FCC’s Spectrum Abundance Report and Order: New opportunities for NGSO, GSO, ESIM, and gateway operators

On September 30, 2026, the Federal Communications Commission (FCC) adopted omnibus item FCC 26-65, which included a vote to make 1,025 MHz available for satellite broadband, in-flight and maritime connectivity, and satellite ground networks, creating new capacity and access opportunities for satellite operators.

Furthermore, the omnibus item contains three distinct parts:

1. The Spectrum Abundance Report and Order (R&O), which adopts final rules for the 12.7–13.25 GHz (12.7 GHz) and 42–42.5 GHz (42 GHz) bands, together with an Order of Proposed Modification
   
   
2. The Spectrum Abundance Further Notice of Proposed Rulemaking (FNPRM), which proposes more intensive satellite use of additional Ku-, Ka-, and D-band spectrum, and
   
   
3. The Weird Space Stuff (WSS) FNPRM, which proposes new spectrum for emergent space operations.

Only the R&O adopts rules; both FNPRMs are proposals and may change or may not be adopted. If adopted, the Spectrum Abundance FNPRM (SB Docket No. 25-180) would make 1,450 MHz of additional Ku- and Ka-band spectrum and 138.25 GHz of D-band spectrum available for more intensive satellite use. The WSS FNPRM (SB Docket No. 26-54) would address three new bands for emergent space operations, including in-orbit servicing, refueling, manufacturing, and lunar operations.

The new rules have not yet taken effect. Most changes will take effect only after publication in the Federal Register, and the rule text amends the new Part 100 framework adopted in the Space Modernization Report and Order (FCC 26-47), which itself is not yet effective.

Once effective, the R&O will expand non-geostationary satellite orbit (NGSO) consumer downlink capacity by more than 25 percent in contiguous spectrum, add gateway and feeder-link capacity at 42 GHz, and add access for earth stations in motion (ESIMs), while preserving important constraints for incumbents, coordination, and interference protection.

Below, we provide a summary of the R&O and FNPRMs, in addition to key takeaways for system operators.

Key considerations in the two FNPRMs

Spectrum Abundance FNPRM: Ku-, Ka-, and D-bands

The Spectrum Abundance FNPRM proposes making 1,450 MHz in the Ku- and Ka-bands, and 138.25 GHz in the D-band, available for more intensive satellite use, including through new allocations, removal of regulatory barriers, inter-satellite link (ISL) allocations, technical rules across several bands, and light licensing. Bands include:

• Ku-band: 13.75–14.0 GHz, 14.5–15.35 GHz, and 15.43–15.63 GHz
  
  
• Ka-band: 18.6–18.8 GHz (including questions on footnote NG164 limits on NGSO), 19.4–19.6 GHz, and 29.1–29.25 GHz
  
  
• D-band: 138.25 GHz of spectrum

The FCC asks whether restrictions, such as limiting use to geostationary satellite orbit (GSO) or NGSO only, or prohibiting ESIMs or blanket licensing, should apply.

Client takeaway: The bands and the open questions involving GSO- or NGSO-only use, ESIMs, and blanket licensing could affect future system design and competitive access. Operators planning Ku-, Ka-, or D-band capacity or inter-satellite links are encouraged to consider commenting before the applicable deadlines.

WSS FNPRM: Emergent space operations

Building on the March 2026 WSS Notice of Proposed Rulemaking (FCC 26-13), the WSS FNPRM addresses emergent space operations, such as in-orbit servicing, refueling, manufacturing, and lunar operations (e.g., missions not providing public connectivity). It seeks comment on three new bands spanning thousands of megahertz of spectrum (2360–2395 MHz, 13.25–13.4 GHz, and 100 GHz and above) for telemetry, tracking, and command (TT&C); data; and inter-satellite links.

Client takeaway: The availability of TT&C spectrum is a practical constraint for servicing, manufacturing, and lunar missions. Comments provide an opportunity to seek workable spectrum paths for mission planning and financing.

Key takeaways

• Filing freeze: For operators preparing 12.75–13.25 GHz applications, the freeze matters because it determines when filings can be made. A filing opportunity will be created when the freeze is lifted upon publication in the Federal Register.
  
  
• NGSO downlinks: For broadband and mobility operators, the new downlink allocation could expand service capacity once effective: the R&O will create a new primary fixed-satellite service (FSS) space-to-earth downlink allocation for NGSO systems in the 12.7–13.25 GHz (12.7 GHz) band (525 MHz) for blanket-licensed user terminals and ESIMs on land, at sea, and in the air. The FCC estimates more than a 25-percent increase in contiguous downlink spectrum and about a 25-percent increase in high-throughput satellite capacity in 12.7 GHz.
  
