Key Takeaways
- Unlocking Part 15 Spectrum for D2D: The FCC adopted an NPRM exploring rule changes to allow devices operating under Part 15 unlicensed rules (such as Wi-Fi and Bluetooth) to communicate directly with authorized satellites.
- SCS-Style Rules: Mirroring its SCS regime, the FCC proposed authorizing Part 15-compliant user equipment to communicate with satellites as earth stations on a “license-by-rule” basis under Part 25/Part 100 without requiring individual earth station applications. Satellites would be licensed under its existing rules.
- Spacecraft In-Cabin Rules & ISAM: The NPRM proposed adding rules for Part 15 devices inside spacecraft, while seeking broad comment on using unlicensed spectrum/devices for transmissions from spacecraft.
- National Security Guardrails: The FCC sought comment on barring entities listed on the Commission’s “Covered List” from participating in these new unlicensed satellite networks.
- Comments are due November 9, 2026, and reply comments are due December 7, 2026.
On August 6, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that proposed the next big expansion of direct-to-device (D2D) connectivity: allowing satellites to connect with consumer devices via so-called “unlicensed spectrum.” Building on its existing Supplemental Coverage from Space (SCS) framework—which enables satellite connectivity over licensed spectrum used for terrestrial wireless broadband—this proposal would allow existing unlicensed devices authorized under the FCC’s Part 15 rules (such as those using Wi-Fi and Bluetooth) to communicate with satellites, significantly expanding connectivity in areas without terrestrial infrastructure.
How Will It Work?
The FCC proposed allowing D2D connectivity in two bands which play major roles in terrestrial communications: the 2.4 gigahertz (GHz) band (2400-2483.5 megahertz (MHz)) and the 5 GHz band (5725-5850 MHz, often referred to as the U-NII-3 band). These two chunks of spectrum host a significant portion of unlicensed transmissions today, making them both excellent candidates for this new D2D offering (since nearly all consumer devices contain the right radios). Also a key factor in selecting these bands is that the FCC’s rules allow operations in these bands at “significantly higher power levels” than many other unlicensed bands. The NPRM leaves open the question of whether new D2D operations in these bands can coexist with existing Wi-Fi, Bluetooth and other Part 15 devices without materially impacting the radio frequency (RF) operating environment. Interestingly, the draft NPRM had originally proposed to also consider the 902-928 MHz band (also known as the Industrial, Scientific and Medical (ISM) band), but pushback prior to the Open Meeting resulted in the FCC dropping that from the final item.
To that end, the FCC proposed maintaining most existing technical rules found in Part 15 today, in particular not allowing an increase in power limits to ease connecting over such long distances. It also sought comment on whether to limit space-to-Earth transmissions to only the 5725-5850 MHz portion proposed spectrum, keeping the remaining frequencies exclusively for Earth-to-space transmissions, but it also asks whether Earth-to-space transmissions could be accommodated. The FCC sought comment on what additional technical requirements it should put in place to protect incumbent operations, including federal radar systems.
(Un)Licensing Regime
The FCC’s proposed framework for unlicensed D2D largely mirrors the SCS framework the agency put in place in 2024, with satellites transmitting in these bands licensed under the same Part 25 (soon, Part 100) rules as other satellites and terrestrial devices licensed-by-rule. The former ensures that satellites continue to provide all necessary information and comply with FCC rules related to things like orbital debris mitigation, and the latter ensures the FCC continues to comply with its international earth station licensing obligations while generally mirroring the flexibility of the unlicensed ecosystem, avoiding the need for device owners and manufacturers to apply for individual earth station licenses.
The FCC also proposed to license satellite transmissions on an unprotected, non-interference basis—which also applies to unlicensed terrestrial transmissions—meaning devices operating in these bands have no protection rights as to one another and must fully protect incumbent operations. Because these operations would not be consistent with international spectrum allocations, the FCC proposed to license them under the International Telecommunication Union’s Article 4.4 framework for non-conforming uses and sought comment on protections necessary to ensure non-interference with operations in Canada, Mexico and other countries.
Wi-Fi in Space
Recognizing that unlicensed technologies and spectrum have been present in orbit for a long time, particularly with astronauts bringing consumer devices aboard the International Space Station, the FCC proposed to incorporate the use of Part 15 devices in space. It noted that spacecraft shielding makes the risk of harmful interference from devices aboard spacecraft unlikely, and therefore proposed to allow those operations without additional restrictions. The FCC also sought comment on the use of unlicensed devices outside spacecraft, including for sensors, control of robotic arms, or inter-spacecraft communications.
In addition to looking at ways unlicensed technologies can be used to enable greater communications in space, the FCC also sought comment about whether to adopt rules on unintended RF emissions in space. It pointed to several recent studies showing potential unintended emissions from satellites and asked whether these have the potential to cause harmful interference.
Covered List Implications
Of course, given the FCC’s recent focus on the Covered List as a way to secure communications networks and onshore manufacturing, the FCC sought comment on how to ensure devices on the Covered List don’t get roped into the license-by-rule framework it proposes, especially since this could allow them to offer communications services in the U.S.
Closing Thoughts
While technical constraints will prevent unlicensed D2D from taking the place of outdoor Wi-Fi deployments (at least in the short term), the commercial wireless D2D market shows there is significant interest in utilizing satellites to fill coverage gaps and provide greater competition. This rulemaking presents an opportunity for D2D stakeholders to access additional bandwidth for their new services, while creating a potential risk to the RF operating environment for unlicensed stakeholders.
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