FCC Seeks Comment on Expanding Spectrum Access for "Weird Space Stuff"

On March 26, 2026, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on a series of proposals designed to expand spectrum access for "emergent space operations." The proceeding, titled "Spectrum Abundance for Weird Space Stuff," focuses on spacecraft and other commercial space operations that require spectrum for telemetry, tracking, and command (TT&C) but may not fit neatly within existing radiocommunication service categories. As Chairman Carr noted in his statement on the NPRM, "America's space companies, even the weird ones, need plentiful access to spectrum." Comments will be due 30 days after the NPRM is published in the Federal Register with Reply Comments due 60 days after publication.

The NPRM defines emergent space operations as "spacecraft or commercial operations in space that use radio spectrum for the control of, or communications with, a spacecraft, but not for satellite communications." The Commission seeks to address the growing spectrum needs for these operations—which include lunar missions, orbital laboratories, and a variety of commercial in-space servicing, assembly, and manufacturing (ISAM) missions—that require reliable access to spectrum by private entities to support critical operational and safety functions. The NPRM notes that these operations have historically received less attention in FCC spectrum policy and that, consequently, existing regulatory frameworks may not adequately accommodate their needs.

Key Takeaways

• The Commission identifies an "acute shortage" of usable and accessible spectrum to support TT&C for emergent space operations and asserts that this shortage could delay the growth of domestic space technologies.
• The NPRM cites several "interlocking factors" causing this shortage, including:
  • Significant growth of the commercial space industry and increased demand for spectrum to support these operations.
  • The lack of radiocommunication service allocations dedicated specifically to TT&C for such operations.
  • TT&C in support of emergent space operations may not fit cleanly into the Commission's existing radiocommunication service definitions.
  • Federal and non-federal spectrum bands that are, or could be, used are frequently congested and not always readily accessible by private entities.
• To address the spectrum shortage, the Commission proposes to both clarify existing regulatory classifications to allow for more predictable spectrum access and to identify and unlock additional non-federal spectrum bands that could support TT&C operations.

Proposals to Clarify the Use of Existing Spectrum Allocations

Because there is currently no radiocommunication allocation specifically dedicated to emergent space operations, the Commission seeks to provide greater regulatory clarity about how existing spectrum allocations may be used to support these operations. To do that, the NPRM proposes to codify several existing Commission practices and seeks comment on expanding access to existing spectrum allocations for TT&C.

Codification of Spectrum "Piggybacking" Arrangements

In the NPRM, the Commission proposes to codify the use of frequency "piggybacking," a practice that allows a "spacecraft to communicate in frequency bands already authorized for use by another spacecraft while the two spacecraft are connected or working together in close proximity to each other." The Commission has authorized such operations on a case-by-case basis but now seeks comment on authorizing the practice by rule in certain circumstances. Specifically, the Commission proposes to allow such "piggybacking" where the client spacecraft "is also authorized by the Commission or has obtained a grant of U.S. market access," so long as the applicant makes certain certifications about the space station's interaction with the client spacecraft, including as to conformity with the client spacecraft's ITU filings and licensed frequencies. The Commission also seeks comment on the definition of a "client spacecraft," whether it should allow piggybacking in instances other than servicing, monitoring, or collaborating with a client spacecraft, and implementation matters related to the proposal.

Authorizing Standalone TT&C Within Existing Fixed Satellite Service (FSS) Allocations

The NPRM seeks comment on authorizing standalone TT&C use for emergent space operations within spectrum bands that are currently authorized for FSS, many of which are already used to support other TT&C operations. The Commission states that it envisions that such operations "would be on an unprotected, non-interference basis, subject to coordination with other authorized spectrum users." The NPRM also seeks comment on whether:

• Authorizing TT&C on an unprotected, non-interference basis would be sufficient for certain critical operations, including rendezvous and proximity operations (RPO) and docking.
• TT&C could be provided in frequency bands allocated for other space-based communications services, including the Mobile Satellite Service (MSS) and Broadcasting Satellite Service (BSS).

Refining the Definition of TT&C

The NPRM seeks comment on whether the definitions of space telecommand and space telemetry in the Commission's rules should be reinterpreted or revised to clarify that TT&C can include data downlink operations during maneuvers, such as RPO or docking. The Commission seeks comment on whether this expanded concept of TT&C would crowd out existing and future narrowband TT&C spectrum uses and on how best to reflect such an interpretation in the FCC's rules.

Clarifying Use of Existing Radiocommunication Service Allocations

The Commission proposes to continue its current practice of evaluating requests to operate space stations in support of ISAM and other emergent space operations within existing service allocations on a case‑by‑case basis, so long as those operations "justifiably fit" within the service allocation definition. In response to stakeholder requests for greater clarity, the Commission tentatively concludes that the Earth Exploration Satellite Service (EESS) should not be preemptively excluded from case-by-case consideration for emergent space operations and seeks comment on considerations specific to the types of operations that may fall within the definition of the Space Research Service (SRS).