  
• FNPRM proposals: For operators planning future spectrum access, comments could influence whether additional capacity and emergent-space bands become available: stakeholders will be able to comment on proposals for 1,450 MHz of additional Ku- and Ka-band spectrum, 138.25 GHz of D-band spectrum, and three new bands for emergent space operations. Comments will be due 30 days after publication in the Federal Register; reply comments will be due 60 days after publication.
  
  
• Incumbent protection: For terrestrial licensees and satellite entrants, the transition sets the period of protection and future interference posture: once effective, incumbent terrestrial licensees in 12.7 GHz will be grandfathered without repacking, but co-primary protection will sunset ten years after publication in the Federal Register; after that, incumbents will become secondary.
  
  
• Technical rule changes: For stakeholders planning compliance and valuation, the framework determines where the rules will sit and the FCC’s estimated economic range: once effective, the rule changes will be made to new Part 100, rather than Part 25. Estimated net benefits over five years range from $151 million to $1.2 billion (three-percent discount rate) or $133 million to $1.0 billion (seven-percent discount rate).

Summary of the R&O

12.7 GHz band

The FCC adopted a bi-directional band plan for the 525 MHz in 12.7–13.25 GHz.

Client takeaway: Once effective, the band will support both satellite directions, with different access rights depending on orbit and terminal type. Business models must be mapped to their specific permitted uses.

NGSO downlinks

• Once effective, the R&O will provide a new primary FSS (space-to-earth) allocation for NGSO systems only, serving blanket-licensed user terminals and ESIMs on land, at sea, and in the air. This would represent more than a 25-percent increase in contiguous downlink spectrum adjacent to 10.7–12.7 GHz.
  
  
• Once effective, power flux-density (PFD) limits from 10.7–11.7 GHz will be extended to the band; new footnote NG144 will be adopted; the "extended Ku-band" definition in section 100.3 will be amended; NG53 will be amended to remove NGSO restrictions; and NG57 will be deleted.
  
  
• The FCC chose not to wait for international harmonization (International Telecommunication Union (ITU) Regions 1 and 3 allocate only 12.7–12.75 GHz for downlink). As a result, once effective, United States NGSO downlinks will not immediately receive international coordination protection in Region 2.
  
  
• Once effective, NGSO receiving terminals will be unprotected against gateway and feeder-link uplinks and grandfathered terrestrial stations.

Client takeaway: Once effective, the 12.7 GHz allocation could add consumer and mobility capacity through blanket-licensed user terminals and ESIMs. Operators are encouraged to account for unprotected status and the Region 2 coordination gap when drafting service-quality commitments and international expansion plans.

Individually licensed uplinks and filing freezes

• Once effective, ground uplinks will be limited to individually licensed gateway and feeder-link earth stations communicating with GSO and NGSO systems. The FCC removed the NG52 limitation on GSO uplinks to international systems and preserved Appendix 30B planned-band operations.
  
  
• The freeze on new space and earth station applications and market access requests in 12.75–13.25 GHz will be lifted upon publication in the Federal Register.
  
  
• The 12.7–12.75 GHz freeze will remain permanent for FSS (earth-to-space) operations as a buffer protecting direct broadcast satellite (DBS) and FSS downlinks in 12.2–12.7 GHz.

Client takeaway: GSO and NGSO operators are encouraged to prepare gateway and feeder-link applications now so they are ready when the 12.75–13.25 GHz freeze lifts; the 12.7–12.75 GHz band will remain closed to FSS uplinks.

GSO ESIMs

• Once effective, blanket-licensed GSO ESIM uplinks will be permitted in 12.75–13.25 GHz from aircraft at altitude (three kilometers or higher in US airspace) and from ships away from the coastline, consistent with WRC-23 Resolution 121 limits. These operations will be secondary to NGSO FSS downlinks.
  
  
• Once effective, NG527A and sections 100.275(n) and (o) will be amended; blanket licensing will be on an unprotected, non-interference basis relative to current fixed-service (FS) and mobile-service (MS) operations.
  
  
• Once effective, government very small aperture terminal (VSAT) uplinks (requested by Ovzon) may be considered case by case but will need to protect NGSO downlinks; there is no federal FSS allocation.

Client takeaway: Once effective, in-flight and maritime connectivity providers will have a potential new uplink band, but operators are encouraged to incorporate the secondary status, altitude, and offshore limits into service commitments and contracts.

Incumbent terrestrial licenses

• Once effective, incumbent FS, broadcast auxiliary service (BAS), and cable television relay service (CARS) licenses will be grandfathered with no repacking. The freeze on new terrestrial licenses (in place since September 19, 2022) will remain permanent, though renewals will still be granted.
  
  
• Once effective, co-primary protection will sunset ten years after publication in the Federal Register (approximately 2036), after which incumbents will become secondary. The FS and MS allocations will change from primary to secondary.
  
