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Proposed Rule2026-18282

Unleashing Unlicensed Spectrum for Direct-to-Device

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Published
September 8, 2026
Effective
November 9, 2026

Issuing agencies

Federal Communications Commission

Abstract

The Federal Communications Commission (Commission or FCC) issues a Notice of Proposed Rulemaking proposes to expand opportunities for direct-to-device (D2D) communications by permitting certain unlicensed devices to communicate with satellites on a non-interference basis. Building on recent market growth and new industry investment in D2D technologies, the NPRM explores adding satellite allocations in specific unlicensed bands, clarifying that equipment may operate within spacecraft, and establishing a flexible regulatory framework that preserves incumbent operations while enabling continued innovation. The Commission seeks comment on technical, licensing, and policy considerations to support expanded D2D connectivity and ensure coexistence with existing services.

Full Text

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<title>Federal Register, Volume 91 Issue 172 (Tuesday, September 8, 2026)</title>
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[Federal Register Volume 91, Number 172 (Tuesday, September 8, 2026)]
[Proposed Rules]
[Pages 57110-57124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18282]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 26-169; FCC 26-51; FR ID 364887]


Unleashing Unlicensed Spectrum for Direct-to-Device

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission (Commission or FCC) 
issues a Notice of Proposed Rulemaking proposes to expand opportunities 
for direct-to-device (D2D) communications by permitting certain 
unlicensed devices to communicate with satellites on a non-interference 
basis. Building on recent market growth and new industry investment in 
D2D technologies, the NPRM explores adding satellite allocations in 
specific unlicensed bands, clarifying that equipment may operate within 
spacecraft, and establishing a flexible regulatory framework that 
preserves incumbent operations while enabling continued innovation. The 
Commission seeks comment on technical, licensing, and policy 
considerations to support expanded D2D connectivity and ensure 
coexistence with existing services.

DATES: Comments are due on or before November 9, 2026 and reply 
comments are due on or before December 7, 2026.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated in the DATES section 
above. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). You may submit comments, identified by ET Docket 
No. 21-232, by any of the following methods:
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    <bullet> Filings can be sent by hand or messenger delivery, by 
commercial courier, or by the U.S. Postal Service. All filings must be 
addressed to the Secretary, Federal Communications Commission.
    <bullet> Hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. 
by the FCC's mailing contractor at 9050 Junction Drive, Annapolis 
Junction, MD 20701. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    <bullet> Commercial courier deliveries (any deliveries not by the 
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701.
    <bullet> Filings sent by U.S. Postal Service First-Class Mail, 
Priority Mail, and Priority Mail Express must be sent to 45 L Street 
NE, Washington, DC 20554.
    <bullet> People with Disabilities: To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#a1c7c2c2949195e1c7c2c28fc6ced7"><span class="__cf_email__" data-cfemail="2a4c49491f1a1e6a4c4949044d455c">[email&#160;protected]</span></a> or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT: Hugh L. Van Tuyl of the Office of 
Engineering and Technology at <a href="/cdn-cgi/l/email-protection#92dae7f5fabcc4f3fcc6e7ebfed2f4f1f1bcf5fde4"><span class="__cf_email__" data-cfemail="21695446490f77404f7554584d614742420f464e57">[email&#160;protected]</span></a> or (202) 418-7506.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), in ET Docket No. 26-169, FCC 26-51, 
adopted on August 6, 2026, and released on August 7, 2026. The full 
text of this document, is available for public inspection and can be 
downloaded at <a href="https://docs.fcc.gov/public/attachments/FCC-26-51A1.pdf">https://docs.fcc.gov/public/attachments/FCC-26-51A1.pdf</a>. 
Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format) by sending an 
email to <a href="/cdn-cgi/l/email-protection#abcdc8c89e9b9febcdc8c885ccc4dd"><span class="__cf_email__" data-cfemail="99fffafaaca9add9fffafab7fef6ef">[email&#160;protected]</span></a> or calling the Commission's Consumer and

[[Page 57111]]

Governmental Affairs Bureau at (202) 418-0530 (voice).
    Ex Parte Presentations. The proceeding this document initiates 
shall be treated as a ``permit-but-disclose'' proceeding in accordance 
with the Commission's ex parte rules. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in the proceeding should familiarize themselves with the 
Commission's ex parte rules.
    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) concerning the potential impact 
of the rule and policy proposals in this document on small entities. 
The IRFA is set forth in Appendix B to the Notice of Proposed 
Rulemaking. The Commission invites the general public, particularly 
small businesses, to comment on the IRFA. Comments must be filed by the 
deadlines for comments on the Third Further Notice of Proposed 
Rulemaking indicated in the DATES section above and must have a 
separate and distinct heading designating them as responses to the 
IRFA.
    Paperwork Reduction Act Analysis. This document does not contain 
proposed information collection(s) subject to the Paperwork Reduction 
Act of 1995 (PRA), 44 U.S.C. 3501 3521. In addition, therefore, it does 
not contain any new or modified information collection burden for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business Paperwork Relief Act of 2002, 44 U.S.C. 3506(c)(4).
    Providing Accountability Through Transparency Act. Consistent with 
the Providing Accountability Through Transparency Act, Public Law 1189-
9, a summary of the Notice of Proposed Rulemaking will be available at 
<a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
    OPEN Government Data Act. The OPEN Government Data Act requires 
agencies to make ``public data assets'' available under an open license 
and as ``open Government data assets,'' i.e., in machine-readable, open 
format, unencumbered by use restrictions other than intellectual 
property rights, and based on an open standard that is maintained by a 
standards organization. This requirement is to be implemented ``in 
accordance with guidance by the Director'' of the OMB. The term 
``public data asset'' means ``a data asset, or part thereof, maintained 
by the Federal Government that has been, or may be, released to the 
public, including any data asset, or part thereof, subject to 
disclosure under [the Freedom of Information Act (FOIA)].'' A ``data 
asset'' is ``a collection of data elements or data sets that may be 
grouped together,'' and ``data'' is ``recorded information, regardless 
of form or the media on which the data is recorded.''

Synopsis

    Introduction. Direct-to-device (D2D) technology has undergone a 
transformative wave of investment and innovation in recent years, with 
American companies leading the way yet again. Since the Commission 
adopted its pioneering framework to enable Supplemental Coverage from 
Space, consumers have benefitted from the ubiquitous--and often 
lifesaving--connectivity that D2D provides in areas with inadequate 
cellular coverage. And as advances in D2D technology occur at a faster 
clip each day, innovators and entrepreneurs have adopted diverging 
theses on the likelihood of intermodal convergence and the need for 
predictable D2D spectrum access. Some analysts project more than $100 
billion in revenues across all D2D and IoT segments by 2034. 
Predictions like these have translated into frothy dealmaking over the 
last 18 months, as more than $40 billion has coursed through the 
American space economy for D2D. In 2025, SpaceX acquired 65 megahertz 
of D2D spectrum from EchoStar for $19.6 billion. AST announced a $550 
million agreement to use L-band spectrum licensed to Ligado. And most 
recently, Amazon and RocketLab struck separate deals collectively 
totaling nearly $20 billion to acquire Globalstar and Iridium 
respectively, including their D2D spectrum portfolios. To enable 
healthy market discovery, the Space Bureau recently issued long-awaited 
legal clarity to reaffirm American innovators' exclusively-held D2D 
spectrum rights.
    The Commission intends to allow the current wave of D2D 
experimentation and dynamism to unfold, consistent with the principles 
of technological neutrality and regulatory humility. So, today the 
Commission take the next step to secure America's leadership in D2D by 
exploring proposals that would allow devices operating in more than 200 
megahertz of spectrum available for unlicensed devices to communicate 
with satellites authorized to provide service in the United States. In 
the Notice of Proposed Rulemaking (NPRM), the Commission examines 
potential reforms to enable devices operating in some of the part 15 
bands to communicate with FCC-authorized satellites, whether on an 
uplink or downlink basis. The Commission also proposes to clarify that 
using equipment authorized under the part 15 rules is permitted within 
FCC-authorized spacecraft. Unlicensed spectrum may be suitable to 
support the capacity requirements and complement other bands for D2D 
services. Devices operating under the part 15 rules are widely used by 
businesses and consumers and include Wi-Fi and Bluetooth transmitters 
for wireless local area connectivity, medical imaging devices, wireless 
microphones, automobile and garage door opener remote controls, and IoT 
sensors. By eliminating the burden and cost to obtain a Commission 
spectrum license, the Commission's part 15 rules have spurred 
innovation in new devices and applications that successfully coexist 
with other licensed and unlicensed

[[Page 57112]]

