Analysis · Non-terrestrial · part 5 of 5

How the rules treat non-terrestrial networks

Three bodies write the rules for a non-terrestrial network, and in 2026 they moved at different speeds. The FCC rewrote, inside twelve weeks, the two rules that had done most to shape low-orbit broadband in the United States. The ITU looked at its power limits, kept them and sent the question off to be studied. 3GPP finished the Release 19 work that lets an operator put a base station in orbit, a larger change than it sounds.

Blue Prysm · Analysis13 Jul 2026 · 22 Jul 2026

Sources: FCC orders FCC 26-26 (1 May 2026) with its Federal Register entry and the DIRECTV petition; FCC 24-117 on sharing between low-orbit systems; FCC 25-69 and FCC 26-47 on Part 100, with the FY2026 fee order; DA 26-553 on the current milestone rule; FCC 22-74 on orbital debris; FCC 25-29, FCC 25-70 and FCC 26-46 on satellite bands. ITU: the WRC-23 Provisional Final Acts (Resolution 35 and the WRC-27 agenda). 3GPP: the work plan of 28 September 2026; work items RP-220208, RP-211601, RP-240779, RP-251954, RP-252504, RP-253813, RP-262261 and RP-262263; TS 38.101-5 (Release 17 to 20 versions of September 2026) and TR 38.914. Retrieved 7 Oct 2026.

The FCC rewrote two rules in twelve weeks

Two rules did most to shape low-orbit broadband in the United States. One was a power limit written at WRC-2000 to protect geostationary satellites. The other was a licensing process that treated each application as its own case. The Commission rewrote both in 2026, and one of the rewrites is in force (Exhibit 1).

Exhibit 1The FCC adopted both rewrites within twelve weeks of 2026, and the ITU’s next decision point is November 2027
2025202620272028Jan 2025 FCC 24-117 in force: throughput test for sharing between low-orbit systemsApr 2026 FCC 26-26 adopted: EPFD limits replacedJul 2026 DIRECTV petition for reconsideration publishedJul 2026 FCC 26-26 takes effect; two provisions delayedJul 2026 FCC 26-47 adopted: Part 100 to replace Part 25Sep 2026Fee order: Part 25 applies until Part 100 is effectiveMar 2027 Release 20 due; RP-262263 targets the first quarterNov 2027 WRC-27 meets, 18 Oct to 12 Nov

Source: FCC 24-117; FCC 26-26 and 91 FR 26928; 91 FR 40964; FCC 26-47; FCC 26-59, 91 FR 58258; 3GPP work plan of 28 September 2026 and RP-262263; ITU WRC-27 dates (Filed). Note: the FCC’s two rules are marked in colour.

The first is the power limit. The equivalent power-flux-density limit, EPFD, caps the signal a non-geostationary constellation may put on the ground in the 10.7 to 12.7, 17.3 to 18.6 and 19.7 to 20.2 GHz bands, so that geostationary links underneath keep working. FCC 26-26, adopted on 30 April 2026, “replace[s] the EPFD framework with modern, performance-based GSO protection criteria”. The rule took effect on 13 July 2026, apart from two provisions delayed indefinitely. DIRECTV’s petition for reconsideration, with replies closed on 31 July, is pending.

The replacement is a measure of harm, and the harm is lost throughput (Exhibit 2). Where operators have no coordination agreement, a geostationary link may lose no more than 3% of its time-weighted average throughput over the long term. Over the short term it may suffer no more than a 0.1% absolute increase in unavailability. Links without adaptive coding, which cannot trade speed for resilience, are protected instead at an interference-to-noise ratio of −10.5 dB for 80% of the time. Low-orbit satellites must also keep at least 3° away from the geostationary arc. None of this is new to the Commission: the same throughput test has governed sharing between low-orbit systems since FCC 24-117 took effect on 13 January 2025, with a looser 0.4% short-term test.

