FCC Explores New Model for Satellite Connectivity Using Unlicensed Spectrum

In an effort to improve satellite communications, the Federal Communications Commission has opened a proceeding that proposes expanding direct-to-device (D2D) satellite connectivity by employing spectrum widely used by unlicensed consumer and industrial devices. The proceeding could affect satellite operators, device manufacturers, wireless technology companies, and businesses that rely on the impacted spectrum by establishing a new technical and licensing framework for satellite use of heavily used unlicensed bands.

In the notice of proposed rulemaking (NPRM), “Unleashing Unlicensed Spectrum for Direct-to-Device,” the FCC proposes allowing satellite uplinks in the heavily used 2400–2483.5 MHz and 5725–5850 MHz bands while seeking comment on a broader framework for both Earth-to-space and space-to-Earth communications.

The proposal would make more than 200 MHz of spectrum used by Part 15 devices available for satellite connectivity while aiming to preserve existing terrestrial uses and incumbent operations.

The proceeding raises a central question: can satellite communications be introduced into bands already supporting enormous numbers of Wi-Fi, Bluetooth, IoT, and other Part 15 devices without materially changing the interference environment? It also leaves unresolved significant questions about licensing, downlinks, technical limits, device authorization, international operations, and security.

Affected stakeholders have an opportunity to help shape how the FCC answers those questions. Initial comments are due by November 9, 2026 and reply comments are due by December 7. Satellite operators, device manufacturers, incumbent users, and other interested parties should consider whether technical, operational, or other evidence could help inform the FCC’s development of the final framework.

PROPOSED SATELLITE UPLINK ALLOCATIONS

The NPRM proposes amending the US Table of Frequency Allocations to allow the 2.4 GHz and 5.8 GHz bands to be used for mobile-satellite service Earth-to-space transmissions on an unprotected non-interference basis, subject to Part 25. The FCC selected these bands because Part 15 devices may generally operate at comparatively high power, making satellite communications technically plausible.

If adopted, the proposal could eliminate the need for operators to seek case-specific waivers of the Table of Frequency Allocations, creating a more direct regulatory path for satellite uplink operations in these bands.

FCC CONSIDERS A HYBRID PART 15-PART 25 LICENSING MODEL

Part 15 permits unlicensed operation of compliant devices, but a device communicating with a satellite may qualify as an “earth station” requiring authorization under Part 25. The FCC therefore seeks comment on how to reconcile the two regulatory frameworks.

One option is “license by rule,” under which a Part 15–certified device would be licensed as an earth station when communicating with an authorized satellite, without requiring the device owner to file an individual Part 25 application. The Commission also seeks comment on alternatives, such as blanket or streamlined Part 25 authorization or a purely Part 15 approach.

For satellite operators, the FCC contemplates conventional Part 25 licensing, potentially through modifications of existing authorizations, with operations in the proposed bands proceeding on an unprotected non-interference basis.

SATELLITE DOWNLINKS PRESENT MORE COMPLEX COEXISTENCE ISSUES

The Commission is less definitive about space-to-Earth transmissions. It seeks comment on whether the 5725–5850 MHz U-NII-3 band could support satellite downlinks and whether additional downlink allocations should be adopted, but it does not propose specific rules.

Instead, the FCC is considering technical and operational limits to address interference risks, including power, aggregate emissions, geographic restrictions, and coordination mechanisms.

The central question is whether satellite downlinks can preserve the “continued operational utility” of the Part 15 ecosystem, particularly given the large geographic areas that satellites can cover and the lack of formal interference protection rights for Part 15 users.

PROPOSAL TO RETAIN EXISTING PART 15 TECHNICAL LIMITS

For Earth-to-space operation, the FCC proposes applying the existing Part 15 technical requirements in the two candidate bands, including current power and emissions limits. The NPRM also seeks comment on whether those limits will be commercially adequate or different parameters may be warranted for satellite D2D communications.

In practical terms, the record will test whether existing Part 15 devices can support commercially useful satellite links and whether purpose-built D2D devices may warrant different technical rules.