services. Unlocking unlicensed bands for D2D promises to open up new 
services that seamlessly integrate devices across terrestrial and 
satellite platforms and provide consumers with another option for 
connectivity.
    In this document, technological neutrality and regulatory 
humility--principles that have long shaped the Commission's approach to 
unlicensed spectrum--will guide its analysis. As an initial matter, in 
considering new unlicensed services, the Commission intends to preserve 
the operational status quo of the spectral environment for incumbent 
and authorized services, as well as for the terrestrial part 15 devices 
that consumers and businesses rely upon every day. The Commission also 
recognizes that technical standards and coordination mechanisms for 
space-based use of these bands remain in an early and evolving stage, 
and the Commission does not believe it would be prudent to lock in 
prescriptive technical rules before the record and industry practice 
have had the opportunity to mature. And consistent with the 
Commission's history of light-touch regulation of unlicensed spectrum, 
the Commission intends to afford industry the breathing room to 
experiment within a regulatory sandbox, allowing new entrants and 
incumbents alike to develop and test new services under flexible, non-
interference-based rules rather than a rigid licensing framework 
designed for a different era of satellite operations or even incumbent 
unlicensed protocols. The Commission believes that adherence to these 
principles may allow us to responsibly expand the universe of spectrum 
available for direct-to-device and other space-based applications while 
safeguarding the interference-free environment that has made part 15 
spectrum such a valuable and productive resource for the American 
public.
    Background. Part 15 of the Commission's rules contains technical 
specifications, administrative requirements, and other conditions 
relating to the marketing of radio frequency (RF) devices that may be 
operated without an individual license. Part 15 contains technical 
regulations for two broad categories of radio frequency devices: (1) 
intentional radiators, which intentionally generate and emit RF energy 
by radiation or induction, and (2) unintentional radiators, which 
intentionally generate RF energy for use within the device or send 
signals by conduction to associated equipment via connecting wiring, 
but which are not intended to emit RF energy by radiation or induction.
    Intentional radiators may operate on an unlicensed basis under part 
15 in almost any frequency band at very low power levels, with the 
exception of designated restricted bands where only spurious emissions 
are permitted. The restricted bands are designated to protect sensitive 
radio services, such as those that protect safety-of-life or those that 
use very low received signal levels, such as satellite downlinks or 
radio astronomy. The power levels permitted under part 15 in most 
frequency bands are suitable for communication only over very short 
ranges, such as a few meters, or with low data rates. In addition, part 
15 specifies a number of frequency bands where intentional radiators 
may operate at significantly higher power levels, subject to technical 
requirements to protect authorized services from harmful interference, 
including the 2400-2483.5 MHz and 5725-5850 MHz bands. These bands, 
unlike many other bands where unlicensed devices can operate at higher 
power, do not have airborne restrictions or satellite allocations, with 
the exception of the 5830-5850 MHz band, which contains an amateur 
satellite downlink allocation. Unlicensed devices may generally 
transmit with up to 4 watts (36 dBm) EIRP in these bands. By taking 
advantage of this higher power, unlicensed devices can provide high 
data rate connectivity over substantial distances. These higher power 
part 15 bands are the home to vast numbers of consumer devices that 
successfully coexist without the need for licensing or frequency 
coordination.
    Because unintentional radiators do not intentionally emit 
radiation, they do not have the same constraint as intentional 
radiators to avoid restricted frequency bands. In general, they must 
comply with radiated emission limits at frequencies of 30 MHz and 
above. Regardless of the type of device, e.g., intentional or 
unintentional radiator, part 15 device operations are subject to the 
conditions that they do not cause harmful interference to authorized 
services and must accept any interference that occurs. The operator of 
a radiofrequency device is required to cease operating it upon 
notification by a Commission representative that the device is causing 
harmful interference, and operation may not resume until the condition 
causing the harmful interference has been corrected.
    Part 15 devices must generally be authorized under either the 
certification or the Suppliers Declaration of Conformity (SDoC) 
procedure prior to importation and marketing. Most intentional 
radiators require authorization under the certification procedure, and 
most unintentional radiators may take advantage of the SDoC procedure, 
but may also use the certification procedure. Devices authorized under 
the certification procedure must be tested by an FCC-recognized 
accredited testing laboratory to demonstrate that they comply with the 
FCC rules.
    Discussion. In this document, the Commission explores making 
frequency bands commonly used by devices operating under the part 15 
unlicensed rules available for space-based communication applications. 
Specifically, the Commission proposes and seeks comment on rule 
modifications to enable devices operating consistent with the part 15 
technical rules to communicate with satellites in the Earth-to-space 
and space-to-Earth directions that are United States-licensed or non-
United States-licensed and have been granted market access by the 
Commission, as well as on the appropriate regulatory model and 
technical requirements necessary to prevent harmful interference to 
authorized services and adverse impacts on terrestrial part 15 devices. 
The Commission also proposes to clarify that the use of equipment 
authorized under the part 15 rules is permitted on board spacecraft, 
subject to any other applicable restrictions, such as those of federal 
agencies and international treaties. Additionally, the Commission seek 
comment on other scenarios and types of applications in which devices 
operated under the part 15 rules could be used in space, including the 
specific frequency bands that would be suitable for their operation, 
and whether the current part 15 requirements would be appropriate for 
these applications.
    Legal Authority. The Commission has maintained rules governing non-
licensed operation of certain types of RF devices, such as receivers 
and low power transmitters, for more than 80 years. Such devices must 
adhere to the specifications found in part 15 of the Commission's 
rules, which do not explicitly address whether part 15 devices may be 
operated in space.
    Under the Communications Act of 1934, as amended (the Act), the 
Commission has broad jurisdiction over ``all interstate and foreign 
communication by wire or radio and all interstate and foreign 
transmissions of energy by radio, which originates and/or is received 
within the United States, and to all persons engaged within the United 
States in such communication or such transmission of energy by radio.'' 
Furthermore, the Commission is charged with regulating radio spectrum 
across the United States in a manner

[[Page 57113]]

that serves the public interest. Section 301 of the Act provides the 
Commission with jurisdiction over radio-communication stations, 
including those operating ``upon any . . . mobile stations within the 
jurisdiction of the United States.'' The Commission has long held that 
its jurisdiction under these provisions is not affected when such radio 
activity involves a station, instrumentality, apparatus, or facility 
that happens to be in space. Indeed, the FCC has long exercised 
jurisdiction over apparatus used for radiocommunications in space under 
part 25 of the Commission's rules governing satellite communications. 
Accordingly, the Commission has jurisdiction over apparatus otherwise 
regulated under part 15 of the Commission rules when such apparatus are 
operating in, or intended to be operated in, space.
    Earth-to-Space and Space-to Earth Operations. The recent growth in 
the satellite, space, and AI industries is significantly increasing 
demand for spectrum to support new applications in space and between 
Earth and space, including traditional communications links, D2D 
services, as well as nascent applications, such as in-space servicing, 
assembly, and manufacturing (ISAM). The Space Bureau recently approved 
an application that uses satellite uplinks in the 2400-2483.5 MHz 
frequency band that is heavily used by part 15 devices, noting that 
these bands would only be used from specific gateway locations for 
these uplinks. It previously approved other applications for satellites 
to receive signals from terrestrial devices operating in frequency 
bands available under the part 15 rules, but for infrequent use from a 
single United States location. In the interest of making more intensive 
and efficient use of spectrum to satisfy growing industry needs, 
including D2D communication services, the Commission seeks comment on 
allowing new types of satellite operations under part 25, both 
downlinks (space-to-Earth) and uplinks (Earth-to-space), in the bands 
where the part 15 rules permit higher power operation.
    The approach on which the Commission seeks comment is somewhat 
similar to what is being done in Europe, where a frequency band used 
for short range (unlicensed) devices is being used on a limited basis 
for communications between short range (unlicensed) devices and 
satellites. The Commission also seeks comment on how it could reduce 
unnecessary regulatory barriers to permit new types of satellite 
applications to operate under the part 15 framework.
    Unlicensed access points operating under part 15 have become 
ubiquitous within buildings to provide connectivity to portable 
devices, such as smartphones, laptops, smartwatches, and IoT devices. 
Unlicensed access points are also often deployed to provide 
connectivity in outdoor locations and can have an outdoor range of 
several kilometers. Permitting Earth-to-space and space-to-Earth 
communications with space stations authorized under part 25 using 
devices operating consistent with the existing part 15 technical rules 
would allow consumer-grade equipment--such as smartphones, laptops, and 
IoT sensors--additional connectivity options where there is no 
terrestrial coverage. The Commission seeks comment on this assumption. 
This concept mirrors the Commission's actions in providing for 
Supplemental Coverage from Space (SCS), in which satellites provide 
service on a secondary basis in spectrum bands that are licensed to 
terrestrial wireless carriers (600 MHz, 700 MHz, 800 MHz, Broadband 
PCS, and AWS-H Block), but without imposing additional licensing 
burdens on end-user equipment. By leveraging certain bands where higher 
power unlicensed device usage is permitted under part 15 (e.g., 2400-
2483.5 MHz and 5725-5850 MHz), but which do not have airborne 
restrictions or satellite allocations, satellites could receive signals 
from devices operating under the current part 15 limits and transmit to 
these devices using similar signal levels.
    The Commission seeks comment on whether satellite uplinks present a 
more manageable coexistence environment than satellite downlinks in the 
candidate bands. The Commission also asks whether unlicensed D2D 
services would be concentrated in rural, underserved, or unserved 
areas. The Commission believes, and seeks comment on whether, any 
change to the terrestrial radio environment could be at a level low 
enough so as to not increase the potential for harmful interference to 
authorized services or adversely impact terrestrial-based part 15 
devices' ability to successfully communicate. If possible, such an 
innovation could enable billions of existing devices that comply with 
the part 15 unlicensed rules using protocols such as Wi-Fi and 
Bluetooth to connect to satellites using existing communication 
protocols. The Commission seeks comment on the foregoing. Allowing part 
15 devices to connect with satellites in these bands on a non-
interference basis would promote effective and efficient spectrum 
utilization. The Commission therefore proposes and seeks comment on 
satellite use of these two bands, i.e., 2400-2483.5 MHz and 5725-5850 
MHz and seek comment on whether there are any other bands that the 
Commission should consider. The Commission's goal is to develop a 
record of how to enable such operations without adversely impacting 
other users in these or other bands, and a framework that might be used 
to authorize them.
    Allocation Matters. While the part 15 rules contain requirements 
for devices that can be operated without an individual license, part 15 
is not a radio service. Thus, there are no allocations in the Table of 
Frequency Allocations for devices operating under the Commission's part 
15 rules. Rather, part 15 devices operate on a non-interference basis, 
meaning that they cannot cause interference to authorized services and 
must accept any interference received.
    The part 15 rules do not prohibit using terrestrial-based equipment 
to transmit to satellites, but they also do not contain any provisions 
that explicitly permit this type of operation. Similarly, part 15 does 
not prohibit operation from satellites in the 2400-2483.5 MHz and 5725-
5850 MHz bands, but for various reasons, e.g., power limitations, 
satellite licensing requirements, and international regulations, no 
parties are operating satellite links under the part 15 rules. In 
addition, the technical parameters governing part 15 devices were 
devised assuming terrestrial operations, not operations in space or to 
devices in space. The Commission seeks comment on possible rule changes 
that would support satellite services in these three frequency bands, 
as well as other frequency bands where the part 15 rules permit higher 
power operations. In this Section III.B.1, the Commission considers the 
cases of Earth-to-space and space-to-Earth operations and what changes 
might be necessary to the Table of Frequency Allocations to accommodate 
both types of operation.
    Earth-to-space. Recently, parties have developed systems that use 
transmitters operating in accordance with part 15 of the rules for 
transmissions from Earth-to-space. Specifically, Hubble Network, Inc. 
(Hubble) was granted a satellite license to receive signals from 100 
milliwatt (20 dBm) terrestrial devices operating in the 2482.710675-
2483.424 MHz portion of the 2400-2483.5 MHz band with technical 
parameters consistent with part 15 Bluetooth Low Energy device 
operations. Because there is no allocation for satellite operation in 
the 2400-2483.5 MHz band and Hubble's operations were licensed as earth 
stations under the part 25 rules, a

