EU

Status     

Regulatory developments are in progress

Name of national regulator

There are several relevant regulatory bodies:

  • European Conference of Postal and Telecommunications Administrations (CEPT);
  • Body of European Regulators for Electronic Communications (BEREC); and
  • the Radio Spectrum Policy Group (RSPG).

What frameworks are currently in place to regulate

a.D2D in MSS bands

In June 2025, the RSPG published its “Opinion on the EU-level policy approach to satellite Direct-to-Device connectivity and related Single Market issues”. It outlined its view that D2D services in MSS bands can be provided under a well-functioning framework supported by CEPT voluntary harmonisation, which has been largely implemented across Member States.

The rules for accessing national markets differ between Member States. In many Member States, a registration or general authorisation scheme is applied, whilst in other Member States it is necessary to obtain individual authorisations. The requirements may also differ between frequency bands within Member States.

Terminals (i.e. mobile phone handsets) for D2D in MSS bands are mostly licence exempt and, in some cases, licensed. Earth stations are generally licensed. Various types of terminals and chipsets are available and the EU Radio Equipment Directive (2014/53/EU) applies.

No major regulatory hindrances have been identified by the RSPG for D2D services in MSS bands, though certain technical and operational issues require ongoing attention, including interference management, service provision (for emergency communications, roaming and interoperability), competition concerns due to proprietary technical solutions, a licensing scheme to be established in the long term and security considerations such as lawful intercept and national security.

For the 2 GHz frequency MSS band, two operators were specifically selected to provide MSS in the EU until mid-2027. In its opinion of February 2024 in relation to that band, the RSPG mentioned possible future usage of the band for D2D services. The RSPG recommended that a decision be in place on the future usage of the band by the end of Q2 2025. No official decision has been published yet as at the date of this update.

b.D2D in mobile bands

The RSPG also analysed D2D in mobile bands in its opinion of June 2025. It noted that there is currently no established regulatory framework to facilitate D2D services in mobile bands across the EU. No applications for providing commercial services have been requested in EU Member States yet. Early tests and trials are being requested and handled under test and trial schemes on a national basis. Furthermore, the RSPG noted that the harmonised mobile bands are heavily used for the provision of terrestrial communication services.

Given current EU and CEPT harmonisation, national licensing in most Member States only covers mobile terrestrial use. The technical harmonisation decisions in relevant electronic communications services (ECS) bands all support development and innovation of mobile terrestrial use, as do the underlying CEPT deliverables. Therefore, the introduction of D2D in mobile bands is currently generally not possible under existing ECS licences in EU Member States.

According to the RSPG, the perceived European benefits of D2D in mobile bands relate primarily to complementary coverage in rural, remote and sea areas, or where mobile ECS networks are temporarily unavailable due to external damage or network failures. However, significant challenges exist including complexity, cross-border issues, roaming, interference and competition concerns.

D2D in mobile bands could be introduced at national level in three ways:

  1. as part of the terrestrial ECS licence;
  2. as a separate licence requiring cooperation with the ECS licence holder; or
  3. as a licence for geographical areas not used by terrestrial ECS licence holders.

Options 2 and 3 are more complex to implement.

Key issues include:

  • spectrum challenges – e.g. technical studies on sharing and compatibility with mobile ECS networks, cross-border interference, protection of other services, and timing of EU harmonisation with World Radiocommunication Conference 2027 (WRC-27);
  • service provision issues – e.g. unintentional roaming risks, emergency calling, and competition between terrestrial and satellite providers;
  • authorisation challenges – e.g. amending existing ECS authorisations under the European Electronic Communications Code, particularly coverage obligations; and
  • security concerns – e.g. lawful intercept, sovereignty, national security and privacy.

Given that terminals in harmonised bands are licence exempt under the EU Radio Equipment Directive (2014/53/EU), the RSPG did not identify terminal-related issues.

The WRC-27 will address protection of ECS networks and other services from D2D satellite operations under agenda item 1.13 and intends to provide a new Radio Regulations framework for satellite operations in the concerned bands.

What regulatory or related developments are currently underway?

On 17 June 2025, the RSPG published its Interim Opinion on WRC-27. WRC-27 Agenda Item 1.13 addresses protection of existing services, including ECS networks and other terrestrial services, from D2D operations and intends to provide a new Radio Regulations framework for the relevant bands. The RSPG has so far only published the interim opinion. The final recommendations, which should provide more clarity on the proposed approach to be taken by the EU, are expected to be developed as work progresses towards the WRC-27 conference.

A decision is forthcoming regarding future use of the 2 GHz band for D2D services. The RSPG requested such a decision to be taken by Q2 2025. The European Commission launched a targeted consultation which ran from May to June 2025. A summary report was published on 10 November 2025 stating that the European Commission, with the support of relevant Member States, will assess the contributions received in response to the consultation, and take a decision about the future use of the band in the coming months.

The CEPT’s Satellite Communications working group is currently working on a report “Exploring the regulatory and technical elements with respect to national authorisation of satellite based Direct-to-Cell (D2C) communications via existing available smartphones”. The target date for publication of the report is currently 27 February 2026.