INTERNATIONAL OBLIGATIONS MAY CONSTRAIN OPERATIONS

Adding a satellite allocation to the US Table of Frequency Allocations would not create a corresponding international allocation. Operations relying on a US-only allocation would therefore be subject to ITU Radio Regulation No. 4.4, meaning they may not cause harmful interference to conforming stations or claim protection from them.

The FCC seeks comment on appropriate technical and licensing conditions for complying with US treaty obligations, including for service outside the United States and coordination with neighboring jurisdictions.

NATIONAL SECURITY CONSIDERATIONS

The NPRM also seeks comment on equipment and service provider security, including whether permitting satellite communications in widely deployed Part 15 bands could create new avenues for espionage or other malicious activity and whether particular devices, manufacturers, or entities should be excluded.

In particular, the FCC asks whether Covered List entities should be prohibited from benefiting from any license-by-rule, blanket license, or other satellite authorization framework established in this proceeding.

PROCEEDING EXTENDS BEYOND TERRESTRIAL D2D CONNECTIVITY

The NPRM also proposes to clarify that compliant Part 15 equipment may be operated inside spacecraft, subject to applicable federal and international restrictions. It separately seeks comment on Part 15 use for extravehicular activity, communications between spacecraft, and in-space servicing, assembly, and manufacturing.

The FCC is also examining unintentional radiation from satellite electronics that may affect radio astronomy or other receivers, including whether satellite hardware should be subject to Part 15–type limits and whether aggregate limits may be necessary as constellations grow.

CONSIDERATIONS FOR STAKEHOLDERS

The NPRM leaves several consequential elements of the proposed framework unresolved, giving affected stakeholders an opportunity to help shape the FCC’s approach. Initial comments are due by November 9 and reply comments are due by December 7.

Satellite operators, device manufacturers, wireless technology companies, spectrum incumbents, and other businesses whose operations could be affected by satellite use of the 2.4 GHz and 5.8 GHz bands should consider whether to participate in the proceeding.

Among other issues, stakeholders may wish to address:

• Technical feasibility and interference. Parties developing D2D services can provide data on whether existing Part 15 power and emissions limits can support commercially viable satellite links and whether different parameters are necessary. Incumbent users can develop evidence regarding potential interference, including aggregate effects from multiple satellites or constellations.
• Licensing and equipment authorization. Device manufacturers and satellite operators may want to address whether license by rule, blanket licensing, or another Part 25 framework would provide a workable authorization structure as well as whether additional equipment certification requirements would create unnecessary complexity.
• Satellite downlinks. Because the FCC has not proposed specific downlink rules, stakeholders have an opportunity to address whether downlinks should be permitted in the U-NII-3 band and, if so, what power, geographic, coordination, or other limits would be necessary to preserve existing terrestrial use.
• International operations. Operators contemplating service outside the United States may want to address the implications of ITU Radio Regulation No. 4.4, coordination with neighboring countries, and the FCC’s proposed approach to demonstrating foreign authorization.
• Security and supply chain restrictions. Equipment manufacturers, service providers, and satellite operators should assess the potential implications of restrictions involving Covered List entities and whether the FCC should impose additional eligibility or equipment requirements.

Companies considering participation should also evaluate whether technical testing, interference modeling, device data, deployment projections, or other empirical information could support their positions.

Because several of the FCC’s questions concern the practical feasibility of different regulatory approaches, a developed technical record may influence the parameters ultimately adopted.

Reply comments will provide a separate opportunity to address proposals, technical studies, and regulatory approaches advanced by other stakeholders after the initial comment period closes.

LOOKING AHEAD

The NPRM could establish a new regulatory model at the intersection of unlicensed terrestrial devices and licensed satellite communications. While the FCC has proposed opening the 2.4 GHz and 5.8 GHz bands to mobile-satellite uplinks on an unprotected non-interference basis, many of the rules that would determine whether D2D services are commercially and technically workable remain unsettled.

The comment process therefore may be particularly important for companies developing satellite connectivity services, manufacturers of devices operating in the affected bands, and incumbent spectrum users.

Stakeholders should assess the potential operational and regulatory effects of the proposals and determine whether participation in the proceeding would help ensure that the FCC has an adequate technical and commercial record before adopting final rules.