[[Page 57114]]

waiver of the Table of Frequency Allocations was required. This waiver 
was granted for infrequent use from a single United States location.
    The Commission believes that streamlining the rules to permit 
satellites to receive signals from terrestrial devices operating under 
the part 15 technical rules in certain bands would benefit the public 
by facilitating the development of new and innovative wireless 
communication products and services, such as those developed by Hubble. 
The Commission seeks comment on its tentative conclusion. As discussed 
below in the section on licensing requirements, the Commission is 
seeking comment on several alternatives for authorizing terrestrial 
devices operating consistent with the part 15 rules to transmit in the 
Earth-to-space direction, including licensing them by rule to 
communicate with FCC-licensed satellites or non-US-licensed satellites 
that have been granted market access by the Commission, or by licensing 
them as earth stations under part 25 of the Commission's rules.
    Because satellite earth station and space station licenses require 
a satellite frequency allocation for each frequency band in which they 
operate, it is currently necessary to grant a waiver of the Table of 
Frequency Allocations for each license application that requests 
operation in any other band, including those available for higher 
powered part 15 operations, as was done for Hubble. A simpler long-term 
approach would be to modify the Table of Frequency Allocations to 
include satellite (Earth-to-space) frequency allocations in bands where 
the Commission would permit such uplinks to operate.
    Accordingly, to provide the ability for earth and space stations to 
obtain operating authority (either on a licensed or unlicensed basis) 
in a more streamlined manner without the need for a waiver, the 
Commission proposes to add a new footnote to the Table of Frequency 
Allocations that will allow Earth-to-space operations in the 2400-
2483.5 MHz band. Additionally, to make more spectrum available for 
uplink purposes, the Commission proposes to add a satellite uplink 
allocation via this new footnote in the 5725-5850 MHz band as well. The 
Commission limits its proposal to these two bands because part 15 
devices are generally permitted to operate with power levels up to 4 
watts (36 dBm) EIRP in these bands, which makes it potentially feasible 
to transmit to satellites. These bands, unlike other bands where higher 
power operation is permitted, also currently have no satellite uplink 
or downlink allocations, with the exception of the 5830-5850 MHz band. 
The Commission further proposes that devices licensed to operate under 
these allocations would be on a non-interference basis to other 
authorized services in the bands, the same requirement that applies to 
part 15 unlicensed device operations for these bands whether 
transmitting between terrestrial stations or to a satellite. That is, 
they may not cause harmful interference to authorized services and must 
accept any interference received, including from devices operating 
under part 15 of the rules and ISM equipment. Further, as discussed in 
the technical requirements section below, the Commission proposes no 
change to the current part 15 power limit for devices transmitting to 
satellites whether the devices operate on a licensed or unlicensed 
basis, thus there will be no change to the interference environment as 
a result of this proposal. The Commission seeks comment on the 
proposals in this paragraph.
    Is it necessary to add an allocation for satellite operations in 
the Earth-to-space direction to either or both of these bands, and if 
so, in which bands or portions of these bands? What type of satellite 
service allocations should be added, e.g., FSS, MSS, or other? Do 
commenters agree or disagree with the Commission's proposal that all 
satellite operations in the proposed bands would be on a non-
interference basis; even if licensed? Commenters that advocate for a 
different allocation status--primary or secondary--should provide 
justification for their position, including analysis for how such 
communication links would operate vis-[agrave]-vis other links, both 
licensed and unlicensed, and what effect a higher allocation status 
might have on existing part 15 operations. What is the appropriate 
method for adding an allocation? The Commission proposes to add a 
footnote allocation, but seeks comment on whether a direct table 
allocation would be a better regulatory approach. How much operational 
and technical detail should be in any added footnote? What other 
factors should the Commission consider in deciding what changes are 
appropriate? The Commission seeks comment on these questions.
    Space-to-Earth. Space-to-Earth transmissions can have a larger area 
of impact than terrestrial transmissions because the space-to-Earth 
signal can cover a much wider area than terrestrial-based equipment due 
to the higher altitudes of satellites compared with terrestrial 
devices. However, given the proper technical and operating parameters, 
it may be possible that frequency bands available for higher-power 
operation under the part 15 rules could be used for satellite downlink 
operations while co-existing with authorized services and terrestrial 
part 15 users, similar to what was recently permitted in Europe. In 
that case, the Electronic Communications Committee (ECC) of the 
European Conference of Postal and Telecommunications Administrations 
released a decision document describing the conditions under which low 
power devices operating in the 862-870 MHz band may be authorized to 
communicate with satellites, and satellites may may be authorized to 
communicate with terrestrial devices in this band. Since numerous 
unlicensed devices share spectrum on a non-interference basis, the 
Commission believes that any satellite downlink operations in the bands 
available under the part 15 rules should also be on a non-interference 
basis, consistent with these rules and the Commission's proposal for 
satellite uplinks. The Commission seeks comment on this conclusion. 
Under this approach, the Commission would establish technical rules for 
satellite operations (e.g., PFD limits, beamwidth limits, or other 
technical requirements) designed to minimize the potential for adverse 
impacts on terrestrial part 15 devices as discussed in more detail in 
the technical requirements section below.
    The Commission seeks comment on whether the U-NII-3 band (5725-5850 
MHz) could be used for satellite downlink operations because it has no 
existing satellite uplink or downlink allocations except as noted 
above. The Commission seeks comment on this particular band because the 
higher frequency and correspondingly shorter wavelengths, as compared 
to the 2400-2483.5 MHz band, would allow for the use of smaller, more 
directional satellite antennas that could help limit the satellite beam 
footprint on Earth. However, the Commission recognizes that other 
frequency bands could be useful for satellite downlinks as well and 
seeks comment below on whether there are other frequency bands that 
could be used for this purpose.
    If the Commission were to allow space-to-Earth satellite operations 
in the U-NII-3 band, what type of amendments to the Table of Frequency 
Allocations would be necessary? Would FSS and/or MSS allocations in the 
space-to-Earth direction be appropriate? The Commission seeks comment 
on whether operation, including licensed operation, under a satellite 
allocation in this band would be on the same non-interference basis as 
part 15 devices, as the Commission proposed above for the

[[Page 57115]]

Earth-to-space links. Are there alternatives that the Commission should 
consider? Could the Commission make allocation changes through a new 
footnote, which could clearly state what services devices would have to 
protect, e.g., that satellite downlink operations are on a non-
interference basis to other services and users that share the band with 
part 15 devices? Should the Commission also includes an allocation for 
inter-satellite links, and if so, what allocation changes would be 
necessary to accommodate that use? What other factors should the 
Commission consider? Alternatively, could such operations be conducted 
on a purely part 15 unlicensed basis? If so, how could the Commission 
address foreign operators and compliance with other requirements such 
as ITU filings and orbital debris showings? If the Commission were to 
authorize inter-satellite links, should they be authorized under the 
same mechanism as the space-to-Earth links or is a different mechanism 
needed?
    Other frequency bands. While the Commission proposes and seeks 
comment on making more spectrum available for D2D satellite operations 
in certain frequency bands where higher-power unlicensed part 15 
operations are permitted, the Commission recognizes that these bands 
contain a finite amount of spectrum. Over time, as satellite use 
increases, these bands may not have enough spectrum to accommodate 
future satellite applications. The Commission therefore seeks comment 
on any additional frequency bands that could be used to accommodate 
expanded D2D satellite operations under an operational and technical 
framework consistent with part 15 technical rules.
    Are there any other bands that are used by unlicensed devices where 
the Commission could add satellite allocations, either uplinks, 
downlinks, or both? For example, should the Commission add a satellite 
downlink allocation in the 2400-2483.5 MHz band? What would be the 
advantages and disadvantages of a satellite downlink allocation in that 
band as opposed to the U-NII-3 (5725-5850 MHz band)? Are there any 
other U-NII bands, i.e., in the 5 GHz and 6 GHz bands, where the 
Commission could possibly add either satellite uplink or downlink 
allocations? The Commission notes that other U-NII bands contain 
satellite allocations as well as other services that must be protected, 
so parties that suggest the use of additional frequency bands should 
provide an analysis of how communications with satellites could operate 
in those bands without causing harmful interference to authorized 
services or adversely affecting the operation of terrestrial part 15 
devices. Similarly, if the Commission were to authorize inter-satellite 
links, what other bands might be appropriate for such transmissions 
under the framework the Commission is proposing here?
    Licensing Framework. The Commission seeks comment on whether 
devices designed consistent with existing part 15 technical 
requirements intending to operate under the allocations proposed above 
need to do so under a licensed approach and what would be an 
appropriate licensing framework. Specifically, the Commission seeks 
comment below on whether to modify its rules to permit equipment 
certified under the Commission's part 15 rules to communicate with 
certain categories of satellites through a ``license by rule'' 
framework under part 25 of the Commission's rules governing satellite 
communications. The Commission also seeks comment on whether to use a 
streamlined licensing approach for such equipment under the 
Commission's part 25 rules governing earth station blanket licensing. 
For an apparatus that is intended to transmit and/or receive 
radiocommunications in space, the Commission seeks comment on using its 
existing part 25 rules to license such operations, as well as on 
potential alternatives. The Commission discusses these potential 
licensing frameworks in detail below.
    Background. As previously observed, section 301 of the Act requires 
a license from the FCC for radiocommunication stations, including ``any 
mobile station within the jurisdiction of the United States.'' A device 
operating pursuant to part 15 of the Commission's rules is also a 
``station'' under its rules, which define a station as ``[o]ne or more 
transmitters or receivers or a combination of transmitters and 
receivers, including the accessory equipment, necessary at one location 
for carrying on a radiocommunication service, or the radio astronomy 
service.'' Although the Commission has long authorized users to operate 
radiocommunication stations under part 15 of its rules based on 
equipment certification rather than station licensing, devices either 
communicating with stations in space or communicating with stations on 
Earth from space themselves appear to fall within the definitions of 
``earth station'' or ``space station'' under the Commission's rules and 
are required to be authorized under part 25 as satellite 
communications, which generally requires a license from the Commission.
    The Commission has excepted certain categories of stations 
authorized under part 25 from having to obtain individual station 
licenses. For example, the Commission does not require licenses for 
receive-only earth stations communicating with U.S-licensed space 
stations in the Fixed-Satellite Service (FSS), but instead permits 
voluntary registration of such stations in order to protect them from 
harmful interference in frequency bands shared co-equally with 
terrestrial fixed service. The Commission also permits a large number 
of technically-identical stations to be authorized under certain 
circumstances as part of a single ``blanket license'' that permits 
those stations to deploy anywhere within the geographic area specified 
in the license without site-specific coordination. In addition, under 
its Supplemental Coverage from Space (SCS) framework adopted in 2024, 
the Commission adopted a ``license by rule'' framework that permits 
terrestrial wireless equipment that meets the equipment certification 
requirements in other parts of the Commission's rules (e.g., part 24 or 
part 27) to communicate with satellites as a satellite earth station 
under part 25 of the Commission's rules, but without requiring an 
individual earth station license for the equipment.
    User Equipment. The Commission seeks comment on whether to modify 
its part 25 rules to permit devices certified under the Commission's 
part 15 regulatory framework to communicate with certain categories of 
satellites on a licensed-by-rule basis. This ``license by rule'' 
framework would be similar to the approach taken for SCS, under which 
equipment meeting the equipment certification requirements under other 
parts of the Commission's rules are permitted to communicate with 
United States-licensed space stations or non-United States-licensed 
space stations that have received a grant of United States market 
access as satellite earth stations under part 25. Under this ``license 
by rule'' framework, a device operating consistent with the part 15 
rules and within certain bands (e.g., 2400-2483.5 MHz or 5725-5850 MHz) 
would be also licensed as an earth station by rule without the need to 
file and receive approval for a part 25 earth station application for 
additional authority, provided that the device is operating within the 
technical parameters of its equipment authorization. As noted, the 
Commission's intent in seeking to permit devices that meet part 15 
technical parameters to communicate with satellites is to expand such

