New regulatory rules have been developed for D2D
Federal Communications Commission (FCC)
a. D2D in MSS bands
D2D services using MSS spectrum are regulated under the FCC’s existing rules for satellite systems (Part 25 of Title 47 of the Code of Federal Regulations), which governs licensing and operations of satellite systems. This framework includes requirements related to spectrum use, interference mitigation, and coordination, and these are likely to apply to MSS operators seeking to provide D2D services.
Separately, any device used to access MSS services must comply with the FCC’s equipment authorisation rules (under Part 2, of Title 47 of the Code of Federal Regulations), which ensure that radio frequency devices meet technical and safety standards before they can be marketed, imported, or operated in the United States.
b. D2D in mobile bands
The FCC was the first regulatory body to adopt a comprehensive regulatory framework for integrating satellite based connectivity with terrestrial mobile networks.
In March 2024, the FCC issued its “Supplemental Coverage from Space” (SCS) order to expand coverage for communication and emergency services. This allows satellite operators to reuse terrestrial mobile spectrum (e.g. 600 MHz, 700 MHz, PCS, AWS) via leasing agreements with MNOs. The framework includes, amongst others, provisions for interference mitigation, international coordination, and emergency services. The new MSS allocations remain subject to the United States international obligations under treaties, the International Radio Regulations and other instruments of the International Telecommunication Union (ITU).
The FCC is continuing to refine the SCS framework, including administrative procedures and coordination mechanisms.
Further updates may expand the framework to additional spectrum bands, broaden the scope of eligible services, and / or and clarify technical standards .
In particular, the FCC has stated it will continue to consider waiver-based proposals for D2D services that do not fit neatly within the SCS framework, allowing flexibility for innovation.
The FCC is also reviewing broader satellite licensing processes to streamline approvals and support emerging innovative space technology.
The National Telecommunications and Information Administration has also issued a request for comment on the potential impacts of D2D, particularly the interference risks to federal systems like GPS from devices operating in the L-band. Therefore, updates to regulation for this specific band to safeguard GPS might also be upcoming.
For US-specific legal advice on D2D regulatory matters, Bird & Bird can connect you with our trusted partner firms in the United States.
