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Gerard J. Waldron

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the senior counsel on the House Subcommittee on Telecommunications. During his work for Congress, he was deeply involved in the drafting of the 1993 Spectrum Auction legislation, the 1992 Cable Act, the Telephone Consumer Protection Act (TCPA), CALEA, and key provisions that became part of the 1996 Telecommunications Act.

Gerry’s practice includes working closely on strategic and regulatory issues with leading IT companies, high-quality content providers in the broadcasting and sports industries, telephone and cable companies on FCC proceedings, spectrum entrepreneurs, purchasers of telecommunications services, and companies across an array of industries facing privacy, TCPA and online content, gaming, and online gambling and sports betting-related issues.

Gerry has testified on communications and Internet issues before the FCC, U.S. House of Representatives Energy & Commerce Committee, the House Judiciary Committee, the Maryland Public Utility Commission, and the Nevada Gaming Commission.

Contact:Read more about Gerard J. WaldronEmail

On July 17, 2025, the FCC released a discussion draft of a Report and Order (R&O) that, if adopted, would streamline processing of satellite and earth station applications and make other changes to satellite-related license requirements.  The Commission is scheduled to vote on the R&O – which may be subject to further modifications prior to the vote – at the Open FCC Meeting scheduled for Thursday, August 7, 2025.  Below is a high-level summary of some key changes included in the draft R&O.

  • New Flexibility in Adding Satellite Points of Communication.  The R&O creates a new type of earth station license ─ a “baseline license” ─ that would not require an earth station operator to specify satellite points of communication for the earth station in the initial application.  After receiving its baseline license, an operator could then flexibly add satellite points of communication (i.e., new satellites with which earth stations can communicate) as needed.  Notably, the R&O also would modify the process for adding a point of communication to allow for communications “immediately upon both filing notice . . . and pay[ing] the filing fee.”  This streamlined process means that the notice would be effective unless the FCC acted within 15 days after the filing fee is paid to review and remove the new point of communication. 
    • In addition to streamlining modifications for existing earth station licenses, this revision is intended to support the Ground-Station-as-a-Service (“GSaaS”) business model, whereby “a neutral host establishes connectivity to multiple satellite systems in space.”

Continue Reading FCC Releases Draft Report & Order Streamlining Satellite Licensing Processes

Updated June 27, 2025.  Originally posted May 28, 2025.

At an Open Meeting in May, the Federal Communications Commission (FCC)  unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless.  Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China.  Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.  Comments may be filed on or before July 28, 2025, and reply comments may be filed on or before August 26, 2025, as set forth in today’s Federal Register.

The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services.  This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.

The 12.7 GHz band

The 12.7 GHz band is currently allocated for satellite and terrestrial wireless uses, with limited Federal operations in the band.  The 12.75-13.25 GHz portion of the band is also allocated for NASA to operate its Deep Space Network.  The FCC’s U.S. Table of Frequency Allocations, which outlines how radio spectrum is allocated for use by various entities including Federal government and private sector entities, precludes fixed-satellite service (FSS) systems in geostationary orbit from using the 12.75-13.25 GHz band for domestic services.  The FNPRM asks whether it is still necessary to prohibit FSS deployment in the 12.7 GHz band, or if there are other ways to protect incumbent operations without prohibiting domestic satellite operations. 

This FNPRM follows the FCC’s recent efforts to more effectively utilize the 12.7 GHz band.  In October 2022, the FCC released the 12.7 GHz Notice of Inquiry to solicit input on how the FCC could encourage more efficient use of the 12.7 GHz band and whether it should authorize mobile broadband in the band.  In May 2023, the FCC moved forward with expanding the use of the 12.7 GHz band and issued a Notice of Proposed Rulemaking proposing to repurpose some of the 12.7 GHz band for mobile terrestrial broadband, or other uses.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband

At an Open Meeting last week, the Federal Communications Commission (FCC)  unanimously adopted a Further Notice of Proposed Rulemaking (FNPRM) that proposes to permit more intensive and efficient use of the 12.7 GHz and 42 GHz bands by satellite communications, either as an alternative or complement to terrestrial wireless.  Chairman Carr emphasized that, if adopted, the Proposed Rule would make 20,000 megahertz of spectrum available for satellite-based services, which Chairman Carr characterized as a necessary step for U.S. leadership in spectrum and a clear sign to China.  Carr stated that the additional spectrum, in conjunction with other actions the FCC is taking across multiple spectrum bands, would protect American technological leadership.

The FNPRM builds upon the FCC’s recent requests for comments on providing increased access to spectrum for terrestrial wireless services.  This FNPRM expands upon that record to contemplate authorizing satellite communications in the 12.7 GHz and 42 GHz bands and seeks comment on the feasibility of allowing satellite communications in those bands in both the Earth-to-space and space-to-Earth directions.