[[Page 57116]]

devices' reach and scope without changing their regulatory status 
regarding harmful interference. Thus, all such devices would operate on 
a non-interference basis. The Commission seeks comment on this possible 
regulatory framework.
    The Commission also seeks comment on whether, as an alternative to 
the ``license by rule'' framework, it would be appropriate to adopt a 
blanket license framework under part 25 for devices certified under the 
Commission's part 15 regulatory framework and operating in one of the 
designated bands to communicate with satellites. If so, the Commission 
seeks comment on what application and operational requirements should 
govern such blanket licenses. What information about the devices would 
be required to be provided in an application for such a blanket earth 
station license? Would the information provided need to be the same as 
currently required for earth station applications under part 25, or 
would a streamlined ``light touch'' approach be appropriate? What 
informational requirements under the Commission's current or proposed 
rules governing earth station applications is unnecessary under such a 
``light touch'' approach to blanket licensing of earth stations? Who 
would be the license holder for the user equipment, and would such a 
license holder be required to have operational control over the 
devices, which is an essential characteristic of a licensee? Should 
there be a numerical limit on the number of user equipment devices that 
could be applied for under a single blanket earth station license? What 
would be the appropriate geographic area for deployment of user 
equipment? What are the comparative benefits and costs of each approach 
(i.e., license by rule versus blanket licensing)? Finally, as with the 
license-by-rule approach, devices operating under a blanket license 
approach would similarly be required to operate on a non-interference 
basis. The Commission seeks comment on these questions. The Commission 
also seeks comment on whether any other alternative regulatory 
frameworks would be appropriate for permitting certified part 15 
devices to communicate with certain categories of satellites. Could 
these devices be permitted to communicate with satellites under the 
part 15 rules without also requiring operators to obtain a license 
under a different rule part? For example, could the Commission develop 
a new license-by-rule construct under which equipment certified as 
compliant with the part 15 technical rules is automatically authorized 
as a part 25 earth station when communicating with Commission-
authorized space stations? If so, what part 15 and part 25 rule 
modifications would be required to accomplish this? Could a lightweight 
licensing system satisfy national-security considerations? Are there 
any other licensing and sharing frameworks beyond pure part 15 or 
hybrid part 15/part 25 models that the Commission should consider, 
including fully licensed approaches, alternative secondary or 
opportunistic frameworks, and any other others that could accelerate 
investment and deployment for D2D? If so, commenters should describe 
suggested frameworks and their benefits.
    The Commission also seeks comment on whether any build-out 
requirements would be necessary under the proposed framework. Because 
devices operating in the designated bands would operate on a non-
interference basis and would not preclude use of the bands by other 
potential spectrum users, it may not be necessary to apply to any 
blanket license the build out requirements of Sec.  25.133 of the 
Commission's rules. The Commission seeks comment on such an approach. 
Alternatively, the Commission seeks comment on whether it should apply 
a similar build-out period to ensure prompt use by the public. 
Commenters advocating an alternative approach should provide their 
thoughts on how the Commission would apply build-out requirements for 
part 15-compliant devices functioning as earth stations. The Commission 
seeks comment on these questions.
    Satellites. The Commission seeks comment on using the part 25 
licensing regime to authorize space stations to transmit and receive in 
frequency bands where part 15 unlicensed devices are permitted to 
operate at higher power levels. This licensing regime could follow the 
general framework for authorizing space stations to provide SCS. The 
Commission seeks comment on allowing applicants to apply for an initial 
geostationary-orbit (GSO) or NGSO space station authorization, or to 
modify an existing authorization, to include a space station operating 
in specific bands consistent with the Commission's proposals to update 
the Table of Frequency Allocations by including satellite allocations 
where none exist today. Relatedly, this would include space stations 
included in a petition for declaratory ruling to obtain United States 
market access for a non-United States-licensed space station. Further, 
consistent with the approach taken here, the Commission proposes that 
any such operations would be on an unprotected, non-interference basis, 
consistent with part 15 operations. The Commission also expects that in 
most, if not all, instances satellites will not operate exclusively 
using these designated frequency bands, but rather they will operate 
primarily using frequencies allocated for the provision of other 
satellite services, such as FSS, mobile-satellite service (MSS), or 
Space Operation Service. As such, operations under the Commission's 
proposed framework would, similar to SCS, provide satellite operators 
and consumers with capacity where none may otherwise be available for 
devices designed for part 15 operations. The Commission seeks comment 
on these views and whether satellite operators would plan on taking 
advantage of this low cost connectivity alternative. Alternatively, the 
Commission seeks comment on whether it is possible to authorize any 
space station operations--for example, receive-only operations that 
downlink using frequency bands separately licensed by the FCC--through 
a license-by-rule provision, analogous to the framework envisioned for 
terrestrial devices above, without an individual license for the space 
station. Would such a license-by-rule framework for space station 
operations in bands used by unlicensed devices be applicable to 
requests for United States market access by non-US-licensed space 
stations in such bands? Would the Commission still be able to obtain 
information about orbital debris mitigation plans of the applicant, as 
required by the Commission's rules?
    The Commission also seeks comment on what processing and service 
rules should be applied to space stations operating in the designated 
frequency bands. If such stations are required to operate on an 
unprotected, non-interference basis, the Commission seeka comment on 
whether such stations could be authorized outside of the Commission's 
processing frameworks for GSO-like and NSGO-like space stations, since 
neither first-come, first-served nor processing round procedures appear 
necessary to establish priority vis-[agrave]-vis other space station 
licensees. Proposed operations of the satellite in traditional 
satellite frequency bands, however, would still be subject to first-
come, first-served or processing round requirements, as applicable. The 
Commission seeks comment on these processing frameworks. The Commission 
also seeks comment on whether it should adopt or modify any service 
rules in part 25 to take into account space stations

[[Page 57117]]

communicating with devices certified under part 15. For example, 
although Sec.  25.289 of the Commission's rules protects GSO systems 
from NGSO systems, the Commission has pointed out that this provision 
only applies to FSS and Broadcasting-Satellite Service (BSS) operations 
and does not apply to satellite operations in MSS bands. Accordingly, 
because the operations the Commission proposes would be on an 
unprotected, non-interference basis, the Commission does not expect 
that any such provisions would apply. The Commission seeks comment on 
this approach to satellite licensing and on any alternative processing 
and service rules for space stations operating in the designated 
frequency bands.
    The Commission also seeks comment on what technical information 
must be supplied as part of an application to operate a space station 
in the designated frequency bands. Because the Commission expects that 
these new frequency bands would be included in addition to traditional 
satellite bands, which would need to go through normal processing 
procedures, the Commission does not believe that any extra information 
beyond listing the bands and associated power levels and emissions are 
necessary, as any other requirements, such as orbital debris mitigation 
plans, should already be accounted for as part of any space station 
application to operate in traditional satellite bands. The Commission 
seeks comment on this view. However, should any satellite operator 
intend to launch a satellite that operates solely in the designated 
frequency bands, then the Commission believes full satellite-relevant 
information, as required under part 25, such as a plan for orbital 
debris mitigation, an ITU satellite network filing, and a brief 
description of the coverage areas that will be served, would be 
necessary. The Commission seeks comment on this view. What information 
would need to be provided to demonstrate compliance with the technical 
and service rules discussed below, and in what format should that 
information be provided? The Commission seeks comment on these 
questions.
    In addition, the Commission seeks comment on whether any 
certifications need to be provided by an applicant as part of its 
application to operate in any of the designated frequency bands? Is it 
sufficient for the applicant to certify that the space station 
operations in the designated frequency bands will comport with any 
technical parameters that the Commission adopts for such operations? In 
addition, is it sufficient for applicants to certify compliance with 
any technical and service rules adopted as part of this document, or is 
a demonstration of compliance necessary? The Commission seeks comment 
on these questions.
    The Commission also seeks comment on allowing the satellite 
operator to choose its regulatory status as either a common carrier or 
non-common carrier, as is allowed under the Commission's part 25 rules 
and its SCS framework. Similar to the Commission's view regarding 
technical information, because the Commission expects that the proposed 
operations would be ancillary to traditional satellite frequency bands, 
the Commission believes that minimal conditions need be placed on 
satellites pursuant to such operation. The Commission seeks comment on 
this view. For example, such operation would automatically be extended 
for whatever license terms, including renewals and extensions, as 
approved for any other frequency bands on the satellite. However, if 
any satellite operator intends to launch a satellite that operates only 
in the designated bands, then the Commission would need to separately 
impose such requirements. In such cases, the Commission seeks comment 
on subjecting those space stations to its existing part 25 license term 
rules, as well as the Commission's part 25 rules governing renewals or 
extensions of license terms. Similarly, in such cases, the Commission 
seeks comment on whether the Commission's rules governing milestones 
and bonds for space stations should be applicable. Should any 
performance requirements be imposed to ensure that spectrum is 
intensely and efficiently used. Should milestones on when GSO and NGSO 
space stations must be launched and operated be imposed, and should the 
requirement to post a surety bond within a certain time period after 
grant of the license be imposed. The Commission seeks comment on these 
issues.
    Finally, the Commission seeks comment on an alternative approach 
and ask whether it is feasible to create a framework for space stations 
authorized to communicate with devices certified under the Commission's 
part 15 regulatory framework similar to its ``Permitted Space Station 
List.'' Under such a framework, a list could be maintained on the FCC 
website identifying all satellites authorized to include a space 
station offering communication links in any of the designated frequency 
bands. Similarly, the Commission also seeks comment on whether a viable 
approach would be to adopt a rule that would permit any user equipment 
certified to part 15 requirements and licensed by rule to communicate 
with satellites on this list without further authorization from the 
Commission
    Technical and Service Rules. In this Section III.B.3, the 
Commission proposes to amend its rules to permit devices to communicate 
with satellites in the Earth-to-space direction in the 2400-2483.5 MHz 
and 5725-5850 MHz bands under the same technical requirements that 
apply to part 15 intentional radiators. In addition, the Commission 
seeks comment on the general types of technical requirements that would 
be required for satellite communications to devices in the space-to-
Earth direction in the 5725-5850 MHz band or any other frequency bands 
available where part 15 rules permit higher power. The Commission's 
intent is to enable new uses of these frequency bands without adversely 
impacting existing uses of the bands, both licensed and unlicensed.
    Earth-to-Space. The Commission proposes to allow terrestrial 
devices certified as compliant with the part 15 technical requirements 
that operate in the 2400-2483.5 MHz and/or 5725-5850 MHz bands to 
communicate with satellites in the Earth-to-space direction. These 
rules protect authorized services from harmful interference and have 
enabled effective spectrum sharing between billions of unlicensed 
devices. The Commission proposes no increase in the maximum permissible 
power or antenna gain, and no changes to any of the other technical 
rules (e.g., bandwidth, OOBE) that apply to unlicensed devices in these 
bands.
    The Commission seeks comment on this proposal. Would allowing 
devices operating under the part 15 technical rules to transmit from 
Earth-to-space increase the likelihood of harmful interference to 
authorized services or adversely affect spectrum sharing by unlicensed 
devices? Commenters should provide specific examples and analysis to 
support their position. In particular, the Commission seeks comment on 
whether this proposed change could impact radio astronomy observations, 
which are carried out in specific remote, low population density areas 
and currently use spectrum on an opportunistic basis? What would be the 
impact of expanded use of the 2400-2483.5 MHz band on S/X Celestial 
Reference Frame observations? Are there technical measures that could 
address concerns about radio astronomy, such as requiring devices to 
incorporate a geofencing system to facilitate compatibility with radio

