operators meet buildout requirements.

Next steps

The FCC voted to adopt the NPRM during its open meeting on October 28, 2025 and seeks public comment on its proposals. Comments are due 30 days after publication in the Federal Register, with reply comments due 60 days after publication.

In addition, during the October open meeting, the FCC adopted its Notice of Proposed Rulemaking titled “Space Modernization for the 21st Century.” For more on this topic, please see this previous DLA Piper alert.

If you have questions or would like assistance concerning the proceeding, please contact the following DLA Piper professionals:

Julie Kearney, Partner, Global Co-Chair, Space Exploration & Innovation Practice

Emma Marion, Associate

Cait Barbas, Associate