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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.

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:

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