The entrance to the FCC
Curt Blake, Senior Columnist and Sophia Galleher, both Senior of Counsel, Wilson Sonsini Goodrich & Rosati
In May of 2025, the Federal Communications Commission (FCC) unanimously voted to initiate a rulemaking proceeding that could open more than 20,000 MHz of spectrum for high-speed internet delivered from space—“more than the sum total of all spectrum available for satellite broadband today,” according to the agency’s statement.
The proposal targets four frequency ranges: the 12.7 GHz (Upper 12 GHz) band, the 42 GHz and 52 GHz bands, and portions of the so-called W-band (92.0-94.0 GHz, 94.1-100 GHz, 102.0-109.5 GHz, and 111.8-114.25 GHz).1
The item, which includes both a Further Notice of Proposed Rulemaking (FNPRM) and a Notice of Proposed Rulemaking (NPRM), is part of the FCC’s broader Final Frontiers agenda to promote “spectrum abundance” and secure U.S. leadership in the space economy.2 As broadband demand continues to surge—driven by streaming, AI workloads, cloud services, and global digital inclusion efforts—this proceeding may signal a strategic shift in the FCC’s approach toward spectrum access.
Previously, FCC actions often framed these bands as targets for terrestrial wireless use, particularly mobile broadband. However, in this proceeding, the FCC raises questions about whether satellite services—particularly geostationary (GSO) and non-geostationary (NGSO) systems—might make more intensive and efficient use of these bands than prior terrestrial-focused proposals.3
Below is an overview of each of the four frequency ranges under consideration.
The Upper 12 GHz Band
The Upper 12 GHz Band falls within the Ku-band (12–18 GHz), which is commonly used for satellite communications, including Direct-to-Home (DTH) television broadcasting, video distribution, and broadband internet. While the Upper 12 GHz band is already allocated on a co-primary basis for satellite, fixed, and mobile services, current restrictions significantly limit satellite operations in the band.4
Specifically, GSO satellite operations in the band are limited to communications between domestic and international points, while NGSO fixed-satellite service (FSS) operations are restricted to uplink-only transmissions, and only through individually licensed Earth stations. Notably, theTable of Frequency Allocations does not reference Part 25 satellite service rules for this band.5
The Further Notice of Proposed Rulemaking (FNPRM) seeks comment on whether to eliminate or revise these restrictions. It asks whether expanding satellite access—including for both GSO and NGSO systems—could support more efficient and intensive use of the Upper 12 GHz band than proposals focused on terrestrial mobile broadband.
The FNPRM also considers new use cases, including expanding satellite access to Earth Stations in Motion (ESIMs), which the FCC has already authorized with NGSO FSS systems in the adjacent 12.2-12.7 GHz band in the space-to-Earth direction.6 It further asks whether the Upper 12 GHz band could be used for FSS (space-to-Earth) operations—either in addition to, or instead of, current uplink (Earth-to-space) allocations—and whether such downlinks, especially to blanket-licensed user terminals, could offer valuable contiguous spectrum for high-speed services.
At the same time, the FNPRM highlights ongoing concerns about interference and spectrum sharing, particularly with federal users. The 12.75–13.25 GHz segment is allocated for NASA’s Deep Space Network. Adjacent bands—from 13.25–13.4 GHz (used by the Department of Defense and the FAA) to 13.4–13.75 GHz (supporting operations by the DoD, NASA, NOAA, and others)—host critical federal systems.
The National Telecommunications and Information Administration (NTIA) has previously warned that expanded use of the 12.7 GHz band could interfere with sensitive federal systems, including airborne Doppler radar and emerging unmanned aircraft detect-and-avoid technologies.
Accordingly, the FCC invites comment on potential mitigation strategies and coordination frameworks to protect incumbents and adjacent-band operations—factors that will likely shape the scope and timeline of any satellite service expansion in the Upper 12 GHz Band.
