Communications and Technology Alert: Mid-Band Spectrum Auction FNPRM; Test Lab Reciprocity Order; Amazon–Globalstar Approval; International Section 214 Security Rules [Vol. XXIII, Issue 44]
Commission Proposes Auction of 25 Megahertz of Mid-Band Spectrum
During its Open Meeting on October 29, the Commission adopted a Further Notice of Proposed Rulemaking aiming to auction 25 megahertz of spectrum in the 1675–1695 MHz and 2020–2025 MHz bands for flexible-use terrestrial services, such as 5G, and direct-to-device (D2D) operations. The FNPRM proposes reallocating the 1675–1695 MHz band on a co-primary basis for fixed and mobile services for new non-federal use, with a secondary mobile satellite service (MSS) allocation for domestic supplemental coverage from space (SCS), subject to the outcome of NTIA’s study of the band. It also proposes adding a secondary MSS allocation for domestic SCS in the 2020–2025 MHz band, and expands on a 2019 proposal to share the 1675–1680 MHz portion between incumbent federal and new non-federal operations. Comment and reply comment deadlines will be set following publication of the FNPRM in the Federal Register. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Adopts Test Lab Onshoring and Reciprocity Rules
Also at this week’s Open Meeting, the Commission adopted a Third Report and Order and Third Further Notice of Proposed Rulemaking limiting the Commission’s recognition of equipment authorization test labs to those located in the United States or in countries that grant U.S. labs reciprocal recognition. Beginning December 1, 2028, all testing, certification, and accreditation activities on which equipment authorization depends must occur in the United States or a Reciprocal Economy. The Commission noted that less than 4% of electronic devices are currently tested in U.S. labs, and that its earlier “Bad Labs” rules have already led 29 test labs to lose FCC recognition. The FCC encourages manufacturers and importers should review where their devices are tested and plan any transition to qualifying labs before the December 1, 2028 deadline. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Bureaus Approve Amazon’s Acquisition of Globalstar
On October 27, the Space Bureau, Office of Engineering and Technology, and Office of International Affairs released an Order approving the transfer of control of Globalstar, Inc. and its Commission authorizations to Amazon.com, Inc. The Bureaus found that the companies do not currently compete to provide the same satellite services and that the transaction would facilitate Amazon’s entry into D2D services by giving it access to Globalstar’s mobile satellite service spectrum in the 1.6/2.4 GHz bands. The Bureaus also denied a petition to dismiss filed by a former Globalstar customer, finding that its contract dispute belongs in arbitration. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Adopts Security Rules for International Section 214 Authorizations
In an additional item at its October 29th Open Meeting, the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking modernizing its international Section 214 framework. The new rules require authorization holders and applicants to follow baseline cybersecurity practices, such as those promulgated by NIST, prohibit the use or addition of certain Covered List equipment and services, and require service to commence within one year of grant. Applicants and authorization holders must also report on facilities crossing the U.S.–Mexico and U.S.–Canada borders, ownership at a 5% threshold, and any use of foreign adversary-controlled third-party service providers. The Order adopts a new one-time information collection for all authorization holders. The accompanying FNPRM proposes additional measures, including a presumption against granting authority to certain untrusted entities, further security certifications, and limits on capacity leases with untrusted entities. For more information, please contact For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
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