The 12.7 GHz band

The 12.7 GHz band is currently allocated for satellite and terrestrial wireless uses, with limited Federal operations in the band.  The 12.75-13.25 GHz portion of the band is also allocated for NASA to operate its Deep Space Network.  The FCC’s U.S. Table of Frequency Allocations, which outlines how radio spectrum is allocated for use by various entities including Federal government and private sector entities, precludes fixed-satellite service (FSS) systems in geostationary orbit from using the 12.75-13.25 GHz band for domestic services.  The FNPRM asks whether it is still necessary to prohibit FSS deployment in the 12.7 GHz band, or if there are other ways to protect incumbent operations without prohibiting domestic satellite operations. 

This FNPRM follows the FCC’s recent efforts to more effectively utilize the 12.7 GHz band.  In October 2022, the FCC released the 12.7 GHz Notice of Inquiry to solicit input on how the FCC could encourage more efficient use of the 12.7 GHz band and whether it should authorize mobile broadband in the band.  In May 2023, the FCC moved forward with expanding the use of the 12.7 GHz band and issued a Notice of Proposed Rulemaking proposing to repurpose some of the 12.7 GHz band for mobile terrestrial broadband, or other uses.

The FNPRM adopted last week seeks comment on ways to minimize or eliminate existing regulatory burdens that prevent use of the 12.7 GHz band by geostationary orbit (GSO) and non-geostationary orbit (NGSO) satellite systems.  GSO operations in the 12.7 GHz band are currently only authorized for communications between domestic and international points.Continue Reading FCC Seeks Comment on Opening Up Spectrum for Satellite Broadband

On December 27, 2024,  the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”).   As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC.  NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS.  NTIA invited comments to be filed by February 10, 2025. 

In its RFC, NTIA asked parties to discuss the DOT technical analysis as well as options for mitigating any potential impacts on GPS systems while “facilitating the potential benefits” of a growing D2D ecosystem.  The FCC has exclusive authority over requirements on L-band operators and their devices, but NTIA could use information gleaned from the comment process to make recommendations to the FCC on whether new spectrum rules are needed.  As such, satellite industry stakeholders, device manufacturers, and wireless network providers may want to share their views and educate NTIA about how this band is (and will be) used as well as its potential for coexistence with GPS devices. 

The DOT technical analysis included in the RFC builds on a study conducted by DOT in 2018 to analyze Ligado Network’s proposed terrestrial system.  In 2020, after receiving comments on the 2018 study, the FCC unanimously concluded that sufficient conditions – such as limited power levels and guard bands – were in place to protect against interference between GPS signals in the 1559-1610 MHz band and a terrestrial wireless network.  The technical analysis recently prepared by DOT and included in the NTIA RFC borrows heavily from the 2018 study and largely extrapolates from that study to conclude that D2D operations using the 1610-1660.5 MHz band may cause changes to the carrier-to-noise ratio (e.g., a 1 dB C/No) that could impair GPS receivers operating in the adjacent 1559-1610 MHz band.  (It bears mention that DOT for many years has urged the FCC to protect GPS devices from a 1 dB change in the carrier-to-noise ratio, but the FCC has not agreed with that recommendation and instead has applied its rules on harmful interference.  See generally In the Matter of Lightsquared Technical Working Group Report et al., 35 FCC Rcd. 3772 ¶¶ 37-59 (2020).The RFC seeks comment on this DOT analysis and encourages stakeholders to file any alternative technical analyses relevant to D2D operations in the L-band and the potential effects on the GPS L1 signal.Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal

Updated October 1, 2024.  Originally posted September 19, 2024.

Last month, far-reaching proposals to regulate sports betting were introduced in the U.S. Senate and the House of Representatives by Senator Richard Blumenthal and Representative Paul Tonko which mark “the first comprehensive legislation that would address the public health implications inherent in the widespread legalization of sports betting.”  The bills, called the Supporting Affordability and Fairness with Every Bet (SAFE Bet) Act, would establish a broad federal scheme imposed on State gambling authorities to limit sports betting advertising, address problem gambling, and focus on other “public safety” measures. 

The SAFE Bet Act would establish a general nationwide prohibition on sports betting with an exception for States that receive approval from the Department of Justice (DOJ) to operate a sports betting program consistent with the requirements of the proposed legislation.  DOJ approval of a State’s application would be valid for three years and would be renewable.  To receive approval, a State would have to show that it meets minimum federal standards related to sports betting advertising, controls on customer deposits, general consumer-protection requirements, and the use of artificial intelligence (AI) by sports betting operators.  The following is a high-level summary of the key standards.

Advertising Limits.  The bills’ advertising standards include prohibitions on broadcast advertising between 8 AM and 10 PM (local time) and during live sports events.  Also, advertisements could not utilize common promotional mechanisms such as “bonus,” “no sweat,” or similar offers.  Advertisements also could not instruct the audience how to gamble or explain how wagers work.Continue Reading Bills to Regulate Sports Betting Introduced in Senate and House

Over the past few days, far-reaching proposals to regulate sports betting were introduced in the U.S. Senate and the House of Representatives by Senator Richard Blumenthal and Representative Paul Tonko which mark “the first comprehensive legislation that would address the public health implications inherent in the widespread legalization of sports…

Continue Reading Bills to Regulate Sports Betting Introduced in Senate and House

On Thursday, July 25, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) proposing new requirements for radio and television broadcasters and certain other licensees that air political ads containing content created using artificial intelligence (AI).  The NPRM was approved on a 3-2 party-line vote and comes in the wake of an announcement made by FCC Chairwoman Jessica Rosenworcel earlier this summer about the need for such requirements, which we discussed here. 