The 42 GHz Band (42.0–42.5 GHz)
The 42 GHz band is relatively undeveloped in the U.S. spectrum landscape. While it is allocated on a primary basis to non-Federal fixed and mobile services, the FCC has not adopted service rules for the band, and it is not currently in use. The band is also not allocated for satellite use, and the FCC has previously declined to make such an allocation—twice rejecting proposals to authorize downlink (space-to-Earth) satellite services in the band.7
In 2023, the FCC issued an NPRM proposing to open the 42 GHz band to expanded terrestrial use—particularly by smaller providers—under a shared licensing model intended to promote flexible, efficient spectrum use.8 However, in the current FNPRM, the FCC seeks further comment on whether adding satellite allocations to the band could support more intensive use, particularly in light of recent growth in demand for high-band spectrum by NGSO fixed-satellite service (FSS) operators.9
FCC Commission Meeting Room
Specifically, the FCC seeks comment on whether the band should support FSS (space-to-Earth) operations on either a primary or secondary basis. It also raises questions about whether uplink (Earth-to-space) satellite operations could be supported. The FNPRM invites input on whether a shared approach—such as a secondary FSS allocation alongside non-exclusive terrestrial licenses—could maximize use of the band while also protecting adjacent services.10
The FCC also seeks comment on coexistence with federal and non-federal operations in the adjacent 42.5–43.5 GHz band, which is used for radio astronomy and supports primary federal allocations for FSS (Earth-to-space), fixed services, and mobile services (except aeronautical mobile). The FCC asks how satellite use in the 42 GHz band could be introduced without causing harmful interference to these adjacent users, and whether existing footnotes in the Table of Allocations—particularly US211 and US342—provide sufficient protection.11
The 52 GHz Band (51.4–52.4 GHz)
The 52 GHz band represents 1000 MHz of “lightly used spectrum” that could offer valuable new capacity for satellite communications.12 While the band is currently allocated domestically on a shared basis for federal and non-federal fixed and mobile services, international allocations support GSO FSS operations in the Earth-to-space direction on a co-primary basis.13
Building on that international momentum, the NPRM proposes to adopt a domestic allocation for FSS (Earth-to-space) in the 52 GHz band. The FCC notes that there has been “growing and intense support to open up the 52 GHz band domestically after international decisions at [2019 World Radiocommunication Conference (WRC-19)]” and a strong record has developed over the past decade in support of satellite use in this band.14
The current NPRM seeks comment on whether a new FSS allocation would promote more efficient and intensive use of this underutilized spectrum, and whether such use should be limited to NGSO systems. The FCC also invites input on coexistence with existing and potential future users—both federal and non-federal—as well as services in adjacent bands, including the nearby 52.6–54.6 GHz band, which is subject to protections under domestic and international footnotes.
The W Band
The FCC also proposes to open portions of the so-called W-band for satellite communications—namely, the 92.0–94.0 GHz, 94.1–100 GHz, 102.0–109.5 GHz, and 111.8–114.25 GHz frequency ranges. These frequencies, requested by SpaceX, would support high-capacity NGSO FSS operations, particularly for satellite backhaul and, according to SpaceX, give U.S. licensed operators a “first-mover advantage” while facilitating future growth and innovation of next-generation satellite services.
The FCC seeks input on potential FSS allocations in these bands, including whether to limit operations to individually licensed Earth-to-space gateway stations and NGSO systems. Given that these bands are subject to protections for radio astronomy, the FCC also asks for comment on coexistence strategies to protect incumbent and adjacent-band operations.
Next Steps: Comments and Coordination
Comments on the FNPRM and NPRM will be due 30 days after publication in the Federal Register, with reply comments due 60 days later.
This proceeding comes at a time of renewed global focus on satellite spectrum policy. From Europe’s IRIS² (Infrastructure for Resilience, Interconnectivity and Security by Satellite) initiative to China’s G60 Starlink counterpart, international efforts to expand satellite connectivity are accelerating—and spectrum access remains a central issue.