Exhibit 2American satellite sharing now runs on one throughput metric, with a tighter short-term test where a geostationary link is the victim
CriterionGeostationary link as victim (FCC 26-26)Low-orbit system as victim (FCC 24-117)
Long term3% time-weighted average throughput degradation3% time-weighted average throughput degradation
Short term0.1% absolute increase in unavailability0.4% absolute increase in unavailability
Links without adaptive codingInterference-to-noise ratio of −10.5 dB for 80% of the time
GeometryLow-orbit satellites keep at least 3° from the geostationary arc
In force13 Jul 2026; two provisions delayed indefinitely; DIRECTV petition pending13 Jan 2025

FCC 24-117 protects earlier-round systems for ten years after the first grant in a later round, under the Commission’s 2023 order. A blank cell is an item its summary does not address.

Source: FCC 26-26 (1 May 2026) and 91 FR 26928; FCC 24-117 (15 November 2024) and 89 FR 100898; 91 FR 40964 (Filed).

The Commission puts the benefits at “well over $2 billion, with capacity increases of 100% to 700% possible using the same number of in-orbit NGSO satellites”. Those figures come from the parties with the most to gain: SpaceX’s and Amazon’s comments supplied the range, on the argument that a system can use eight satellites at once over a location “instead of being effectively limited to one”.

Part 100 replaces case-by-case review with a default to yes

The second rule is Part 25. FCC 26-47, adopted on 22 July 2026, creates a new Part 100 and says “The Commission will sunset part 25 once part 100 becomes effective.” It has not become effective. The FCC’s own fee order, published on 14 September 2026, keeps the current approach “until the newly adopted Part 100 rules become effective and replace the existing rules”. No Federal Register publication of FCC 26-47 had appeared by 7 October. When it does take effect, Part 100 changes seven things.

  • Review. A “default to yes” regime, with targeted review only for listed issues, among them waivers, market access, foreign ownership and federal coordination. Completeness is decided within 30 days and public notice runs 15 days.
  • Licence term. A default of 20 years for most systems.
  • Processing rounds. Opt-in, with annual windows from 1 January to 31 October, starting in the Ka, Ku, Q and V bands.
  • Bond and milestones. For processing-round systems only: a $10 million surety bond, posted within 30 days of grant and declining to zero at 90% deployment, with half the system due in six years and all of it in nine. Other systems follow the ITU milestones (Exhibit 3).
  • Earth stations. A “Nationwide, Non-Site license” under which individual sites are registered. An operator with a current, approved Form 312 asking for a licence without waivers may operate on a non-interference, unprotected basis once its application is on public notice.
  • Orbital debris. Certification that satellites are designed and operated to de-orbit within five years of the end of the mission, which is the rule FCC 22-74 applied to satellites launched after 29 September 2024.
  • New categories. Licences for several geostationary satellites at one location, for vehicles that change orbit and for systems that span several orbits.

Filed FCC 26-47, adopted 22 Jul 2026, released 23 Jul 2026 · FCC 26-59, 91 FR 58258, 14 Sep 2026 · FCC 22-74

Of the seven, the milestone change is the one an investor can put a price on. Under Part 25, as DA 26-553 restates it, a licensee that misses the half-way milestone forfeits its bond. Its authorisation is also “reduced to the number of satellites that are in orbit and operating on the date of the missed milestone”. The second penalty is the severe one, because it shrinks the licence to whatever happens to be flying. Under Part 100 a processing-round system that misses the milestone keeps its authorisation and loses its place in the queue instead. The ITU’s own milestones run on a longer clock (Exhibit 3).

Exhibit 3Part 100 keeps the six- and nine-year milestones but no longer cuts a constellation down to what it has flown
RegimeHalf-way milestoneFull deploymentConsequence of a missed half-way milestone
Part 25, in forceHalf the constellation six years from grant (Amazon Leo, 30 Jul 2026; Starlink Gen2, 1 Dec 2028)All of it nine years from grant (30 Jul 2029; 1 Dec 2031)Authorisation “reduced to the number of satellites that are in orbit and operating on the date of the missed milestone”; surety bond forfeited
Part 100, processing-round systems; adopted, not effectiveHalf in six years from grant; $10 million bond declining to zero at 90% deploymentAll in nine yearsAuthorisation kept; the system moves into the processing round of the year the milestone was missed
ITU Resolution 35 (Rev.WRC-23), and Part 100 for systems outside the rounds10% deployed two years after the seven-year bringing-into-use period and 50% five years after it: years nine and twelve from receipt of the filing100% seven years after the period: year fourteen

A blank cell is an item the source documents do not describe.

