On October 8, 2026, the FCC released a draft Further Notice of Proposed Rulemaking (FNPRM) proposing to reallocate and auction the 1675–1695 MHz and 2020–2025 MHz bands for flexible commercial use. The draft, which has been circulated for consideration at the FCC’s October 29, 2026 Open Meeting and remains subject to change, proposes rules that could lead to an auction of 25 megahertz of mid-band spectrum for flexible-use terrestrial networks, direct-to-device (D2D) operations, or both.

The draft FNPRM notes that NTIA is still studying whether the 1680–1695 MHz band, which currently includes federal use allocations, can be repurposed.

Some key provisions of the proposed rules set out in the draft FNPRM are summarized below.

  • Reallocation. The FNPRM would reallocate the 1675–1695 MHz band for commercial fixed and mobile terrestrial use on a co-primary basis with federal weather satellite operations, and would add a secondary mobile-satellite allocation for supplemental coverage from space in both bands to enable D2D usage. It seeks comment on any coordination and interference protection measures that might be required to protect incumbent operations.
  • Band Plan. The proposed band plan consists of two unpaired 10-megahertz blocks (1675–1685 MHz and 1685–1695 MHz) and one unpaired 5-megahertz block (2020–2025 MHz). The Commission also seeks comment on alternative approaches of (a) dividing the spectrum into five unpaired 5-megahertz blocks or (b) pairing 1685–1695 MHz with 2020–2025 MHz. The spectrum could be used for uplink, downlink, or time-division duplexing (TDD).
  • Part 27 Licensing Framework.Under the proposed rules, licenses would carry a 15-year term and open eligibility, with no pre-auction cap on how much spectrum any bidder may acquire. The Commission proposes geographic-area licensing but does not designate an area size, seeking comment on nationwide, regional, and PEA licensing.
  • Buildout Obligations. Under the proposed rules, terrestrial licensees would have to serve 45% of the population in each license area at an interim benchmark and 80% at a final benchmark, measured from license grant. Missing the final benchmark would automatically terminate the license, with the spectrum returned to auction and the former licensee barred from reacquiring it. D2D operators would not be subject to these terrestrial benchmarks, though the Commission asks whether the requirements proposed in its companion D2D proceeding should apply.
  • Technical Rules and Federal Coordination. Under the proposed rules, licensees could use either band for uplink, downlink, or TDD without restriction, subject to specified out-of-band emissions limits. Commercial deployment near four NOAA data collection sites would require coordination with NTIA, while remaining sites would transition to a non-spectrum-based alternative distribution system.
  • Auction Design. The FNPRM proposes that any auction would be carried out under the Part 1 rules with small-business and rural bidding credits. Noting that some bidders may seek nationwide or regional licenses to provide broad-ranging D2D service while others may want smaller areas such as PEAs, the Commission seeks comment on bundling licenses into larger products or accepting all-or-nothing nationwide package bids.
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 Corey Walker Corey Walker

Corey Walker advises clients on a broad range of regulatory, compliance, and enforcement matters in the media, technology, satellite and space, and telecommunications sectors. Corey also provides strategic counsel to leading media, sports, and technology companies on gaming matters, with a focus on…

Corey Walker advises clients on a broad range of regulatory, compliance, and enforcement matters in the media, technology, satellite and space, and telecommunications sectors. Corey also provides strategic counsel to leading media, sports, and technology companies on gaming matters, with a focus on sports betting, fantasy sports, and online gaming.

Corey represents clients before the Federal Communications Commission in connection with a range of policy and compliance issues, including satellite and earth station operations, radiofrequency (RF) spectrum use and availability, and experimental licensing for new and innovative technologies. He also advises clients on structuring transactions and securing regulatory approvals at the federal, state, and local levels for mergers, asset acquisitions, and similar transactions involving FCC and state telecommunications licensees and companies holding private remote sensing space system licenses issued by the National Oceanic and Atmospheric Administration.

Corey also maintains an active gaming and sports betting practice, and routinely counsels companies on state licensing and compliance matters, including those that pertain to fantasy sports and online gaming.

Photo of John Bowers John Bowers

John Bowers is an associate in the firm’s Washington, DC office. He is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

John advises clients on a wide range of privacy and communications issues…

John Bowers is an associate in the firm’s Washington, DC office. He is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

John advises clients on a wide range of privacy and communications issues, including compliance with telecommunications regulations and U.S. state and federal privacy laws.

Photo of Rosie Moss Rosie Moss

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology…

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology regulatory issues, including emerging artificial intelligence compliance matters. She assists clients in complying with federal and state privacy laws and Federal Communications Commission (FCC) regulations. Rosie also maintains an active pro bono practice.