Modernizing Space: FCC Pushes to Support and Accelerate the Space Economy

The Federal Communications Commission has advanced a series of rulemakings aimed at expanding opportunities for commercial space and satellite operations. These actions focus on improving positioning, navigation, and timing resilience; modernizing licensing frameworks; and increasing spectrum availability for emerging space activities. This LawFlash summarizes these developments and their potential implications for stakeholders.

The Federal Communications Commission (FCC) promulgated multiple rulemakings aimed at providing more opportunities for space-adjacent companies starting in 2025. In spring 2025, it released a Notice of Inquiry (NOI) to promote the development of positioning, navigation, and timing (PNT) technologies and solutions as alternatives to the Global Positioning System (GPS).

At the end of 2025, the FCC issued a Notice of Proposed Rulemaking (NPRM) seeking to modernize space and earth station licensing by overhauling Part 25 and creating a new Part 100 with streamlined procedures. And on March 26, 2026, the FCC unanimously adopted an NPRM aimed at identifying ways to allocate spectrum availability for space telemetry, tracking, and command (TT&C) operations. Collectively, these actions signal that the FCC is taking a more forward-leaning and holistic approach to spectrum management, licensing reform, and infrastructure resilience in support of a growing commercial space economy.

POSITIONING, NAVIGATION, AND TIMING RESILIENCY NOI

PNT is essential for critical infrastructure sectors and daily applications. GPS, a US global navigation satellite system (GNSS) operated by the US Department of War (DOW), is the primary PNT source in the country. Heavy reliance on GPS creates vulnerabilities due to low-power satellite signals, indoor unavailability, and susceptibility to jamming and spoofing. The communications sector and public safety systems depend on PNT for timing and synchronization, and disruptions can impair 911, Wireless Emergency Alerts (WEA), and first responder communications. In the Cybersecurity and Infrastructure Security Agency’s 2020 report to US Congress, the agency reported that GPS disruptions could exceed one billion dollars per day in negative impacts.

The NOI titled Promoting the Development of Positioning, Navigation, and Timing Technologies and Solutions aimed to gather input on actions the FCC can take to promote complementary and alternative PNT technologies for civil use. Noting the widespread GPS reliance across key sectors such as communications, finance, transportation, emergency services, and defense, the NOI’s goal was to support a resilient “system of systems” that works with the GPS to maintain reliable PNT even when GPS is disrupted or degraded. The NOI sought comment on technologies, risks, costs, benefits, and the regulator’s roles, including spectrum management and equipment authorization.

Specifically, the FCC sought input on devices receiving unauthorized foreign GNSS signals like GLONASS and BeiDou, associated security risks, and roles of chipset vendors and wireless providers. It asked whether allowing additional foreign GNSS could improve accuracy and resilience while addressing national security concerns. The FCC also sought comment on international coordination, standards, and interference protection through bodies like the International Telecommunication Union (ITU) and the United Nations Office for Outer Space Affairs (UNOOSA). The FCC also considered whether PNT’s non-rivalrous nature favors public provision or private deployment and the implications for adoption, innovation, and market power. The FCC asked how to minimize deployment costs, leverage existing infrastructure, and facilitate interoperability and standards development.

Last month, industry sources reported that the FCC was internally circulating a draft NPRM. The NPRM is expected to address amendments to policies, service rules, allocations, and equipment authorization rules to support PNT and remove regulatory barriers, as well as define key terms for a consistent framework. The NPRM may discuss potential technologies and how they can be leveraged, as well as coordination efforts that may take place at the international level, such as the ITU and the UNOOSA.

SPACE MODERNIZATION NPRM

Through the NPRM titled Space Modernization for the 21st Century, the FCC plans to replace Part 25 of its rules with Part 100, representing a major overhaul that hopes to remove outdated rules and reorganize the new rules for clarity. By doing so, the FCC aims to develop an expedited licensing framework with bright-line measures and characteristics that place such systems as “presumed to be in the public interest.” This is a shift from the current discretionary review based on applicants’ statements justifying why the grant is in the public interest.