[[Page 57118]]

astronomy receive sites? Are the current part 15 technical requirements 
suitable for communications with satellites in the Earth-to-space 
direction in these bands? If the Commission were to allow Earth-to-
space transmissions in any frequency bands besides the three discussed 
above, would the current part 15 technical requirements be suitable in 
those bands? Should the requirements for frequency hopping and digital 
modulation techniques apply to devices transmitting to satellites in 
these bands, and if not, what requirements should apply? Are the 
current out-of-band emission limits adequate? How would part 15 devices 
determine whether they are communicating with another terrestrial 
device or a satellite? Would permitting communication with satellites 
encourage increased usage of devices at the highest permissible power 
level? Would this affect frequency reuse by part 15 operation and what 
would be the overall impact to the wide range of part 15 devices 
sharing these bands? Do the Commission needs to place any limitations 
on the operation of devices transmitting to space from high altitudes 
to avoid changing the interference environment, such as prohibiting 
operation on aircraft or unmanned aircraft systems? As the number of 
LEO satellites grows, what will be the expected impact on the large 
number of unlicensed part 15 terrestrial devices? Should the Commission 
require part 15 devices authorized to communicate with space stations 
to use a contention-based protocol, or implement other techniques to 
facilitate coexistence with existing and other terrestrial unlicensed 
devices? For example, in the Commission's 6 GHz rules, the Commission 
uses an automated frequency coordination (AFC) system to facilitate 
coexistence between low power unlicensed and higher power licensed 
services, including satellite earth stations. Would a similar sharing 
framework for coexistence between unlicensed terrestrial and NGSO earth 
stations facilitate a wider range of beneficial services than a 
framework limited to the current part 15 rules? The Commission seeks 
comment on these questions.
    While the Commission proposes no changes to the part 15 technical 
requirements for devices used to communicate with satellites in the 
Earth-to-space direction, the Commission recognizes that there are 
certain tradeoffs regarding device design, simplicity, and performance 
for satellite communications. The current part 15 technical 
requirements could potentially limit or preclude certain types of 
satellite-based services, e.g., those that require high throughput such 
as video transmissions, or where satellites orbit at higher altitudes 
above the Earth. If there is a need to enhance communication 
performance to enable, for example, better uplink throughput, what 
changes should the Commission consider? What technical rules could the 
Commission develop that are more tailored to satellite D2D links and 
that could unlock higher-value services without compromising the non-
interference character of the bands? For example, should the Commission 
permit higher power levels than 4 watts (36 dBm) EIRP in D2D 
applications? Should the Commission have specific antenna requirements 
such as gain and directivity limits in both the horizontal and vertical 
planes? Since it does not appear necessary for a device that transmits 
to satellites passing overhead to radiate full power at all angles 
above the horizon, is there a need to place limits on the radiated 
power at lower angles above the horizon to enable more efficient use of 
the spectrum? If so, what antenna gain or power limits, and at what 
angles above the horizon, are necessary, and would such limits be 
practical for non-fixed devices? Could requiring devices to direct more 
of their energy upward potentially impact aviation or other 
transportation operations? Should the Commission place any additional 
requirements on such devices to avoid adversely affecting spectrum 
sharing between unlicensed devices? Could devices be designed such that 
they are able to use additional power or different antennas for D2D 
satellite communications, but revert to current part 15 limits for 
communicating with other terrestrial-based part 15 devices? In all 
cases, the Commission proposes that such operations are on an 
unprotected, non-interference basis. The Commission seeks comment on 
these questions.
    Space-to-Eartth. The Commission seeks comment on the types of 
technical parameters that would be necessary to facilitate the sharing 
of spectrum between space stations communicating in the space-to-Earth 
direction and terrestrial operations, both licensed and unlicensed, 
when communicating in the designated bands (e.g., the 5725-5850 MHz or 
other bands contemplated above) with devices that operate consistent 
with part 15 technical rules. Satellite downlink communications present 
unique characteristics that are not fully addressed by the existing 
part 15 rules. For instance, terrestrial devices are generally designed 
to receive communications from a horizontal direction with a relatively 
smaller footprint. Because satellites illuminate larger geographical 
areas than terrestrial devices, sharing between satellite downlink and 
terrestrial devices involves additional sharing considerations. The 
Commission therefore seeks comment on a number of issues to develop a 
record on how to enable space-to-Earth operations without causing 
harmful interference to authorized services or adversely affecting part 
15 device operations. To develop a complete record on these issues, the 
Commission seeks comment with regard to all of the frequency bands 
contemplated above for Earth-to-space operations.
    Terrestrial part 15 device coexistence with satellite operations. 
As evidenced by their prevalence in all facets of the Commission's 
lives, terrestrial devices operating under the part 15 rules provide 
many benefits to businesses and for personal use. The Commission's 
intent here is to provide more opportunities for connectivity without 
adversely affecting their use and ask commenters to provide analysis 
and data regarding the best way to achieve such coexistence. As noted 
in the NPRM, the Commission proposes to develop rules that would enable 
terrestrial part 15 devices to coexist with new satellite services 
without adverse impacts. Satellite operators could implement various 
methods to enable coexistence, including limiting the maximum PFD on 
the ground, limiting the size of the satellite beam on Earth, adhering 
to aggregate emission limits, and other technical limits or 
requirements, such as using a contention-based protocol (e.g., listen-
before-talk) requirement. Each of these methods is discussed in greater 
detail below. In considering the potential impact of satellite 
operations on terrestrial part 15 devices, parties should consider two 
important points. First, many part 15 devices are used indoors where 
satellite signals are significantly attenuated by buildings, so the 
likelihood of adverse impacts on them from new satellite operations 
appears low. Second, in densely populated areas there are likely to be 
multiple communication services available through either licensed or 
unlicensed access and in many cases buildings and other structures will 
block signals from reaching the ground, so new satellite services are 
unlikely to be competitive or cost effective in those areas. Thus, the 
Commission expects that any new satellite services in frequency bands 
proposed here would

[[Page 57119]]

