HWG Client Advisory (PDF)
By Paul Caritj and Amy C. Robinson 

On September 9, 2026, the Federal Communications Commission (FCC) released a draft Report and Order and Order of Proposed Modification that would expand satellite access to the 12.7–13.25 GHz and 42–42.5 GHz bands while changing the interference protections and long-term spectrum rights of terrestrial incumbents. Two accompanying draft Further Notices of Proposed Rulemaking (FNPRMs) would explore additional spectrum access for satellite communications and emerging space operations.
The item is scheduled for consideration at the FCC’s September 30, 2026 Open Meeting and remains subject to change. If adopted as drafted, comments on the FNPRMs would be due 30 days after Federal Register publication, with replies due 60 days after publication. Affected terrestrial licensees would have a separate 30-day period to protest proposed license modifications.

Expanded Satellite Access in the Ku- and V- Bands

The draft Order would make more than 1,000 megahertz of spectrum available for expanded satellite use across the 12.7 GHz and 42 GHz bands, moving away from earlier proposals for expanded terrestrial mobile use.

  • NGSO downlinks in 12.7–13.25 GHz. The FCC would permit non-geostationary orbit (NGSO) downlinks to blanket-licensed user terminals, including earth stations in motion (ESIMs) on land, at sea, and in the air. Receiving terminals would have to accept harmful interference from co-primary fixed-satellite service (FSS) uplinks. Satellite operations would also have to protect grandfathered terrestrial systems during the ten-year transition period.
  • Individually licensed NGSO & GSO uplinks. Ground-based uplinks to geostationary orbit (GSO) and NGSO satellites would be limited to individually licensed gateway and feeder-link earth stations. The satellite application freeze would lift in 12.75–13.25 GHz upon Federal Register publication, while applications for new FSS uplink licenses in 12.7–12.75 GHz would be permanently frozen.
  • GSO ESIM uplinks. Blanket-licensed ESIM uplinks would be permitted in 12.75–13.25 GHz from aircraft at altitude and maritime vessels away from the U.S. coast, subject to international technical limits. Aircraft transmissions in U.S. airspace would be limited to altitudes of at least three kilometers.
  • V-band gateway links in 42–42.5 GHz. The draft would add a primary FSS downlink allocation for GSO and NGSO satellites communicating with individually licensed gateway and feeder-link earth stations. Terrestrial fixed service would retain primary status, while mobile service would become secondary and would have to protect satellite receiving stations and terrestrial fixed sites. The FCC favors a “light licensing” framework using nonexclusive nationwide licenses and a database to coordinate individual sites, but would defer implementation details to other proceedings. Existing licensing rules would apply in the meantime.

Transition for Terrestrial Incumbents in the 12.7 GHz Band

Existing fixed microwave, broadcast auxiliary, and cable television relay operations in 12.7–13.25 GHz would retain primary status for ten years after Federal Register publication. They would not be required to repack into a smaller portion of the band. After that period, grandfathered operations could continue on a secondary basis, but could neither cause harmful interference to nor claim protection from FSS operations. The freeze on new terrestrial licenses would become permanent; renewals of grandfathered licenses would remain available.
Affected licensees would have 30 days after Federal Register publication to protest proposed license modifications under Section 316 of the Communications Act.
Further Proposals for Satellite and Emerging Space Operations
The FNPRMs would seek comment on additional allocations and broader access to existing satellite spectrum. The FNPRMs would not themselves authorize new operations or resolve the earlier “Weird Space Stuff” proceeding’s regulatory-classification questions.

  • Ku- and Ka-band adjustments. The FCC would seek comment on relaxing the requirement for FSS earth stations operating within 75-13.8 GHz to be coordinated with NTIA; adding an FSS uplink allocation in all or part of 14.5–15.35 GHz; and broadening access beyond existing NGSO mobile-satellite service feeder-link restrictions in 15.43–15.63 GHz, 19.4–19.6 GHz, and 29.1–29.25 GHz. It would also consider co-primary NGSO downlink access in 18.6–18.8 GHz, including measures to protect passive scientific services.
  • D-band spectrum. The FCC would examine expanded FSS access to seven ranges totaling 25 GHz: 122.25–148.5, 151.5–164, 167–174.8, 191.8–200, 209–226, 231.5–250, and 252–300 GHz. The inquiry would address uplink and downlink use and alternatives such as light licensing and licensing by rule. These ranges include existing satellite allocations; they are not all new satellite spectrum.
  • Inter-satellite links. The FCC would propose implementing international allocations for inter-satellite links in 1–18.6 GHz, 18.8–20.2 GHz, and 27.5–30 GHz, while seeking comment on allocation status and technical requirements. Related proposals would consolidate technical rules for links in other specified satellite bands.
  • Emerging space operations. The second FNPRM would examine telemetry, tracking, and control (TT&C) and mission-data needs for activities such as in-space servicing, assembly, and manufacturing (ISAM). Bands under consideration include 2360–2395 MHz, 25–13.4 GHz, and 100-300 GHz, and bands used for inter-satellite links. The FCC would also ask whether optical inter-satellite links could supplement or replace radiofrequency links, particularly for high-data-rate communications, before additional radiofrequency spectrum is allocated.

For more information on the draft item or its potential implications, please contact the authors or a member of HWG LLP’s Satellite and Commercial Space practice.