Through its Final Frontiers agenda, the FCC is positioning the U.S. to take a more active role in shaping this next phase of space-based communications. The outcome of this rulemaking could help define how U.S. satellite operators access spectrum and compete in an increasingly complex and dynamic communications landscape.
References
1 Satellite Spectrum Abundance, Further Notice of Proposed Rulemaking and Notice of Proposed Rulemaking, SB Docket No. 25-180 (2025) (Spectrum Abundance Item); see also FCC Looks to Unleash More than 20,000 Megahertz for Satellite Spectrum Abundance, Press Release, FCC, May 22, 2025, https://docs.fcc.gov/public/attachments/DOC-411583A1.pdf.
2 In March 2025, Chairman Brendan Carr announced that three “north stars” will guide the FCC’s Final Frontier agenda—speed, simplification, and spectrum. See Chairman Carr Announces Early Wins at Launch of Satellite Week, FCC, Mar. 10, 2025, https://docs.fcc.gov/public/attachments/DOC-410075A1.pdf; see e.g., Promoting the Development of Positioning, Navigation, and Timing Technologies and Solutions, Notice of Inquiry, WT Docket No. 25-110 (2025); Modernizing Spectrum Sharing for Satellite Broadband, Notice of Proposed Rulemaking, SB Docket No. 25-157 (2025).
3 See Spectrum Abundance Item ¶ 2.
4 See 47 CFR § 2.106(a); see also 47 CFR Part 25.
5 See 47 CFR § 2.106(a); see also 47 CFR Part 25.
6 ESIM is a term that collectively designates earth stations operating aboard aircraft, vessels, and vehicles that receive from and transmits to FSS space stations. 47 CFR § 25.103 (definitions of ESIM, Earth Station Aboard Aircraft (ESAA), Earth Station on Vessel (ESV), and Vehicle-Mounted Earth Station (VMES)); see Spectrum Abundance Order ¶¶ 21-23.
7 See Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 8014 (2017) (First V-band R&O) (declining to allocate the 42 GHz band for FSS downlink operations); Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, Third Report and Order, Memorandum Opinion and Order, and Third Notice of Proposed Rulemaking, 33 FCC Rcd 5576 (2018) (Third V-band MO&O) (declining to reconsider the decision not to allocate the 42 GHz band for FSS use).
8 See Shared Use of the 42-42.5 GHz Band; Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, Notice of Proposed Rulemaking, 38 FCC Rcd 6362 (2023) (42 GHz NPRM)
9 See Spectrum Abundance Item ¶¶ 46, 50 (seeking comment on whether to maintain the existing primary allocations for FS and MS in the 42 GHz band, if it is determined that this high-band spectrum could be used more efficiently and intensively by satellite communications).
10 Id. ¶¶ 49-51.
11 Id. ¶¶ 53-55.
12 Statement of Chairman Brendan Carr, FCC, May 22, 2025,
docs.fcc.gov/public/attachments/FCC-25-29A2.pdf.
13 See Spectrum Abundance Item ¶ 57.
14 FCC Looks to Unleash More than 20,000 Megahertz for Satellite Spectrum Abundance, Press Release, FCC, May 22, 2025, docs.fcc.gov/public/attachments/DOC-411583A1.pdf.
Author Curt Blake, Senior Columnist to SatNews Publishers, is Senior Of Counsel at Wilson Sonsini Goodrich & Rosati. He is an attorney and senior executive with more than 25 years of experience leading organizations in high-growth industries— and more than 10 years as the CEO of Spaceflight, Inc.— at the forefront of the New Space revolution. Curt has extensive expertise in strategic planning, financial analysis, legal strategy, M&A, and space commercialization, with deep knowledge about the unique challenges of New Space growth and the roadmap to success in the that ecosystem.
The views expressed in this article reflect those of the author himself and do not necessarily reflect the views of his employer or its clients.