be used primarily outside of densely populated areas.
    Power Flux Density and Antenna Beam Limits. Power flux density 
(PFD) limits are often used as a mechanism to facilitate spectrum 
sharing between satellite downlink and terrestrial services. These 
limits restrict the signal power a satellite is permitted to project 
onto the Earth's surface per unit area and bandwidth. Under part 15 of 
the Commission's rules, all unlicensed devices operate on non-
interference basis, meaning that these devices may not cause harmful 
interference and must accept any interference received, including 
interference that may cause undesired operations. The Commission seeks 
comment on how this non-interference status should shape the 
formulation of PFD limits for satellite downlinks transmitting in the 
designated frequency bands.
    What PFD limits would be necessary to maintain the continued 
operational utility of the part 15 ecosystem while protecting 
authorized users in the designated bands? For example, would PFD limits 
similar to those in part 25 be appropriate? Would these limits be 
sufficient to protect the incumbent federal radiolocation operations in 
the 5725-5850 MHz band? Could the Commission require PFD limits similar 
to those that the ECC specifies for space-to-Earth transmissions in the 
862-870 MHz band? Would those limits be appropriate, considering that 
they were designed for a lower frequency range with a smaller amount of 
available spectrum and to protect different incumbent spectrum users? 
Given that the PFD on the ground varies as a function of angle above 
the horizon (elevation angle), and considering that the antenna gain of 
terrestrial devices also exhibits angular dependencies, should the PFD 
limit be expressed as a function of elevation angle? Would a PFD limit 
that is low enough to prevent harmful interference to authorized users 
and enable coexistence with terrestrial users be sufficient to close a 
link with targeted terrestrial devices, and if so, with what expected 
data rates? How many devices would be within a satellite downlink spot 
beam and how will desired communications with targeted devices impact 
other operators in the band? What would be the impact on frequency 
reuse in the band of operation and how would equipment operating under 
a listen-before-talk protocol be affected by satellite signals? What 
would be the impact on sharing protocols that have been implemented in 
part 15 equipment that was designed to accommodate low power short 
range terrestrial operations? Given that terrestrial receivers 
typically have antenna nulls directed toward space, could this factor 
allow for higher PFD limits? Should the Commission mandate specific 
operational requirements for satellite transmissions, such as a minimum 
elevation angle of operation? If the Commission were to adopt PFD 
limits, should those limits be codified in part 25 as with other 
satellite operations or in part 15? Is there an advantage to using 
either rule part?
    As the PFD is related to a specific antenna beam or combination of 
beams, the Commission also seeks comment on whether the on-the-ground 
footprint for any given beam should be limited. Because a satellite 
beam illuminates much more area than a terrestrial-based antenna, the 
Commission seeks comment on whether it should set a maximum limit 
either for single entry or aggregate PFD levels from the satellite. 
Such a requirement could help protect terrestrial unlicensed operations 
from any adverse impact by limiting the level of in-band noise received 
by unlicensed devices. Commenters in favor of such limits should 
provide details both on the size and technical justification for any 
requested limits. Similarly, the Commission seeks comment on whether 
such satellite transmissions should be restricted to certain geographic 
areas. For example, because the Commission believes that such 
operations would extend the reach of devices certified to part 15 
limits to areas with little or no terrestrial infrastructure, should 
only those areas be served by satellites operating in the designated 
bands? If so, how would the Commission determine those areas (e.g., by 
population density)? The Commission seeks comment on these issues.
    Aggregate Emission Limits. The Commission seeks comment on how it 
could address issues arising from multiple satellite constellations 
operated by different operators. In the Commission's recently adopted 
framework governing SCS, the Commission established limits in certain 
frequency bands on the aggregate field strength at the Earth's surface 
produced by all visible beams and satellites within a single 
constellation. Tshe Commission notes that SCS involves communications 
in bands that are fully licensed, while the Commission is focusing on 
other options such as a licensed-by-rule approach, which may result in 
the need for differing requirements due to factors such as the number 
of satellite operators and constellation sizes. Is there a need for an 
aggregate field strength or PFD limit to maintain the continued 
operational utility of the part 15 ecosystem and protect authorized 
users in the designated bands? If so, what should that limit be and 
what specific technical factors should determine it? Should there be 
any limit on the number of beams allowed to illuminate the same 
geographical area simultaneously, and what factors should be included 
in an aggregate calculation? Should an aggregate limit apply to each 
satellite system individually or to the combined energy of all 
satellite systems? If a limit applies collectively, how should the 
calculation account for multiple independent operators? How could 
compliance with a limit be enforced, and would this require a real-time 
coordination mechanism?
    Out-of-Band Emission (OOBE) Limits. The Commission seeks comment on 
what OOBE limits would be necessary for devices operated in space-to-
Earth applications in the designated bands. Should devices be required 
to meet the existing part 15 OOBE limits, which specify a limit of -27 
dBm/MHz EIRP at 75 MHz above or below the edge of the 5725-5850 MHz 
band, with higher levels permitted closer to the band edge? 
Alternatively, should the Commission establishes a limit consistent 
with the part 25 rules which require specific levels of attenuation 
below the mean output power of the transmitter at specific frequency 
separations from the assigned frequency of operation? Should the 
Commission establishes OOBE limits in terms of PFD, and if so, how 
could a PFD limit be derived from the current part 15 or part 25 limit? 
What factors should the Commission consider in determining the 
appropriate emission limit? The Commission also seeks comment on 
whether there is a need to establish an aggregate OOBE limit as the 
Commission did for SCS, e.g., a PFD limit of -120 dBW/m\2\/MHz at 1.5 
meters above ground level? In seeking comment on this issue, the 
Commission notes that SCS is a fully licensed service, whereas in this 
document the Commission have been focusing on other options such as a 
licensed-by-rule approach. Parties that believe that an aggregate OOBE 
limit is necessary should consider this distinction and should also 
address the issues described above concerning aggregate in-band limits.
    Other Technical Requirements. The Commission seeks comment on 
whether all of the technical limits that currently apply to terrestrial 
operations under the part 15 rules should apply to devices used for 
space-to-Earth transmissions. For example, should the Commission 
applies the existing minimum bandwidth, frequency hopping, and

[[Page 57120]]

power spectral density rules to devices operated on satellites? Are 
there provisions in the existing technical rules that could hinder 
satellite uses? Are there any additional requirements that would be 
necessary to prevent harmful interference to authorized services such 
as radio astronomy observations as discussed above or to better enable 
coexistence with existing unlicensed applications? For example, is 
there a need for limits on frequency stability, transmit duty cycle, or 
maximum bandwidth? Should the Commission require a contention-based 
protocol mechanism whereby a satellite contends for terrestrial 
spectrum usage before transmission and possibly limits or modifies its 
transmissions based on the amount of available spectrum? Noting the 
longer transmission paths to satellites compared to terrestrial-only 
operations, advocates for using a contention-based-protocol should 
address what requirements would be necessary and how it could work 
given that disparity. Could terrestrial devices implement the 
contention-based-protocol sensing and relay that information to a 
satellite? In such a scenario, do the protocols support any scheduling 
mechanisms which can account for the differences in transmission time 
to avoid packet collisions? If multiple parties develop satellite 
systems that share spectrum, is there a need for time synchronization 
between time division duplex (TDD) systems, or frequency usage between 
frequency division duplex (FDD) systems, and if so, how could that be 
accomplished? If existing technical limits are insufficient or 
additional requirements appear necessary, commenters should offer 
specific suggestions for modifications, including a justification for 
why those changes are needed.
    Equipment Authorization. Part 15 intentional radiators must 
generally be approved under the equipment certification procedure. This 
procedure requires that equipment be tested at an FCC-recognized 
accredited laboratory to demonstrate that it complies with the 
requirements in the rules, and then approved by an FCC-designated 
Telecommunication Certification Body. A certification requirement also 
applies to terrestrial transmitting devices under the part 22, 24, and 
27 rules, as well as portable earth station transceivers under the part 
25 rules. Equipment used on satellites for space-to-Earth transmissions 
must be licensed by the Commission under part 25 and must comply with 
all requirements and conditions of the license, but it does not go 
through an equipment certification process.
    Under the SCS framework, the Commission requires that terrestrial 
wireless equipment operating under at least one of parts 22, 24, or 27 
that also communicates with a satellite must be certified as a 
satellite earth station under part 25. The Commission also established 
a streamlined process for applicants to expand existing part 22, 24, 
and 27 equipment certifications to include part 25.
    The Commission does not propose any changes to the existing 
requirement that intentional radiators operating under the part 15 
rules must generally be certified before they can be imported, marketed 
and operated, nor do the Commission proposes any changes concerning 
equipment it has included on the Covered List of equipment it has 
determined to pose an unacceptable risk to the national security of the 
United States or the security and safety of United States persons. 
However, the Commission seeks comment on whether there is a need to 
adopt any additional requirements for terrestrial devices that comply 
with the part 15 rules and are intended to communicate with satellites. 
Specifically, is there any need for devices that are designed to comply 
with part 15 technical requirements, but also intended to communicate 
with satellites under the framework proposed herein, to also be 
certified under part 25? If the Commission were to require a part 25 
certification in addition to a part 15 certification, the Commission 
proposes that it would be applied only to new equipment authorizations 
or authorizations being updated through the permissive change process. 
Equipment already certified for part 15 would be permitted to 
communicate with satellites under their existing equipment 
authorizations. What would be the benefits of that requirement to 
consumers and the Commission, and would these benefits outweigh the 
burdens of requiring an additional certification? In this context, to 
simplify the certification process the Commission proposes that no 
additional device testing would be necessary to obtain the part 25 
certification in addition to the part 15 certification, and that simply 
meeting the part 15 technical rules would render the device also 
eligible for the part 25 certification. The Commission seeks comment on 
this proposal. In particular, the Commission seeks comment on how such 
an approach might or might not work if the Commission were to modify 
certain rules either for terrestrial or space-based equipment (e.g., 
power, out-of-band-emissions, and antenna gain) to facilitate 
communications between these terrestrial devices and satellites. Are 
there options for permitting or requiring different approaches based on 
the authorization framework--i.e., fully licensed versus licensed by 
rule versus unlicensed? In addition, the Commission seeks comment on 
how various equipment certification requirements combined with 
different authorization requirements and the Commission's prospective 
application of the certification requirements have implications for 
currently certified equipment that also meets the criteria for covered 
equipment on the Commission's Covered List as such equipment is not 
eligible for new certifications or permissive changes. Are there 
alternative approaches that would be simpler, and if so, what would 
they be? Are any specific requirements necessary beyond the existing 
part 15 certification requirements, and if so, how could the Commission 
make these the least burdensome possible?
    International Issues. The Commission seeks comment on how the 
framework discussed in this document for permitting devices that meet 
part 15 technical parameters to communicate with satellites could be 
implemented consistent with international obligations of the United 
States as a Member State of the International Telecommunication Union 
(ITU).
    ITU. The United States is a Member State of the ITU. As an ITU 
Member State, the United States adheres to the ITU Radio Regulations. 
Under the framework discussed above, the Commission seeks comment on 
authorizing space stations and earth stations to operate in certain 
frequency bands where part 15 devices are permitted to operate with 
higher power pursuant to a satellite allocation in the United States, 
but also on an unprotected, non-interference basis. While adding a 
satellite allocation to the designated bands would render such 
operations consistent with the United States Table, these operations 
would not conform with the International Table which does not currently 
include such satellite allocations, and operation, particularly with 
respect to the potential for harmful interference to or from cross-
border stations, would be governed by ITU Radio Regulation No. 4.4. 
This provision states that ``Administrations of the Member States shall 
not assign to a station any frequency in derogation of either the Table 
of Frequency Allocations in this Chapter or the other provisions of 
these Regulations, except on the express condition that such a station, 
when using such a frequency assignment,