Source: FCC 20-102, FCC 22-91 and DA 26-553 for Part 25; FCC 26-47 for Part 100; WRC-23 Provisional Final Acts, Resolution 35 (Rev.WRC-23), years from receipt calculated (Filed and Calculated).

The ITU kept Article 22

The EPFD limits are international law, written into Article 22 of the Radio Regulations, and the conference that could have reopened them chose not to.

At WRC-23 a CITEL proposal, co-signed by ten states including the United States, would have put a review of the EPFD limits on the WRC-27 agenda. It “was not adopted”. Instead, according to the plenary minutes FCC 26-26 quotes, the conference invited ITU-R to study the limits “and to inform WRC-27 of the results of the studies, without any regulatory consequences”, a diplomatic refusal. The only EPFD question on the WRC-27 agenda is item 1.4, on limits for low-orbit downlinks at 17.3 to 17.7 GHz in Regions 1 and 3. Outside the United States, Article 22 still applies to the same satellites the FCC has released from it at home.

WRC-27 will instead do a great deal of other satellite business. Thirteen of its nineteen agenda items, on our count, concern satellite and space communication systems directly (Exhibit 4). Of the rest, item 1.7 brings IMT into bands with satellite incumbents, while items 1.17 to 1.19 concern space weather sensors and passive Earth-observation satellites. The conference meets from 18 October to 12 November 2027. The FCC has proceedings of its own on several of the same bands and is not waiting. FCC 25-29, adopted in May 2025, aims to make “over 20,000 megahertz of spectrum available for satellite use across four bands”, although no final rules had appeared in the Federal Register by 7 October 2026. The direct-to-device series covers the FCC rules that allow satellite service in terrestrial bands in the United States.

Exhibit 4Thirteen of WRC-27’s nineteen items concern satellite systems, several in bands where the FCC also has proceedings
WRC-27 itemSubjectBandAmerican position, 7 Oct 2026
1.1Earth stations in motion47.2 to 50.2 and 50.4 to 51.4 GHzSharing with terrestrial 5G under review, FCC 25-70
1.2Smaller uplink antennas13.75 to 14 GHz
1.3Gateway uplinks51.4 to 52.4 GHzProposed for satellite, FCC 25-29; pending
1.4EPFD limits for low-orbit downlinks, Regions 1 and 317.3 to 17.7 GHzGeostationary downlinks allowed at 17.3 to 17.8 GHz in 2022 (FCC 22-63), low-orbit in 2024 (FCC 24-97)
1.6Equitable accessParts of 37.5 to 51.4 GHz42 to 42.5 GHz proposed for satellite, FCC 25-29; sharing review, FCC 25-70
1.10Limits on satellite emissions71 to 76 and 81 to 86 GHz
1.11Satellite-to-satellite linksMobile-satellite bands
1.13Direct connectivity to phonesFCC rules allow satellite service in terrestrial bands, and the order of 1 July 2026 on the 800 MHz band (DA 26-653) wrote a satellite pathway for a low band too (direct-to-device series)
1.5, 1.12, 1.14, 1.15, 1.16Unauthorised earth stations; low-data-rate and further mobile-satellite allocations; lunar communications; protection of radio astronomy from constellations
NoneUpper C-band3.98 to 4.2 GHz160 MHz at 3.98 to 4.14 GHz to be auctioned for terrestrial use (Auction 115) under FCC 26-46, satellite relocated; 6G part 2
WRC-31 preliminary item 2.3Moving earth stations12.7 to 13.25 GHzFCC 25-29 asks about wider satellite use; pending
NoneW-bandParts of 92 to 114.25 GHzProposed for satellite, FCC 25-29; Starlink uplinks authorised in DA 26-36

Items 1.7 and 1.17 to 1.19 are left out of the count. The last three rows are American proceedings with no WRC-27 item. A blank cell is an item for which the agenda names no single band, or on which no American proceeding is cited here.

