[Federal Register Volume 90, Number 243 (Monday, December 22, 2025)]
[Proposed Rules]
[Pages 59783-59784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23638]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket Nos. 17-95 and 18-315; DA 25-1045; FR ID 322435]


Space Bureau Seeks To Refresh the Record on Proposed Rules To 
Permit the Use of Additional Frequency Bands for NGSO Satellites To 
Communicate With Earth Stations in Motion

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Space Bureau seeks to refresh the record 
on proposed rules to permit the use of additional frequency bands for 
non-geostationary orbit (``NGSO'') Fixed Satellite Service (``FSS'') 
satellites to communicate with Earth Stations in Motion (``ESIMs'').

DATES: Comments are due January 21, 2026.
    Reply Comments are due February 5, 2026.

ADDRESSES: You may submit comments, identified by IB Docket Nos. 17-95 
and 18-315, by any of by any of the following methods:
    Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments. the following 
methods:
    People with Disabilities. Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 (voice) or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Gregory Coutros, (202) 418-2351, 
[email protected] or Carolyn Roddy, (202) 418-0960, 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 25-1045, released December 10, 2025 by the Commission's 
Space Bureau. The document is available for public inspection online at 
https://docs.fcc.gov/public/attachments/DA-25-1045A1.pdf.

Filing Requirements

    Interested parties may file comments and reply comments on or 
before the dates indicated in the DATES section above.
    [ballot] Electronic Filers. Comments may be filed electronically 
using the internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): http://apps.fcc.gov/ecfs.
    [ballot] Paper Filers. Parties who file by paper must include an 
original and one copy of each filing.
    [cir] Filings can be sent by hand or messenger delivery, by 
commercial courier, or by the U.S. Postal Service. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    [cir] Hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. by 
the FCC's mailing contractor at 9050 Junction Drive, Annapolis 
Junction, MD 20701. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [cir] Commercial courier deliveries (any deliveries not by the U.S. 
Postal Service) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701.
    [cir] Filings sent by U.S. Postal Service First-Class Mail, 
Priority Mail, and Priority Mail Express, must be sent to 45 L Street 
NE, Washington, DC 20554.
     People with Disabilities. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530.

Ex Parte Presentations

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Regulatory Flexibility Analysis

    The NGSO ESIM FNPRM included an Initial Regulatory Flexibility 
Analysis (``IRFA'') pursuant to 5 U.S.C. 603, exploring the potential 
impact on small entities of the Commission's proposals. We invite 
parties to file comments on the IRFA in light of this request to 
refresh the record.

Providing Accountability Through Transparency Act

    Consistent with the Providing Accountability Through Transparency 
Act, Public Law 118-9, a summary of this document will be available on 
https://www.fcc.gov/proposed-rulemakings.

Synopsis

    In the document, the Space Bureau seeks to refresh the record on 
proposed rules to permit the use of additional frequency bands for non-
geostationary orbit (``NGSO'') Fixed Satellite Service (``FSS'') 
satellites to communicate with Earth Stations in Motion (``ESIMs''). 
The Commission sought comment in 2020 on proposals that would allow 
NGSO FSS systems to communicate with ESIMs in the 28.35-28.6 GHz band. 
The comment period closed over five years

[[Page 59784]]

ago. To ensure that the Commission has the benefit of current 
information, including any developments relating to these issues since 
the release of the underlying NGSO ESIM FNPRM, we invite interested 
parties to update the record as discussed below.
    Background. In 2018, the Commission adopted rules governing 
communications for ESIMs with geostationary orbit (``GSO'') satellites. 
At that time, the Commission also sought comment on allowing ESIMs to 
operate in all the frequency bands in which earth stations at fixed 
locations operating in GSO fixed satellite service (``FSS'') satellite 
networks can be blanket-licensed. Later that same year, the Commission 
adopted a Notice of Proposed Rulemaking (NPRM) that sought comment on 
expanding the Commission's ESIM rules to cover communications with NGSO 
FSS satellites.
    In 2020, the Commission adopted rules that allowed for NGSO FSS 
operations of ESIMs in certain bands and opened up additional frequency 
bands for GSO FSS ESIM use. At that time, the Commission permitted NGSO 
FSS ESIMs in the 28.4-28.6 GHz subject to compliance with future 
determinations but deferred consideration on permitting NGSO FSS ESIMs 
in the 28.35-28.4 GHz band, and sought comment to further address 
issues raised by commenters in the record and to allow for additional 
study of out-of-band emissions issues.
    Since the Commission last sought comment on permitting NGSO FSS 
ESIMs in the entirety of the 28.35-28.6 GHz band, multiple parties have 
met with the Commission staff on this matter. For instance, Verizon met 
with Commission staff in 2023 to discuss its concerns related to out-
of-band emissions limits and the potential interference to terrestrial 
services in the 27.5-28.35 GHz adjacent band and a proposal to 
harmonize part 25 out-of-band emissions limits for NGSO ESIMs with out-
of-band emission limits for terrestrial wireless operations, given the 
terrestrial operations in the 27.5-28.35 GHz band.
    Because the NGSO ESIM FNPRM comment period closed more than five 
years ago, and in recognition of the subsequent changes to the 
terrestrial and ESIM environments during that period, we seek to 
refresh the record to ensure the record in this proceeding is current 
and complete.
    Request for Additional Comment. Accordingly, the Space Bureau 
invites all stakeholders to update the record after reviewing the 
specific proposals, underlying analysis, and questions contained in the 
NGSO ESIM FNPRM, as well as the existing record in this proceeding. The 
NGSO ESIM FNPRM presented a number of questions related to the current 
out of band emissions limits in Sec.  25.202(f) and whether they would 
be sufficient to protect Upper Microwave Flexible Use Service (UMFUS) 
operations in the 27.5-28.35 GHz band. In addition, the NGSO ESIM FNPRM 
sought comment on what level of interference generated by out-of-band 
emissions from ESIM operations with NGSO space stations above 28.35 GHz 
would be acceptable for UMFUS receivers operating below 28.35 GHz 
without unduly constraining ESIM operations above 28.35 GHz. The NGSO 
ESIM FNPRM also sought comment on other issues related to harmful 
interference and whether UMFUS operators are developing any equipment 
with characteristics that make them less susceptible to adjacent band 
users. In addition to these questions, the NGSO ESIM FNPRM sought 
comment on issues related to guard bands, minimum elevation angle, 
aggregation interference, and how to specify out-of-band emissions 
limits.
    We encourage interested parties to submit new or additional 
relevant information since the close of the previous comment period 
related to these and other questions laid out in the NGSO ESIM FNPRM. 
In addition, commenters are encouraged to submit new or additional 
relevant information about the present state of the UMFUS and ESIM 
environments, including the current or anticipated uses of these 
services. In addition, commenters are encouraged to provide any 
information gained since the close of the previous comment period 
related to the intensity of use of ESIMs in the 28.35-28.6 GHz band by 
both GSO and NGSO operators, as permitted. We also encourage commenters 
to provide any additional or new studies since the close of the 
previous comment period demonstrating protection criteria for ESIMs in 
the 28.35-28.6 GHz band that would protect adjacent band operations in 
the 27.5-28.35 GHz band.

Federal Communications Commission.
Kerry Murray,
Deputy Chief and Chief of Staff, Space Bureau.
[FR Doc. 2025-23638 Filed 12-19-25; 8:45 am]
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