  
• The FCC chose the longest proposed sunset, rather than the three or five years recommended by the Commercial Spaceflight Federation and Open Technology Institute.

Client takeaway: Once effective, incumbents and buyers of these licenses should plan for loss of protection around 2036, while satellite entrants are encouraged to anticipate limited, fixed-location interference sources from grandfathered terrestrial licenses.

Protection of federal and radio astronomy operations

• Once effective, adjacent-band federal Earth Exploration-Satellite Service, aeronautical radionavigation service, and space research service operations in 13.25–13.75 GHz will be protected through coordination with the Interdepartment Radio Advisory Committee (IRAC) using International Telecommunication Union Radiocommunication Sector M.2008-1 criteria; out-of-band emission limits will be developed in coordination with the National Telecommunications and Information Administration (NTIA).
  
  
• Once effective, operators will be expected to avoid harmful interference to radio astronomy service observations.

Client takeaway: Once effective, federal coordination through IRAC and NTIA, together with radio astronomy protection, may affect deployment timelines. Operators are encouraged to build these requirements into site planning and rollout plans.

42 GHz band

• Once effective, the R&O will provide a new primary FSS (space-to-earth) allocation for GSO and NGSO in the 500 MHz at 42–42.5 GHz for individually licensed and Nationwide Non-Site Earth Stations. New footnote NG150 will limit use to gateway and feeder-link earth stations; blanket-licensed terminals will not be permitted.
  
  
• Once effective, power flux-density limits of 40.5–42 GHz will be extended to the band (section 100.212(i) and (j)).
  
  
• Once effective, FS will remain primary; MS will change to secondary for non-federal use and will need to protect FSS and FS sites. There are no current terrestrial deployments in the band.
  
  
• The FCC found "light licensing" (a 70/80/90 GHz-style nationwide non-exclusive license with third-party database registration and coordination) appropriate, but deferred the mechanics to other proceedings, including Upper Microwave (SB Docket No. 25-305) and Space Modernization. Until then, applications will continue to be processed under existing rules.
  
  
• Once effective, internationally developed power limits will protect radio astronomy in the adjacent 42.5–43.5 GHz band.

Client takeaway: Once effective, 42 GHz could be a near-term option for gateway and feeder-link operations using individually licensed or Nationwide Non-Site Earth Stations; until light licensing is available, applications may continue under existing rules and timelines.

Implications for the space industry

Participants in the space industry are encouraged to consider the following steps:

• NGSO broadband operators: Evaluate system designs and modifications that could use the new 12.7 GHz downlink, accounting for the lack of protection from gateway uplinks and grandfathered terrestrial stations, in addition to the lack of immediate international coordination protection in Region 2. Consider 42 GHz for gateway and feeder links once the relevant rules are effective.
  
  
• GSO operators: Assess the gateway and feeder-link opportunities that the adopted rules would provide in 12.75–13.25 GHz once effective and prepare filings for submission once the freeze is lifted upon publication in the Federal Register. Note that Appendix 30B operations would be preserved and 12.7–12.75 GHz would remain frozen.
  
  
• Aero and maritime ESIM providers: Review the altitude (three kilometers or higher) and offshore conditions and the WRC-23 Resolution 121 limits for GSO ESIMs. In addition, plan for secondary, non-interference status relative to NGSO downlinks and current FS and MS operations once effective.
  
  
• Gateway and ground segment operators: Plan individually licensed sites in 12.75–13.25 GHz and 42 GHz; once effective, account for federal adjacent-band coordination and radio astronomy protection and track the deferred 42 GHz light-licensing mechanics.
  
  
• Emergent space, in-space servicing, assembly and manufacturing, and lunar operators: Consider commenting on the WSS FNPRM proposals for TT&C, data, and inter-satellite links to help shape potential allocations and technical rules for these missions.
  
  
• Terrestrial incumbents: Begin planning for secondary status. Once effective, existing FS, BAS, and CARS licenses in 12.7 GHz will be grandfathered and renewable, but no new licenses will be granted, and protection will end in approximately 2036.
  
  
• Investors and mergers and acquisitions: In diligence, account for the potential new spectrum access, the adopted ten-year sunset, the not-yet-effective Part 100 framework, pending FNPRM proposals that may affect the value of satellite, ground segment, and terrestrial spectrum assets.

Next steps

• Publication in the Federal Register: Once the order is published, the 12.75–13.25 GHz filing freeze will be lifted, the ten-year incumbent sunset period will begin, and the FNPRM comment cycles will open.
  
  
• FNPRM deadlines: Comments on both FNPRMs will be due 30 days after publication in the Federal Register; reply comments will be due 60 days after publication.
  
  
• Part 100 effective date: Because the rule changes are made to Part 100, stakeholders are encouraged to track the effective date of the Space Modernization Report and Order (FCC 26-47).

The authors are available to assist with any questions you may have.