Proposals to Unlock Non-Federal Spectrum Bands

The Commission's second set of proposals focuses on identifying bands that are already allocated for non-federal use that could be used to support the TT&C needs of emergent space operators. In particular, the Commission focuses on spectrum bands with few incumbent operators that do not include primary allocations for federal operations and that may not be used intensely across all geographic areas (e.g., rural areas and areas outside of the contiguous United States).

New Space Operation Service Spectrum Allocation in the 2320-2345 MHz Band

The NPRM proposes to add a secondary allocation for the Space Operation Service (SOS) in the 2320-2345 MHz band for Earth-to-space command uplinks supporting emergent space operations. The band is currently used in the United States for the Satellite Digital Audio Radio Service (SDARS).

The Commission tentatively concludes that the band is well suited for SOS purposes because:

• It is in "relatively close" spectral proximity to other frequency bands (i.e., 2025-2110 MHz and 2200-2290 MHz) that currently include SOS allocations, are heavily used for federal space operations, and are frequently requested for TT&C in support of ISAM operations and other spacecraft.
• A single entity controls the SDARS licenses in the band within the United States and the band does not include primary federal allocations.
• The incumbent SDARS licensee's use is focused on the continental U.S., presenting more potential opportunities for coordinated access to the band.

The Commission also tentatively concludes that limiting the new SOS allocation to uplinks is less likely to cause harmful interference to existing operations. The Commission seeks comment on these proposals and on whether any new technical or legal requirements should be adopted (e.g., antenna elevation restrictions, further geographical limitations, and protections for adjacent band licensees) to provide certainty regarding the scope of permissible operations in the band.

Leasing Model

The Commission proposes to make the 2320-2345 MHz band available for SOS uplink via a novel spectrum leasing approach modeled in part on the de facto transfer leasing model used by terrestrial wireless licensees. Under this approach, prospective earth station operators would be required to certify that their proposed operations have been coordinated with and approved by the incumbent SDARS licensee before beginning operations. The Commission also tentatively concludes that the SDARS licensee may require financial compensation for these arrangements. In addition, unlike spectrum leasing in terrestrial wireless services, under the Commission's proposed model, entities wishing to use the 2320-2345 MHz band to provide uplink TT&C would be required to take the extra step of obtaining earth station licenses. The Commission seeks comment on these proposals and tentative conclusions, including implementation details.

The Commission also seeks comment on alternate approaches, including:

• Using a variation on the Commission's spectrum manager leasing rules.
• Allowing earth station operators to provide uplinks to non-communications satellites within a defined geographic area (e.g., northern Alaska) without coordinating with the incumbent SDARS license holder.
• The viability of using other market-based mechanisms, including competitive bidding, to facilitate the use of the 2320-2345 MHz band consistent with the Commission's statutory authority (e.g., the Open-market Reorganization for the Betterment of International Telecommunications Act (ORBIT Act)).

Potential Expansion to Other Spectrum Bands

The Commission seeks comment on whether to make other bands available for SOS command uplinks, including: (1) the SDARS guard bands at 2315-2320 MHz and 2345-2350 MHz; and (2) the WCS bands at 2305-2315 MHz and 2350-2360 MHz. The Commission seeks comment on whether the proposed spectrum leasing—or alternate geographic and market-based access models—should be applied to these bands as well as band specific coordination and operational considerations. Notably, the Commission seeks comment on whether additional coordination measures or restrictions would be needed to protect aeronautical mobile telemetry (AMT) operations in the 2360-2395 MHz band. The Commission also solicits feedback on other spectrum bands that could be used to support TT&C for emergent space operations for possible consideration in a future rulemaking.

Intersatellite Links

The Commission also seeks comment on whether to allow licensed satellite operators to provide TT&C and data downlinks for emergent space operations without seeking additional authorization from the Commission. The Commission states that it expects that this approach could leverage existing ground and space-based infrastructure and greater use of off-the-shelf equipment to provide additional spectrum for emergent space operations. According to the Commission, this approach could particularly benefit small and experimental satellites.

Next Steps

This proceeding is a significant step in the Commission's broader effort to modernize its spectrum policies to meet the needs of the rapidly evolving space sector. Any company considering deployment of satellite-servicing technologies, lunar missions, habitable spacecraft, or other innovative space-based operations should consider participating in the rulemaking.

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DWT's communications and technology team regularly advises clients on spectrum access and related regulatory issues. We are closely monitoring this proceeding and are available to assist companies in evaluating the potential impact of the FCC's proposals or preparing comments in this proceeding. For more information, please reach out to Paul Powell or another member of our team and sign up for our alerts.