The Space Modernization NPRM proposes reforms to application handling to increase efficiency by simplifying requirements, establishing review timelines, shortening public notice periods, and allowing conditional grants. Notably, a proposed new review timeline would require staff to inform the applicant and public of any reasons preventing a license’s approval if no action is taken within 60 days from the public notice expiration.

Moreover, the FCC proposes to (1) modify processing round procedures for non-geostationary (NGSO) satellite systems, (2) remove surety bond requirements for geostationary-orbit (GSO) space stations and NGSO space stations of fewer than 200 satellites, and (3) simplify milestones, including removing the milestone requirement for GSOs. A proposed rule may also shift the surety bond formula from an escalating to a de-escalating bond calculation. The NPRM proposes two different calculations: one for NGSO space station licensees with 200 or more satellites and another for those with fewer than 200 satellites. The proposed changes aim to incentivize full deployment of satellites and provide flexibility in meeting deployment milestones.

The Space Modernization NPRM also proposes to extend license terms for most space and earth stations to 20 years and expand the list of modifications that can be made without prior approval. The FCC is considering a nationwide blanket license approach for earth stations to move towards a simplified authorization process. Lastly, the Space Modernization NPRM proposes that space station operators be required to share space situational awareness data.

With the comment period recently closed, it is possible that proposed rules related to this NPRM will be adopted before the end of the year.

EMERGENT SPACE OPERATIONS NPRM

The most recent NPRM titled Spectrum Abundance for Weird Space Stuff, unanimously approved by the FCC on March 26, 2026, proposes ways the FCC can make spectrum available for “emergent space operations,” which it defines as spacecraft and commercial operations in space that use radio spectrum for the control of, or communications with, a spacecraft but which are not communications satellites that provide radiocommunications services to the public. The FCC acknowledges a shortage of available spectrum for these services due to unclear categorization, federal prioritization, and otherwise usual congestion. Comments will be due 30 days after publication in the Federal Register, with reply comments due 30 days thereafter.

In this NPRM, the FCC proposes codifying “piggybacking,” allowing a spacecraft to use bands already authorized for a consenting licensed satellite, and seeks input on consent, evidence, and non US scenarios. It also seeks to clarify how emergent operations fit within existing services like fixed satellite service (FSS), mobile satellite service (MSS), Earth exploration satellite service (EESS), and Space Research Service (SRS), while keeping case by case categorization. The agency explores clarifying SRS eligibility and potentially excluding some EESS (passive) to create predictability. The NPRM also considers TT&C access by seeking input on permitting TT&C in FSS-allocated bands or even whether TT&C could be acknowledged as FSS. The NPRM also asks whether MSS or Broadcast Satellite Service (BSS) could host TT&C on similar terms and whether the definition of TT&C should include data downlinks.

The NPRM hopes to open more spectrum that is non federal, lightly used geographically, and not heavily shared with federal users, and explores flexible use, leasing, and auctions. It proposes a new secondary SOS uplink allocation at 2320–2345 MHz, citing S band (2000–4000 MHz) proximity, few users, and limited incumbent coverage in Hawaii and parts of Alaska. The FCC requests comment on international compatibility, equipment adaptability above 2320 MHz, and any technical limits needed. It also asks about nearby S band options at 2305–2315, 2315–2320, 2345–2350, and 2350–2360 MHz for command uplinks. Finally, it seeks comment on authorizing FCC-licensed satellites and inter-satellite links to provide TT&C and data downlinks.

CONCLUSION

Taken together, these proceedings show that the FCC is moving toward a more active and strategic role in shaping the future of the space economy. From strengthening PNT resilience beyond GPS and modernizing satellite and earth station licensing to opening new pathways for TT&C operations, the agency is responding to growing commercial demand and evolving national security concerns. Although each proceeding is at a different stage, they collectively signal a regulatory shift toward greater flexibility, faster processing, and more deliberate spectrum planning for space-adjacent and emergent space activities.

Stakeholders across the communications, satellite, and infrastructure sectors should watch these developments closely, as they are likely to influence both near-term business opportunities and the longer-term regulatory framework for operating in and around space.