BLG Alert: The FCC is streamlining its satellite rules

Overview

To accommodate the fast-growing space economy, the FCC will soon vote to finalize regulatory changes that will streamline its satellite and earth station licensing rules. The Second Report and Order (“Order”), to be taken up at the Commission’s August 7 Open Meeting, intends to foster innovation, reduce regulatory burdens, and improve licensing efficiency. These rule changes, including simplified processes for earth station licensing and for minor modifications of NGSO space station antennas and microelectronics, are expected to benefit not only geostationary and non-geostationary satellite operators but also emerging businesses, such as those offering Ground-Station-as-a-Service (GSaaS). We summarize the Order’s key revisions below. Operators and others wishing to make further ex-parte comments under “permit-but-disclose” rules should do so by Wednesday, July 30, 2025.

Introducing Baseline Licensing
for Earth Stations

Section 25.115(a)(i) will now allow earth station operators to receive a “baseline license” without identifying a satellite point of communication, previously required. GSaaS providers can develop their earth station infrastructure and obtain a license before securing satellite customers and without being associated with a specific satellite system from the start.

Satellite points of communication can be added later through a streamlined notice process under new Section 25.118(g), which replaces the to-be-abrogated application process under Section 25.117(i). In the notice, the operator must certify: (1) it has permission from the satellite operator to communicate with the satellite system; (2) it is not repointing the earth station’s antenna beyond any coordinated range; (3) adding the point of communication does not increase the risk of harmful interference; (4) it is not requesting any change to the authorized frequencies in the baseline license; and (5) it is not requesting to communicate with a satellite that does not have market access. Spectrum sharing and coordination requirements, including rules governing Upper Microwave Flexible Use, still apply.

Filing the notice will allow immediate operation, subject to a 15-day evaluation period in which the Commission may remove authorization if it finds the operator has not satisfied the requirements above.

Expanding Minor Modifications
(i.e., No Prior Authorization)

The Commission is expanding the explicit list of minor modifications, which should prove valuable to operators as they innovate. Depending on the modification, it may require no notice to the Commission, notice within 30 days of the modification, or notice in advance.

Earth Stations

Operators may replace earth station equipment without prior approval or notice if the new equipment doesn’t increase the risk of harmful interference or radiation risk to humans. Under revised Section 25.118(b)(1), the new equipment no longer has to be “electrically identical.”

Two other rule updates for earth station modifications will provide for (i) removal of points of communication without pre-authorization, but with post-modification notice within 30 days (Section 25.118(a)(3)) and (ii) changes to antenna identification without notice (Section 25.118(b)(3)). The proposed revision of Section 25.118(a)(3) apparently abrogates the current rule related to “chang[ing] a point of communication.”

NGSO Satellites

Under new Section 25.118(h), the Commission will allow certain important modifications to NGSO space station antennas, sensors, and microelectronics without the need to file a modification application for the satellite system license. The Order calls for 60-days advance notice to the Commission and potentially affected licensed spectrum users. In the notice, the operator must certify the satellite changes do not: (i) increase the transmit power, effective isotropic radiated power (EIRP), EIRP density, or out-of-band emissions, or change the antenna pattern(s) or antenna gain characteristics; (ii) change the area-to-mass ratio; (iii) increase in-orbit collision risk; (iv) increase re-entry risk; (v) increase the risk of harmful interference to other system(s); or (vi) increase the need for harmful interference protection for the modified system.

Under this rule change, NGSO operators can incorporate technological advances into their satellites more efficiently while the Commission maintains regulatory oversight. Commission staff will have 60 days to review the modification, including putting it on public notice if needed and considering comments.

GSO Satellites

Under amended Section 25.118(e)(4), with 30-days advanced notice to the Commission and any potentially affected licensed spectrum user, a GSO operator may continue to operate during satellite relocation (beyond TT&C operations, the current limitation). In the notice, the operator must certify that “all operations during the drift will be conducted on an unprotected, non-harmful interference basis and that all operations will be coordinated with any existing GSO space stations to ensure that no unacceptable interference results from operations during the relocation.” This streamlining revision eliminates the need for Special Temporary Authority in certain GSO satellite relocation cases.

Other FCC Application and
Filing Process Reforms

The Order will implement a number of other reforms meant to promote efficiency and inclusiveness as well as modernize the Commission’s processes.

• Permit-but-disclose (new Section 1.206(a)(12)). By default, all space and earth station applications will be “permit-but-disclose,” not “restricted,” enabling broader stakeholder participation and promoting transparency through the Commission’s ex-parte rules.

• Renewal Windows (revised Section 25.121(e)). The Commission is adopting a common time window for certain renewals. An earth station licensee may file to renew its license and an NGSO licensee may file for satellite replacement authorization between 12 months and 30 days before license expiration. The NGSO satellite replacement window will no longer be tied to the twelfth year of a fifteen-year license term.

• 30-Day Shot Clock (new Section 25.121(g)). If, within 30 days, the Bureau does not either take action on an earth station renewal application, or place it on public notice, the renewal will be granted automatically. This does not apply to renewal applications that make any modifications to the license, make any changes to the then-authorized operating parameters, or seek operations in a frequency band subject to a freeze on new or renewed licenses or is restricted in how a license may be renewed.

• STA Requests for Market Access Grantees (new Section 25.137(h)). Non-U.S. satellite operators who have already been granted U.S. market access will now be able to request Special Temporary Authority.

• No More Hardcopies (abrogated Section 25.110(e)). Paper copies of license applications need not be made or retained.

We will continue to monitor changes to the Commission’s rules that streamline processes related to satellite systems and earth stations including changes to the Order as issued.