On July 16, 2026, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposals to permit direct-to-device (“D2D”) operations from satellites to unlicensed equipment.  Currently, D2D devices that communicate with satellites would need to be licensed in one form or another.  The NPRM sets out the following bands as eligible for unlicensed devices to communicate with satellites: 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz.  These bands were identified since they currently permit unlicensed equipment to operate at relatively higher power levels (which would be necessary for some satellite operations).  Per the NPRM, this rule change would give additional connectivity options to consumer equipment makers (from smartphones and laptops to new devices) as well as for Internet of Things (“IoT”) sensors and other technologies where there is no terrestrial coverage.

The FCC is set to vote on the NPRM during its meeting on August 6, 2026, and then after publication in the Federal Register the comment cycle will run (30 days for comments, 60 days for reply comments).  Below is a summary of the NPRM’s key proposals.

  • Part 15 devices can communicate with satellites. The NPRM seeks comment on permitting D2D services for unlicensed devices operating consistent with the Commission’s existing Part 15 technical rules, which govern equipment like smartphones, laptops, IoT sensors, and other consumer devices.  Under Part 15, devices such as baby monitors and garage door openers cannot (a) cause harmful interference to other devices and (b) must accept interference from other services.  The NPRM asks whether Part 15 devices intended to communicate with satellites should also require a Part 25 certification.  This approach is compatible with the “license by rule” mechanism (discussed below), which the Commission uses periodically to retain some control over devices but also streamline the licensing process.
  • Specific bands for Part 15 devices and satellite communications. The NPRM proposes permitting Earth-to-space D2D operations for Part 15 devices in the following bands: 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz.  The proposed framework would permit transmissions at existing Part 15 power levels.  The NPRM also seeks comment on whether to permit space-to-Earth operations in the 5725-5850 MHz band (and potentially other bands), and on the technical rules needed to facilitate sharing and avoid harmful interference.
    • The NPRM generally contemplates that any satellite operations within these bands would occur on an unprotected, non-interference basis, consistent with the existing treatment of Part 15 operations, and seeks comment on the technical measures necessary to protect incumbent services and existing unlicensed users.
  • Licensing approach to these Part 15 devices.  The NPRM seeks input on the appropriate licensing frameworks.  The NPRM asks whether satellite licensing should follow the Supplemental Coverage from Space authorization framework, a “license-by-rule” framework, or other alternatives.  The NPRM also seeks comment on the appropriate approach for licensing user devices.
  • Miscellaneous other rule changes.  The NPRM seeks input on how the proposed changes could be implemented consistent with the U.S.’s international treaty obligations.  It also seeks input on rule changes to clarify that Part 15 devices may be used within spacecraft and seeks comment on whether such devices may be used for spacecraft-to-spacecraft communications or extravehicular purposes. Finally, it proposes various technical and service rule amendments to permit D2D operations in the relevant bands.

We will update this blog once the NPRM is adopted to incorporate any significant changes.

Photo of Gerard J. Waldron 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…

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.

Photo of Conor Kane Conor Kane

Conor Kane advises clients on a broad range of privacy, artificial intelligence, telecommunications, and emerging technology matters. He assists clients with complying with state privacy laws, developing AI governance structures, and engaging with the Federal Communications Commission.

Before joining Covington, Conor worked in…

Conor Kane advises clients on a broad range of privacy, artificial intelligence, telecommunications, and emerging technology matters. He assists clients with complying with state privacy laws, developing AI governance structures, and engaging with the Federal Communications Commission.

Before joining Covington, Conor worked in digital advertising helping teams develop large consumer data collection and analytics platforms. He uses this experience to advise clients on matters related to digital advertising and advertising technology.