Communications and Technology Alert: October Open Meeting Agenda; SpaceX Direct-to-Device Authorization; Equipment-Testing Reciprocity Rules; Upper C-Band Transition Plans [Vol. XXIII, Issue 41]
Commission Announces Tentative October Open Meeting Agenda
On October 8, the Commission announced its tentative agenda for the October 29 Open Meeting. The Commission will consider a Further Notice of Proposed Rulemaking that proposes to auction 25 MHz of spectrum in the 1675–1695 MHz and 2020–2025 MHz bands for commercial terrestrial or satellite direct-to-device (D2D) applications. Next, the Commission will consider a Notice of Proposed Rulemaking to make an additional 482 MHz of spectrum available for Supplemental Coverage from Space (SCS) and update the SCS rules. The Commission will also consider a Report and Order that would open the lower 800 MHz Cellular band to drone operations. Other tentative items address equipment-testing reciprocity, international Section 214 authorizations, implementation of the Rural Broadband Protection Act, and updated accessibility requirements for communications services. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Authorizes SpaceX’s Expanded Direct-to-Device Satellite System
On October 6, the Space and Wireless Telecommunications Bureaus released an Authorization and Order conditionally authorizing SpaceX to deploy 15,000 non-geostationary satellites for direct-to-device and related services. The Order permits supplemental coverage from space and mobile-satellite operations and waives terrestrial-provider leasing requirements for the authorized AWS-3 and AWS-H bands. SpaceX operations on spectrum purchased from EchoStar (2 GHz, AWS-H, and AWS-3) remain conditioned on consummation of Step Two of the transaction, with limited exceptions for launch, early-orbit communications, and payload testing. SpaceX must launch, place in assigned orbits, and operate half the authorized satellites by October 7, 2032, and complete the constellation by October 7, 2035. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
Commission Releases Draft Equipment-Testing Reciprocity Rules
On October 8, the Commission released a draft Third Report and Order and Third Further Notice of Proposed Rulemaking addressing equipment-authorization testing and certification, tentatively scheduled for consideration on October 29. The draft would limit recognized test laboratories, Telecommunications Certification Bodies, and laboratory accreditation bodies to the United States or countries and territories with qualifying reciprocal arrangements. This notably excludes Chinese labs. A uniform transition period would end on December 1, 2028. The draft item would also seek comment on testing capacity, post-market surveillance, and testing for devices authorized through Supplier’s Declaration of Conformity in the US and countries with reciprocal arrangements. For more information, please contact Greg Kunkle (kunkle@khlaw.com; 202.434.4178) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Establishes Upper C-Band Transition Plan Comment Process
On October 8, the Wireless Telecommunications Bureau (WTB) released a Public Notice establishing a docket and comment process for eligible space station operators’ Upper C-band transition plans. On July 24, 2026, the Commission released the Upper C-band R&O, which adopted rules to make 160 megahertz of mid-band spectrum available for flexible use by transitioning incumbent Fixed Satellite Service (FSS) operations out of 4.0–4.16 GHz. The plans must identify relocation steps and estimated costs to clear incumbent FSS operations from the 4.0–4.16 GHz band. Initial plans are due November 5, 2026, and comments are due November 30, 2026. All initial plans and responsive comments must be filed only in GN Docket No. 26-289. For more information, please contact Tim Doughty (doughty@khlaw.com; 202.434.4271) or Wes Wright (wright@khlaw.com; 202.434.4239).
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