[[Page 57121]]

shall not cause harmful interference to, and shall not claim protection 
from harmful interference caused by, a station operating in accordance 
with the provisions of the Constitution, the Convention and these 
Regulations.'' Accordingly, the Commission seeks comment on what steps 
should be taken to ensure that any frequency assignments that are made 
as a result of this document that are not consistent with the 
International Table do not cause harmful interference to, or result in 
claims of protection from harmful interference from, stations that are 
operating in accordance with ITU provisions, including the 
International Table. The framework discussed above includes requiring 
that operations be conducted on an unprotected, non-interference basis, 
in both the Earth-to-space and space-to-Earth directions. In addition, 
it envisions requiring that appropriate materials be submitted to the 
ITU as part of any space station application that seeks to operate in 
bands available for unlicensed devices in addition to operations in 
bands licensed for traditional satellite services. The Commission seeks 
comment on how these requirements can be implemented consistent with 
the Commission's obligations under the ITU Constitution and Convention, 
including those pertaining to the ITU Radio Regulations, particularly 
ITU Radio Regulation No. 4.4. The Commission also seeks comment on what 
analyses or other showings could be required as part of a space station 
application to demonstrate that the operations would not cause harmful 
interference to stations operating in accordance with the ITU Radio 
Regulations. In addition, to the extent that space station applicants 
licensed under part 25 of the Commission's rules plan to communicate 
with areas outside of the United States, pursuant to a market access 
authorization issued by another jurisdiction, the Commission seeks 
comment on what measures should be disclosed as part of the application 
to eliminate immediately any harmful interference concerns. Should the 
authorization include a condition that communications with areas 
outside of the United States are only permitted if the governing 
administration has authorized such communications and must be subject 
to that authorization? Should documentation of such authorization be 
provided to the Commission prior to when a United States-licensed space 
station begins operations in an area outside of the United States?
    International Harmonization. We also seek comment on what measures 
could be taken to promote international harmonization, particularly 
with Canada and Mexico. Although the framework discussed in this 
document would authorize satellite communications in the United States 
only, a United States satellite license includes all operations of that 
United States-licensed space station--including authorization of 
transmission or reception at the space station to/from stations located 
outside of the United States. As observed in the SCS proceeding, such 
communications are subject to the laws, regulations, and requirements 
of any country in connection with communications in that country, 
including but not limited to, authorization to communicate with earth 
stations in that jurisdiction. The Commission seeks comment on whether 
United States-authorized space stations that can be used to communicate 
with equipment meeting part 15 technical parameters (or the foreign 
equivalent) outside of the United States should require a licensee to 
ensure that all of its operations are duly authorized by the country in 
which such communications will occur and that it will satisfy all terms 
and conditions of any foreign license or authorization, as was adopted 
for SCS.
    National Security Issues. The Secure Networks Act is designed to 
protect the nation's communications infrastructure from foreign 
security threats. It established a comprehensive framework to identify, 
block, and remove untrusted equipment from American networks. The 
Secure Networks Act requires the Commission to publish a list of 
equipment and services that pose ``an unacceptable risk to the national 
security of the United States or the security and safety of United 
States persons'' based on specific determinations made by certain 
enumerated sources (Covered List). Through the Secure Equipment Act, 
Congress directed the Commission to ``no longer review or approve any 
application for equipment authorization for equipment that is on the 
[Covered List][.]'' In the EA Security R&O and FNPRM (insert FR cite, 
date publish), the Commission established several new rules to prohibit 
authorization of equipment identified on the Commission's Covered List 
developed pursuant to the Secure Networks Act. In the EA Security 
Second R&O and FNPRM, the Commission provided further guidance on the 
prohibition on authorization of covered equipment, prohibited the 
authorization of devices that contain certain component parts 
identified on the Covered List, and adopted a procedure to implement 
prohibitions on the continued importation and marketing of previously 
authorized covered equipment.
    The Commission seeks comment on national security concerns 
associated with any of the proposals above. Would permitting satellites 
that can transmit and/or receive in frequency bands available under the 
part 15 rules pose any national security concerns? As discussed above, 
any proposed new satellite operations would fall under a part 25 
authorization framework. Would the part 25 space station licensing 
framework sufficiently address potential national security concerns? If 
not, what new types of concerns would be raised? Would allowing 
satellite uplink or downlink operations in frequency bands that are 
widely used by part 15 unlicensed devices provide any new openings for 
bad actors to exploit or state sponsored espionage? Are there devices 
(including modules) or classes of devices that should be prohibited 
from communicating with satellites? Would there be national security 
risks posed by such communication with devices that have already been 
granted equipment authorizations? What steps could the Commission take 
to address any potential new national security concerns?
    Similarly, the Commission seeks comment on whether allowing 
terrestrial equipment that communicates with satellites in frequency 
bands available under part 15 raises any new national security issues 
that the Commission needs to address. Is there a need to require 
manufacturers to take any additional steps to secure their equipment, 
and if so, what steps would be necessary? Would the Commission need to 
place additional requirements on certain types of equipment or certain 
manufacturers to address any national security concerns?
    The Commission notes it has acknowledged that Covered List entities 
could operate in a manner analogous to blanket domestic section 214 
authority by offering non-common carrier service without advance review 
by the Commission if they use equipment that meets the technical 
criteria of the Commission's Part 15 rules. Could expanding the Part 15 
rules to allow for satellite D2D as discussed herein inadvertently 
facilitate Covered List entities' ability to offer non-common carrier 
service by means of satellite technology? Should the Commission 
explicitly exclude entities identified on the Covered List from, by 
default, being able to offer service to the public or

[[Page 57122]]

other third parties by utilizing unlicensed operations enabled by 
satellite? Should Covered List entities be explicitly prohibited from 
any non-Part 15 licensing framework discussed above, such as license-
by-rule or blanket licenses for earth stations or receive-only space 
stations?
    Within Spacecraft. Various devices that operate under part 15 of 
the rules, particularly those containing transmitters such as Wi-Fi or 
Bluetooth, can prove useful for essential functions on the growing 
number of crewed missions. For example, laptop computers can be used in 
scientific experiments, for communication with other personnel, and for 
entertainment purposes on long missions. Smartphones can be used for 
taking pictures and also for communicating with families on earth and 
smart watches can monitor the health of the space crews while using Wi-
Fi or Bluetooth protocols. The part 15 rules do not specifically 
prohibit or allow the use of these devices within spacecraft. Today, 
these devices are allowed to be used by astronauts in the ISS via close 
coordination with NASA. A list of devices that will be brought onto the 
ISS is provided to the FCC before each mission and the Office of 
Engineering and Technology of the FCC confirms that these devices are 
certified and compliant to the part 15 rules. NASA administers the 
overall process for the electronic devices that can be brought into the 
ISS.
    To provide clarity on the requirements for unlicensed devices 
aboard spacecraft, the Commission proposes to modify the part 15 rules 
to confirm that the operation of certified unlicensed devices within 
spacecraft is a permissible use, subject to any other applicable 
restrictions, such as those of federal agencies and international 
treaties. The Commission is limiting this proposal to operation within 
spacecraft because the Commission believes that there are a number of 
factors that make the potential interference from part 15 devices 
within spacecraft to authorized users of the spectrum on earth 
extremely unlikely. For example, the distance separation from Earth 
will significantly attenuate any signals from a spacecraft, thus 
significantly reducing the potential to cause harmful interference to 
authorized services on Earth. Also, the spacecraft shielding that 
protects occupants and equipment inside from radiation and temperature 
extremes will also act as RF shielding to severely attenuate signals 
radiating outside of the spacecraft. The Commission seeks comment on 
these views.
    Operation of part 15 devices on board spacecraft would be subject 
to the same non-interference requirement in section 15.5 as terrestrial 
devices. Unintentional radiators emit significantly lower signal levels 
than intentional radiators, so unintentional radiators used within 
spacecraft will have an even lower potential for causing harmful 
interference than intentional radiators. The Commission is therefore 
proposing to confirm that the use of unintentional radiators within 
spacecraft is also a permissible use under part 15 of the rules. The 
proposed changes would benefit crew members and passengers by making 
clear that both intentional and unintentional radiators, such as 
smartphones, smart watches, notebooks and tablets, could be operated 
within spacecraft, subject to any other applicable restrictions, such 
as those of federal agencies and international treaties. The Commission 
emphasizes that this proposal applies solely to operation within a 
spacecraft, such as a wireless connection from a portable device to a 
wireless access point within a spacecraft.
    The Commission proposes to add a new section to part 15 confirming 
that the operation of intentional and unintentional radiators that 
comply with the technical and authorization requirements is permissible 
within spacecraft (i.e., within a fully shielded environment, but 
remains subject to any other requirements for equipment used in space. 
For example, the Commission could as part of its part 25 licensing 
process impose requirements, such as specific limitations on the types 
of equipment or operating frequencies that can be used on board 
spacecraft. Does the Commission's proposal sufficiently limit the 
likelihood of harmful interference to authorized services on Earth? Are 
the current part 15 rules sufficiently protective in this scenario? 
Should the Commission limit the types of devices that can be operated 
on spacecraft? Do the Commission needs to place restrictions on the 
frequency bands in which they can operate, and if so, in which bands? 
Conversely, does the fact that devices would operate within an enclosed 
spacecraft mean that the Commission could in some cases permit higher 
power or other types of operations not currently permitted under the 
part 15 rules? If so, what particular technical requirements could be 
modified? Should the Commission consider a different interference 
management policy for part 15 devices operating within spacecraft than 
for terrestrial operation? If so, how can such processes be managed? 
How could the Commission ensures that equipment specifically designated 
for use within a spacecraft which might have different operating 
parameters from terrestrial based devices are not used on Earth where 
the potential for causing harmful interference might be much greater 
than within a controlled spacecraft environment?
    Extravehicular Activity (EVA) and Communications Between 
Spacecraft. The Commission seeks comment on what rule changes it could 
make to facilitate extravehicular activity (EVA) and communications 
between spacecraft or other space-based devices (e.g., equipment used 
for in-space servicing, assembly, and manufacturing (ISAM) 
applications) to support developing space industries. The types of 
applications that might be used in EVA and communications between 
spacecraft could include voice, video, and data communications, 
especially for use of robotic arms and other apertures, and could also 
include radars and field disturbance sensors to help locate and 
position personnel, spacecraft, satellites, or other objects. The 
Commission seeks comment on this assessment and what other types of 
applications for EVA and communications between spacecraft could use 
equipment operating in the bands available for part 15 devices.
    The Commission believes that unlicensed devices could play a 
pivotal role in unleashing new applications related to ISAM. The 
Commission seeks comment on this view. The Commission, in 2024, issued 
a Notice of Proposed Rulemaking that proposed a new framework for 
licensing space stations engaged in ISAM. ISAM refers to a set of 
capabilities used in-orbit, on the surface of space objects and 
celestial bodies, and in transit between these regimes. The Commission 
seeks comment on the potential use of devices operating under the part 
15 technical requirements for various uses, including EVA and 
communications between spacecraft, that may be considered as part of 
ISAM capabilities.
    While the Commission recognizes the potential benefits of making 
more spectrum available for EVA and communications between spacecraft, 
the Commission will not at this time propose specific rule changes to 
facilitate these applications for devices operating under the part 15 
rules. Devices must operate under the part 15 rules on a non-
interference basis, and transmissions from space can potentially impact 
terrestrial operations over a wide area. However, to build a record on 
the possibility of using frequencies available under part 15 for EVA 
and communications between

