On July 22, 2026, the Federal Communications Commission (the “FCC”) voted to approve a Report and Order (the “Order”) and Further Notice of Proposed Rulemaking (the “FNPRM”) that will rework and modernize the FCC’s satellite licensing regime. Stating that “[a]chieving American space superiority is critical to our nation’s future,” the Order streamlines the FCC’s satellite application and licensing procedures to support commercial deployment of space infrastructure. The Order also relocates and reorganizes the current part 25 satellite licensing rules to a new part 100. The FNPRM seeks public comment on how the FCC can further modernize its space technology regime. The Order and FNPRM follow a Notice of Proposed Rulemaking from October 2025 (the “NPRM”), which we previously covered.
The Order generally adopts the proposals from the NPRM with some adjustments. Most notably, the Order establishes a licensing “assembly line” meant to streamline the application and review process. The Order also institutes a “default to yes” regime, under which the FCC will presume that an application is in the public interest if it satisfies the part 100 rules. The Order makes a number of other licensing updates, including reworking the processing round framework, adding new licensing categories, and updating rules to reflect innovations in space technology.
I. The Licensing “Assembly Line”
The Order creates a three-step “licensing assembly line” meant to deliver greater speed, predictability, and flexibility for applicants.
- Revised application requirements. The revised application requirements will be modular, only require necessary information, and remove the need for applicants to provide repetitive information. Application forms Schedule O and Schedule F (for space stations) and Schedule B (for earth stations) will rely on a “certification-based” approach under which applicants certify affirmatively to whether the application meets the FCC’s rules rather than demonstrating compliance in the application itself. The Order also makes a number of other procedural fixes, such as removing the requirement to request a waiver to submit supplements that are technologically incompatible with application forms and clarifying that application fees are due at the time of filing.
- Application handling. Within 30 days of filing, the FCC will determine whether an application is complete and either place the application on public notice or notify the applicant of any deficiencies. Applications will be placed on public notice for 15 days unless otherwise required by statute. The Order does not adopt the 7-day public notice period for “expedited processing” of certain applications proposed by the NPRM.
- Application review. The FCC adopts a “default to yes” regime under which applications that part 100 rules are presumed to serve the public interest. If an application falls within a “targeted review category,” the application will not receive the presumption. These categories are Failure to Certify, Waiver Requests, Market Access, Foreign Ownership, Processing Round, Spectral Constraints, and Federal Coordination. If the FCC does not act within 60 days of the end of the comment period, it must tell the applicant why it has not taken action.
II. Earth Station Licensing Reform
The Order establishes a Nationwide, None-Site license, which will permit one or more Immovable Earth Stations to operate anywhere within the U.S. and its territories, subject to completion of site-based registration and coordination procedures. An Immovable Earth Station is a new category, covering earth stations that are not VSATs, User Terminals, ESIMs, SCS Devices, or Mobile Earth Terminals. Responding to confusion in the record, the FCC clarified that a Nationwide, Non-Site license confers no operational authority until a site is registered pursuant to the license, whereas a blanket license provides operational authority once it is issued.
III. Bright-Line Application Criteria
Orbital safety. The FCC adopted its proposal to require applicants to submit certifications as to whether their proposed systems will comply with specific orbital debris criteria, including collision risks and human casualty risks. As proposed in the NPRM, NGSO satellites must be trackable and operators must assess conjunction risks and take collision-mitigation measures consistent with the FCC’s orbital safety requirements. The new rules require applicants to certify that all NGSO satellites “will be designed and operated to de-orbit no later than five years after the end of the mission.” The FCC modified the NPRM proposal, which would have required applicants to certify that all NGSO satellites would be de-orbited within five years, after agreeing with commenters that applicants cannot guarantee future events that may be outside of their control.
Ephemeris data sharing. The FCC adopted its proposal to require all space station operators to file ephemeris data (i.e., spacecraft and space station location data) with a space situational awareness (SSA) provider. The FCC delegated authority to the Space Bureau (the “Bureau”) to determine eligible SSA providers.
Spectrum compliance. The Order creates a new Schedule F for frequency information, replacing the current Schedule S. Schedule F will require applicants to identify the requested frequency band for operation and the services in which the proposed space station(s) will operate. Schedule F will include certifications related to compliance with the FCC’s technical and operational rules, as well as with the ITU’s coordination procedures and agreements.
IV. Processing Rounds and Priority
The FCC revised its processing round procedures for NGSO systems, largely adopting the NPRM’s annual, band-specific framework. The new framework replaces the previous “lead application” approach and is intended to increase predictability for applicants and deter speculative filings.
Each year on January 1, the FCC will open processing rounds for bands that are heavily occupied and that require shared access through coordination. The Bureau will select the processing round-eligible bands and announce them at least 30 days prior to January 1. The Order directs the Bureau to initially open processing rounds for the Ka-, Ku-, V-, and Q-bands and then add to these bands as appropriate each year. Applicants will opt-in to a processing round, with the filing window lasting from January 1 through October 31. The FCC will continue to determine the priority status attached to a system authorized for NGSO operations based on the application filing date. The FCC declined to adopt the NPRM’s proposal to instead base priority on date of authorization.
To deter speculative applications and spectrum warehousing, processing round applicants must provide a surety bond and satisfy milestone requirements. Processing round applicants will be required to post a $10 million surety bond within 30 days of authorization. The surety bond will decline based on how much of the system is deployed and will reach $0 at 90% deployment. Systems authorized via processing rounds will still be held to the same six-year (50%) and nine-year (100%) milestones currently applicable under part 25.
V. Other Licensing Changes
Variable Trajectory Spacecraft Systems (VTSS). The FCC adopted its proposal to create a new licensing category for innovative space and satellite technologies that fall outside the scope of GSO or NGSO. The new category, VTSS, creates a pathway for spacecraft with unpredictable trajectories, including lunar missions and orbital transfer vehicles.
A single call sign for multiple GSOs. The new rules will allow operators to file a single application and obtain licensing authority under a single call sign for multiple GSO satellites operating at the same location.
License terms. The FCC adopted its proposal to extend the license term for most space and earth stations to 20 years. Applicants can request shorter license terms in an initial application and may retire satellites earlier when necessary.
Conditional grants and earlier earth station operations. The new rules will permit conditional grants to decouple the FCC’s review from other processes, namely during federal coordination, commercial coordination, and orbital debris deferral. Additionally, if an entity has a current and approved Form 312 and requests an earth station license without any waivers, that entity may begin operating earth stations on a non-interference, unprotected basis once the application is placed on public notice.
VI. Implementation, Transition, and Enforcement
The Order delegates management of the transition to the Bureau and directs the Bureau to issue a public notice announcing the date on which the new part 100 will become effective. The Order also directs the Bureau to provide licensees a window to identify conflicts between an existing authorization and the new rules and outlines steps licensees can take to update authorizations if necessary or preferable under the new rules.
The Order largely adopts the enforcement mechanisms proposed by the NPRM, including automatic termination for failure to operate within a specified timeframe or milestone failure, revocation, forfeitures, and targeted information requests.
VII. Further Notice of Proposed Rulemaking
The FNPRM seeks information to help further modernize the FCC’s rules and promote “American space dominance.” The FCC seeks input on topics including rules to give licensees greater operational flexibility, experimental licenses for space-based operations, NGSO call sign merging, simplifying license modifications, and more.
Comments on the FNPRM are due 30 days after publication in the Federal Register, and reply comments are due 60 days post-publication.