At the core of the NPRM are two proposed requirements.  First, parties subject to the rules would have to announce on-air that a political ad (whether a candidate-sponsored ad or an “issue ad” purchased by a political action committee) was created using AI.  Second, those parties would have to include a note in their online political files for political ads containing AI-generated content disclosing the use of such content.  Additional key features of the NPRM are described below.Continue Reading FCC Proposes Labeling and Disclosure Rules for AI-Generated Content in Political Ads

On July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down the Federal Universal Service Fund (USF) in Consumers’ Research et al. v. FCC.  In a 9-7 en banc decision, the majority reversed an earlier decision by a three-judge panel and held that the program…

Continue Reading Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split

Updated May 28, 2024.  Originally posted May 10, 2024.

The U.S. Federal Communications Commission (FCC) is set to reopen the public comment period on potential further amendments to its orbital debris mitigation rules, providing space industry stakeholders with a new opportunity to provide input on regulations with far-reaching implications.  Further illustrating the FCC’s commitment to leadership in regulating commercial space operations, stakeholders have until Thursday, June 27 to provide input on the agency’s regulation of orbital debris.  Today’s Federal Register sets this comment deadline, as well as a cutoff of Friday, July 12 for any reply comments.

The relevant action is a Public Notice issued by the FCC’s Space Bureau, which the agency created last year as part of an effort to increase its role in regulating the fast-growing space economy.  The Public Notice seeks to refresh the FCC’s record concerning proposed amendments to its orbital debris mitigation rules, which generally require that U.S. satellite operators (and non-U.S.-licensed satellite operators seeking U.S. market access) submit to the FCC satellite design and operational strategies intended to minimize the risk of orbital debris.

The FCC last sought comment on these issues in April 2020, when it expanded and refined its existing orbital debris mitigation framework.  In a corresponding move, the FCC also sought input, through a Further Notice of Proposed Rulemaking (FNPRM), on additional rule amendments and proposals related to, among other issues:

  1. How satellite operators may demonstrate that they have adequately assessed and limited the probability of accidental explosions;
  2. How the FCC should evaluate the collision risk presented by large, multi-satellite constellations;
  3. Whether the FCC should adopt a requirement that all non-geostationary orbit (NGSO) satellites planned for operation above a certain altitude maintain propulsion capabilities designated for station-keeping and collision-avoidance maneuvers;
  4. How the FCC should consider human casualty risk, particularly with regard to large, multi-satellite constellations; and
  5. Whether, as a condition of an FCC satellite license, the FCC should require satellite operators to commit to indemnifying the U.S. government for any liability from claims for damage resulting from satellite operations.

Continue Reading FCC’s Space Bureau Seeks Further Input on Regulation of Orbital Debris; Comments Due June 27

Updated April 30, 2024.  Originally posted March 18, 2024.

In March, the U.S. Federal Communications Commission (FCC) adopted a licensing framework that authorizes satellite operators to partner with terrestrial wireless providers to develop hybrid satellite-terrestrial networks intended to provide ubiquitous network connectivity, including in “dead zones” and other hard-to-reach areas.  Today’s Federal Register publication confirms that this new “Supplemental Coverage from Space” (SCS) regime will become effective Thursday, May 30, 2024, which will enable satellite operators to serve as a gap-filler in the networks of their wireless provider partners by using their satellite capability combined with spectrum previously allocated exclusively to terrestrial service.

Although the FCC’s new rules limit SCS deployments to a handful of spectrum bands, the licensing regime nevertheless marks a significant opportunity for joint operations by satellite operators and wireless service providers.  The FCC’s decision also demonstrates the agency’s commitment to leadership in regulating space-based technologies – a motivation the agency cited as justification for adopting an SCS regulatory framework described as “the first of its kind in the world.”

The SCS item, which the FCC adopted on March 14, 2024 consists of two parts: a Report and Order adopting a licensing framework for SCS deployments in specified frequency bands (the “Order”), and (2) a Further Notice of Proposed Rulemaking (“FNPRM”) that seeks public comment on additional issues associated with the newly authorized SCS operations. Comments on the issues raised in the FNPRM are due Thursday, May 30, 2024, with reply comments due Monday, July 1, 2024.

New SCS Licensing Framework

The new SCS rules generally are consistent with the April 2023 NPRM, which proposed to allow SCS deployments in certain frequency bands and enable a satellite operator to apply for a modification of its existing FCC license to provide satellite services in these reallocated spectrum bands, provided certain conditions are met.  However, in response to public comment, the new SCS rules reflect some key changes from what the FCC originally proposed.

Terrestrial-Only Spectrum Bands Eligible for SCS Use

The FCC’s new SCS rules authorize communications from satellites networks to mobile devices (i.e., Mobile Satellite Services or MSS) in the following spectrum bands:Continue Reading FCC’s “Supplemental Coverage from Space” Rules Take Effect May 30; New Licensing Framework Expands Satellite-to-Smartphone Coverage