The Federal Communications Commission (FCC or Commission) has circulated a draft Notice of Proposed Rulemaking (NPRM) for consideration at its March 26, 2026, Open Meeting. The draft NPRM proposes two paths to making spectrum available for “emergent space operations” (a.k.a., cutting-edge non-telecommunications-focused space operations). If adopted, comments will be due 30 days after the draft NPRM is published in the Federal Register, and reply comments will be due 30 days later.
Titled “Spectrum Abundance for Weird Space Stuff,” the draft NPRM reflects the Commission’s growing emphasis on ensuring that the United States maintains its leadership in the rapidly expanding commercial space sector. In particular, the Commission notes that many emerging space missions — such as satellite servicing, orbital laboratories, and robotic activities on the lunar surface — require reliable spectrum for operational and safety functions. However, these non-telecommunications-focused services have not traditionally commanded the FCC’s regulatory attention and face a shortage of usable and readily accessible spectrum.
The draft NPRM proposes to address the spectrum needs of these technologies by: (1) exploring ways to clarify existing regulations to enable spectrum access, and (2) identifying new spectrum bands for potential use by emerging technologies.
The Problem Statement
The draft 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” or radiocommunications services provided to the public.
The Commission identifies several interlocking factors that have created a “spectrum crunch” and constrain the availability of spectrum for these emergent space operations:
- Spectrum used for emergent space operations may not clearly fall within an existing radiocommunication service;
- Spectrum available for emergent space operations may be prioritized for federal operations and can be difficult to access; and
- Non-federal spectrum bands that could support emergent operations are also congested.
In the draft NPRM, the Commission seeks comment on proposals to make spectrum available for the command and control of spacecraft that do not otherwise provide radiocommunication services to the public.
Regulatory Clarifications to Facilitate Predictable Spectrum Access
The draft NPRM first proposes to codify several FCC policies and seeks input on regulatory clarifications intended to promote use of existing service allocations to advance spectrum access for emergent space operations.
Codifying the Permissibility of Frequency “Piggybacking”
The draft NPRM proposes to codify the permissibility of “piggybacking” — that is, authorizing a space station to communicate in frequency bands already authorized for use by another spacecraft. The Commission previously authorized space station “piggybacking” for in-space servicing missions where a space station would be physically proximate to, or interfaced with, a consenting client spacecraft.
Pursuant to this proposal, the Commission asks a series of questions, including: (i) how to define a “client” spacecraft, (ii) whether consent should be required, and if so, how it should be evidenced, and (iii) the permissibility of piggybacking with non-U.S.-licensed spacecraft, including those without market access. (Operators interested in piggybacking with non-U.S. licensed spacecraft for spectrum access may additionally wish to remain apprised of developments in the FCC’s Satellite Market Access Reciprocity proceeding.)
Clarifying That Emergent Space Operations May Fall Within Existing Services
International law, incorporated into the FCC’s rules, defines distinct types of radiocommunication services (e.g., fixed satellite service (FSS), mobile satellite service (MSS), and Earth exploration satellite service (EESS)), which are each allocated specified spectrum for exclusive or shared use. Depending on the spectrum allocated, different technical rules and/or frequency coordination schemes will apply. Because of the lack of precedent indicating where the unique radiocommunications needs of emergent space operations fit into these service categories, parties have asked the FCC to clarify under which (if any) categories emergent space operations would fall. The answer would then allow operators to more readily identify the spectrum in which they may operate, subject to FCC approval.
At this time, the Commission proposes to continue its general approach of analyzing service categorizations for emergent space operations on a case-by-case basis, and not to exclude operators from applying to use frequencies in any service allocation in which their operations could justifiably fit. However, the draft NPRM also seeks input on two potential regulatory changes impacting whether emergent space operators could utilize spectrum: (i) for the Space Research Service (SRS), clarifying in a footnote or otherwise which operations may use SRS allocations, and (ii) for EESS, potentially excluding specific allocations — in particular, EESS passive allocations — from potential use. The draft NPRM anticipates that clarifying the availability of either or both of those bands for emergent space operations would provide a heightened degree of regulatory certainty for emergent space operators when seeking Commission authority for their radiocommunications needs.
Revisiting Telemetry, Tracking, and Command
FCC Chairman Brendan Carr recognizes that American innovators face an acute shortage of accessible and reliable spectrum for space station telemetry, tracking, and command (TT&C) functions. Currently, TT&C is typically authorized as ancillary to another licensed service, which results in TT&C operations being performed in the same frequency band as the licensed service. For example, an MSS space station would utilize spectrum allocated to MSS for both service links and TT&C links. Although spectrum allocated to the Space Operation Service (SOS) can be used exclusively for spacecraft operations (e.g., TT&C), there are no SOS allocations reserved for non-federal use in the United States, and most SOS allocations are heavily congested and relied upon by federal operators. Accordingly, if a space station is not performing another licensed service, it faces a shortage of spectrum for TT&C functions.