Source: WRC-23 Provisional Final Acts, Resolutions COM6/23 and COM6/25; FCC 26-46, FCC 25-29, FCC 25-70, FCC 22-63, FCC 24-97 and DA 26-36; Federal Register index, 7 October 2026 (Filed). The count of satellite items is Blue Prysm’s (Judgement).

3GPP put the base station in orbit between Release 17 and Release 19

In Release 17 the standard let a phone talk through a satellite that did nothing more than relay its signal. Two releases later it had put the base station itself in orbit and linked satellites to one another, a long way in under four years (Exhibit 5).

Exhibit 53GPP added satellite access release by release, on fourteen band numbers, all in satellite spectrum
ReleaseWhat it addedBands first listed
Rel-17, frozen March 2022NR over satellite through transparent payloads, assuming “UEs with GNSS capabilities”; handheld phones in FR1 and VSATs above 10 GHz; NB-IoT and eMTC over satellite; satellite access in the 5G coren255 (L-band), n256 (S-band)
Rel-18, March 2024Coverage for smartphones with −5.5 dBi antennas, voice at 4.75 kbps; Ka band for VSATs; network-verified device location to 10 km; mobility between satellite and terrestrial cells; satellite backhaul in the 5G systemn254; n510, n511, n512 (Ka)
Rel-19, Stage 3 September 2025, frozen December 2025Regenerative payloads: “gNB on board”, with Xn over the feeder link or inter-satellite links; RedCap devices over satellite; more uplink capacity; store-and-forward for IoT with a base station on boardn250 to n253; n247, n248, n508, n509 (Ku)
Rel-20, in progress, due March 2027Operation that survives loss of GNSS; satellites that pre-compensate Doppler for NR devices that cannot; voice over NB-IoT through geostationary satellites; mobile VSATs “with small antennas (e.g., 20x20cm)”; 400 plus 400 MHz carrier aggregation in KaNone so far
6G, TR 38.914, June 2026One design for terrestrial and satellite; orbits from 300 km to geostationary; transparent and regenerative payloads; operation without GNSS requiredAt least the existing NTN bands; around 1.5, 2, 11/14 and 20/30 GHz

Release dates are the freezes the 6G series records. Bands are those in TS 38.101-5, compared across its September 2026 versions for Releases 17 to 20; n510 and n511 are the Ka variants written for the FCC’s rules, n512 for CEPT’s.

Source: 3GPP work items RP-220208 to RP-262263 as listed in the sources; TS 38.101-5 V17.16.0, V18.15.0, V19.6.0 and V20.1.0; TR 38.914 V20.0.0; work plan of 28 September 2026 (Filed).

The difference between the two payload designs comes down to where the base station is (Exhibit 6). A transparent satellite relays to one on the ground. A regenerative satellite carries its own, and because it does, it can link to other satellites as well.

Exhibit 6A transparent satellite relays to a base station on the ground; a regenerative one has the base station on board
Transparent payload (Rel-17)base station on the ground; the satellite relaysrelayphoneground stationbase stationRegenerative payload (Rel-19)base station on board; satellites link to each otherbase stationbase stationinter-satellite linkphoneground, when in viewOne-way delay, calculatedLow orbit at 550 km: 1.8 ms overhead, 3.8 ms at 25° above the horizonGeostationary at 35,786 km: 119 ms

Source: 3GPP RP-220208 (Release 17) and RP-251954 (Release 19); one-way delays calculated for 550 km and 35,786 km, as in the 6G series (Calculated).