[[Page 57123]]

spacecraft, the Commission is seeking comment on a number of issues, 
including potential frequency bands, power levels, antenna 
requirements, and other technical issues. The Commission also seeks 
comment on whether there are any international treaties or agreements 
that must be considered in permitting communications in space in these 
frequency bands, as discussed above in the context of Earth-to-space 
and space-to-Earth transmissions in these bands.
    The Commission seeks comment on the frequency bands that could be 
used for communications or other transmissions (e.g., field disturbance 
sensors, radars, Ultra-Wideband devices) in EVA and between spacecraft. 
Would any of the currently available frequency bands described above be 
suitable? Are there other frequency bands that could be used for these 
purposes? Are there certain frequency bands that should be excluded, 
such as the current part 15 restricted bands or bands with satellite 
allocations, and why? What is the potential for harmful interference to 
authorized services or adverse impacts to other part 15 intentional 
radiators, either in space or on Earth? Could potential interference be 
mitigated through appropriate antenna pattern design or other 
approaches? If so, what specific antenna characteristics are necessary? 
With respect to power levels and OOBE limits, the Commission notes that 
the current part 15 rules were developed for a terrestrial environment 
that has significantly more clutter losses than the space environment, 
as well as significant temperature and other differences. With that in 
mind, the Commission seeks comment on whether the current power and 
antenna gain limits are suitable. Are the current OOBE limits adequate 
to prevent harmful interference? Do any of these parameters need to be 
adjusted for operation in the space environment? Commenters should 
provide specific technical proposals as well as reasoning for each to 
justify any recommended changes. Would enough devices operate in this 
scenario such that the Commission should consider an aggregate 
interference limit for them? Would any additional requirements for 
devices operated in EVA or communications between spacecraft be 
necessary to limit the likelihood of harmful interference, such as 
antenna directivity requirements or limits on the operational time in 
orbit?
    Unintentional Radiators. While many commonly used part 15 devices 
are intentional radiators, part 15 also requires unintentional 
radiators to comply with emission limits. Unintentional radiators 
include computers and other devices with digital circuitry that 
generate and use high frequency timing signals, power supplies 
associated with computers and digital devices, as well as radio 
receivers that generate radio frequency signals used in their tuning 
circuitry. The Commission is aware of reports of satellites emitting 
signals that are impacting ground based receivers, and may possibly be 
impacting other satellites as well. For example, some parties state 
that they have detected both wideband and narrowband signals from a 
satellite constellation at frequencies between 40 and 70 MHz and 
between 110 and 188 MHz. These reports suggest that the signals in 
question are being generated unintentionally, such as through power 
supplies or digital circuitry. The International Telecommunication 
Union (ITU) Working Party 7D is currently studying this issue. 
Depending on the source of the signals that various parties have 
observed, it is possible that they are of a type that would be subject 
to the part 15 unintentional radiator limits in terrestrial-based 
equipment.
    The Commission seeks comment on the issue of unintentional 
emissions generated by satellites or other spacecraft. What is the 
extent of the observed problems? What types of ground-based services 
are being impacted and where? Are unintentional emissions from 
satellites and spacecraft affecting radio astronomy observations? Are 
there also concerns about effects to satellite systems in orbit and if 
so, which ones? What is the likely source of the unintentional 
emissions in question? Are there any observed problems that seem to be 
worsening over time? Does there appear to be a need for actions to 
reduce unintentional emissions from satellites or other spacecraft? If 
so, what actions could be taken? As noted above, the environmental 
differences create disparities in signal attenuation between those 
emanating from space and those being transmitted from terrestrial-based 
stations. If the Commission were to require unintentional radiators 
operating in space to comply with emission limits, would the current 
part 15 unintentional radiator limits be appropriate? Do they cover the 
required frequency range, or would the Commission needs higher or lower 
frequency cutoffs for measuring radiated emissions, e.g., at 
frequencies below 30 MHz? Are the part 15 emission limits sufficiently 
protective to prevent harmful interference to potentially impacted 
services or would the Commission needs tighter limits in any frequency 
ranges? If so, in what instances and frequency bands would this be 
necessary, and what limits should apply? Due to the potentially large 
number of devices that could be emitting simultaneously, would the 
Commission needs to consider aggregate interference from unintentional 
radiators in space? If so, how could the Commission set and enforce 
aggregate interference limits?
    Costs and Benefits. The Commission estimates that the economic 
benefits of the proposed rule changes to enhance space-based 
communications for part 15 devices will substantially outweigh the 
costs, which the Commission expects to be minimal. The Commission seeks 
comment on this view. The expanded ability to use part 15 devices for 
Earth-to-space applications could result in new and innovative wireless 
communication products and services by lowering barriers to entry. For 
example, Hubble and Spire were granted satellite licenses in the 2400-
2483.5 MHz band through the grant of a waiver of the Commission's 
rules, whereas the proposed rules changes could eliminate the need for 
such waivers and lower entry barriers for new technologies. The 
Commission lacks information to precisely estimate the economic value 
of these yet-to-be developed new products and services, but the 
Commission expects that such uplinking capabilities could be valuable 
for IoT services, especially in rural areas. The Commission seeks 
comment on this expectation. In addition, the Commission's proposal to 
formally allow part 15 devices to communicate within spacecraft could 
eliminate the current practice of ad hoc approvals for each within-
space vehicle use of devices like laptops. The Commission judges the 
cost of these approvals to be modest given that allowing earth-to-space 
communications in these bands are not expected to change the 
interference environment for other licensed or unlicensed users of 
these bands. The Commission seeks comment on this assumption. The 
proposed rule changes allowing EVA and communications between 
spacecraft could foster innovation and encourage the development of new 
services, including in-space servicing, assembly, and manufacturing. 
Finally, the proposed rules might aid in managing interference from 
unintentional radiators either withing spacecraft or more broadly.While 
the Commission lacks information to precisely quantify each of these 
benefits, in terms of relative

[[Page 57124]]

magnitudes, the Commission expects the most benefits to flow from 
Earth-to-space applications, since the user base of part 15 Earth-based 
devices is larger than the user base of devices in spaces. The 
Commission seeks comment on this judgment, in addition to data and 
quantitative estimates on the magnitude of benefits. The Commission 
seeks information about potential new applications in Earth-to-space, 
within spacecraft, for EVA, and between spacecraft communications that 
may generate such benefits. Of particular interest would be estimates 
of the potential number of users and devices impacted and the 
magnitudes of use of these new applications.
    The Commission recognizes that rule changes to allow part 15 space-
to-Earth communications may have substantial benefits due to the large 
number of terrestrial part 15 devices that could benefit from such 
communications without the requirement for new hardware. However, the 
Commission also recognizes there are potentially significant technical 
challenges in minimizing interference issues with other licensed and 
unlicensed devices for any new space-based communications in these 
bands. Implementation will require careful consideration of technical 
safeguards, including power flux density limits, out-of-band emission 
controls, and potentially aggregate interference limits to ensure 
coexistence with incumbent services and terrestrial part 15 operations. 
In addition, coordination with international obligations under the ITU 
Radio Regulations and the Outer Space Treaty will be necessary to avoid 
creating harmful interference for devices authorized in other countries 
and to ensure space station operators conform with all relevant 
international requirements. Benefits of any part 15 rule change for 
space-to-Earth communications will therefore be dependent on their 
exact technical implementation and whether the potential interference 
issues with terrestrial devices can be resolved. As the Commission 
proposes no rule changes for part 15 space-to-Earth communications here 
and lack information on how part 15 space-to-Earth communications would 
be implemented, the Commission does not estimate expected benefits at 
this time. However, the Commission seeks information on how part 15 
space-to-Earth communications would be implemented and estimates of the 
potential number of users and devices impacted and the benefits that 
may flow from these new applications.
    The Commission estimates costs of the proposed part 15 rule changes 
to be minimal or non-existent. The Commission seeks comment on this 
view. The Commission expects that the proposed rule changes here and in 
any future proposal will not disturb incumbent use of the associated 
spectrum and that frequency interference will be minimal to non-
existent. The Commission seeks comment on this expectation. The rule 
changes for Earth-to-space and within spacecraft communication simply 
remove a purely regulatory ban on a technical capability to receive 
signals that satellites have always had. The Commission expects final 
rules changes for EVA and between spacecraft communications to minimize 
interference with incumbent users. Costs may increase with compliance 
obligations may also increase for some stakeholders. For example, the 
Commission seeks comment on whether part 15 devices intended to 
communicate with satellites should also obtain certification under the 
Commission's part 25 licensing rules. However, the Commission expects 
that these compliance costs would be relatively small and invoked on a 
largely voluntary basis. As voluntary actions, the compliance costs 
would then be outweighed by private value-added from the newly 
certified uses. The Commission seeks comment on the expectation of 
minimal or no cost impact, especially with regards to expanded Space-
to-Earth interference and potential interference concerns. The 
Commission also seek information on costs of these proposed rule 
changes in the form of data and quantitative estimates.

Ordering Clauses

    It is ordered, pursuant to the authority found in sections 4(i), 
301, 302, 303, and 307 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i), 301, 302a, 303, 307, that the Notice of Proposed 
Rulemaking is hereby adopted.
    It is further ordered that the Commission's Office of the 
Secretary, shall send a copy of the Notice of Proposed Rulemaking, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for the Small Business Administration (SBA) Office of Advocacy.

List of Subjects in 47 CFR Part 2

    Communications, Communications equipment, Satellites, 
Telecommunications.

Federal Communications Commission.

Marlene Dortch,
Secretary.

Appendix A

Proposed Rules

    For the reasons discussed in the document above, the Federal 
Communications Commission proposes to amend part 2 of Title 47 of the 
Code of Federal Regulations as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
2. Amend Sec.  2.106 by adding paragraph (d)(36) to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    (d) * * *
    (36) NG36 The bands 2400-2483.5 MHz and 5725-5850 MHz may be used 
by non-Federal stations in the mobile-satellite service (Earth-to-
space) on an unprotected and non-interference basis and subject to the 
Commission's rules in part 25 of this chapter.
* * * * *
[FR Doc. 2026-18282 Filed 9-4-26; 8:45 am]
BILLING CODE 6712-01-P


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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.