The draft NPRM therefore proposes to establish a new regulatory pathway that would provide emergent space operators with access to spectrum for TT&C. First, the Commission seeks comment on permitting emergent TT&C operations in FSS allocations. While the draft “envisions” and “expects” such TT&C operations would be licensed on an unprotected, non-interference basis and subject to coordination with other authorized spectrum users, it also seeks input on whether TT&C could be recognized as a form of FSS, which may open the door to advocating for some level of interference protection.
Second, and relatedly, the draft NPRM also seeks input on whether allocations for other space radiocommunication services — such as the MSS or Broadcast Satellite Service (BSS) — could accommodate TT&C for emergent space operations on an unprotected, non-interference basis.
Finally, the draft NPRM seeks input on several particulars of TT&C functions, including: (i) suitability of performing TT&C operations on an unprotected, non-interference basis; (ii) appropriateness of construing the definition of TT&C to include data downlink operations; and (iii) if “space telecommand” and “space telemetry” are interpreted to include data downlink or other functions, how to reflect such an interpretation in the FCC’s rules, and the effect of such an interpretation on sharing and accommodation of TT&C.
Unlocking More Spectrum for Emergent Space Operations
The second focus of the draft NPRM is identifying potential spectrum to support emergent space operations. In particular, the Commission seeks input on identifying spectrum that is: (i) already allocated for non-federal use; (ii) used intensively in some geographic areas, but not others; and (iii) not shared with federal users, or if shared, where federal use is not intensive or is allocated on a secondary basis.
The draft NPRM then invites input on how to effectuate emergent space operators’ use of identified spectrum in the United States — e.g., through flexible use, leasing/secondary markets, and/or competitive bidding proposals — and what corresponding changes, if any, would be needed internationally.
Adding a Secondary Allocation for SOS (Earth-to-Space) at 2320-2345 MHz, Or Other Nearby S-band Spectrum
The Commission proposes to add a secondary allocation to the U.S. Table of Frequency Allocations for non-federal SOS uplink in the 2320–2345 MHz (Earth-to-space) band. The FCC tentatively finds that three factors make the 2320-2345 MHz band particularly well suited for more intensive use for TT&C in support of emergent space operations: (i) it is located within the S-band and is in relatively close spectral proximity to the 2025-2110 MHz (Earth-to-space) and 2200-2290 MHz (space-to-Earth) bands, which contain SOS allocations and are frequently requested for TT&C operations; (ii) there are very few spectrum users of the 2320-2345 MHz band in the United States; and (iii) the incumbent U.S. licensee does not provide service in Hawaii or portions of Alaska (thus allowing emergent space operators who may downlink in those regions to more easily mitigate the potential of harmful interference to the incumbent).
The Commission seeks comment on factors that may be significant barriers to the viability of this band for space operations, including international permissibility of an SOS uplink (noting this band is generally not allocated for satellite services internationally), and whether current commercial solutions supporting uplink and downlink in spectrum below 2320 MHz are indeed “readily” adaptable for use in the 2320-2345 MHz band. Further, the draft NPRM asks if new legal or technical requirements, such as power limits and antenna elevation angle restrictions, would need to be adopted along with a new secondary allocation.
The Commission also asks whether the following additional bands could be made available for SOS command uplinks:
- 2305-2315 MHz;
- 2315-2320 MHz;
- 2345-2350 MHz; and
- 2350-2360 MHz
Authorizing Inter-Satellite Links for TT&C
Experimental and small satellites that test and/or demonstrate emergent space operations have sometimes leveraged low-mass, commercially available equipment to complete radiocommunications via inter-satellite links (ISLs) with other “communications” satellites. The draft NPRM asks whether already-licensed space stations should be authorized by rule to use FCC-licensed ISLs to provide TT&C and data downlinks and uplinks to and from emergent space operations. Relatedly, the Commission asks whether it should limit or identify the specific frequency bands in which ISLs may be used and how to address international coordination for ISLs given ongoing international discussions.
Conclusion
In sum, the draft NPRM represents a notable step in the FCC’s ongoing effort to adapt its spectrum framework to the realities of a rapidly evolving commercial space sector. By exploring both regulatory clarifications and potential new spectrum opportunities, the Commission appears intent on lowering barriers for emergent space operations such as in-orbit servicing, orbital manufacturing, and lunar surface operations. Stakeholders developing or supporting these technologies should closely review the proposals and, if adopted at the March Open Meeting, consider participating in the proceeding, as the Commission’s decisions may shape the spectrum landscape for a new generation of non-traditional space activities.