Two Release 20 items show where the standard goes next. The first undoes an assumption Release 17 started with: every satellite specification so far has assumed a device that knows its own position from GNSS and uses it to correct its timing and frequency for the satellite’s motion, the Doppler shift of up to 23 parts per million that part 1 calculates. Without GNSS that device is lost. A GNSS-resilient study finished in June 2026 and a normative item followed. TR 38.914 goes further by making it a 6G requirement that the radio “shall be able to operate without GNSS in both Idle and Connected states”.

The second, RP-262263, was approved in September 2026 with a target of the first quarter of 2027. It starts from an observation: “Some satellite systems perform downlink pre-compensation and uplink post-compensation in order to support NR UEs that are not capable of performing uplink pre-compensation”. It then asks whether those devices and standard satellite devices can share a cell. In our view this describes the direct-to-device systems that serve unmodified phones, whose radios the direct-to-device series describes. If so, 3GPP is bringing a design choice those systems made outside the standard back inside it.

Every one of the fourteen satellite band numbers in TS 38.101-5 is in satellite spectrum: L, S, Ku and Ka. 3GPP now specifies what an operator needs to run satellites inside its own radio network, base stations in orbit included. It does not specify a satellite band in terrestrial mobile spectrum, which waits for WRC-27 item 1.13 in November 2027.

Terms used

  • EPFD. Equivalent power-flux density: the combined power that all of a non-geostationary system’s satellites may deliver at a point on the ground. Article 22 of the Radio Regulations sets it to protect geostationary links.
  • Adaptive coding and modulation. A link that changes its coding and modulation as conditions change, trading throughput for resilience. The FCC’s new test measures harm as lost throughput on links like that.
  • Processing round. The FCC’s way of considering competing satellite applications in the same band together; earlier rounds are protected against later ones for a period.
  • Transparent and regenerative. A transparent satellite relays the signal to a base station on the ground; a regenerative one has the base station on board.
  • FR1-NTN and FR2-NTN. 3GPP’s two frequency ranges for satellite bands: 410 MHz to 14.5 GHz, and 10.7 to 30 GHz.

Implications

Carrier strategist

Plan backhaul at scale around Part 100’s earth-station licence, once it is effective (part 2), because one licence for every site is a different cost from one licence per site. Plan radio-network design around the Release 19 and 20 features that let a satellite work inside your network as a regenerative base station. Expect no satellite service in your own terrestrial spectrum through the standard before WRC-27 decides item 1.13 in November 2027.

Investor

Put three dates in the model. The first is 13 July 2026, when the EPFD replacement took effect, subject to DIRECTV’s petition. The second is the Federal Register publication that sets Part 100’s effective date, and the third is 12 November 2027, when WRC-27 ends. Discount the FCC’s 100% to 700% capacity gain outside the United States, because it comes from SpaceX’s and Amazon’s own comments and because Article 22 still governs everywhere else.

Vendor

Build to a band list that is now fixed. L and S serve phones and IoT, Ku and Ka serve VSATs, and Ka comes in American and CEPT variants. Put the design effort where the standard is still moving, which is in two places. One is the regenerative base station in orbit, a radio-network product built for space. The other is operation without GNSS, which 6G requires and Release 20 has begun.

Method and limits

How this was built

Each FCC rule is read from the order itself, with its publication and effective dates taken from the Federal Register. The ITU position comes from the WRC-23 Provisional Final Acts and, for the conference’s refusal of an EPFD agenda item, from the plenary minutes as FCC 26-26 quotes them. The 3GPP record comes from the work item descriptions and the specifications. The release in which each band first appears is found by comparing the band tables in the Release 17, 18, 19 and 20 versions of TS 38.101-5.

What it does not show

An adopted order can be reconsidered, and FCC 26-26 is under a petition for reconsideration. Part 100 has no effective date, and its details may change before it takes effect. 3GPP’s completion percentages and target dates are the work plan’s own and move at every plenary. These are rules as written; nothing here says how any operator will use them.

Data as of: FCC orders and Federal Register to 14 Sep 2026, 3GPP work plan of 28 Sep 2026, read 7 Oct 2026; FCC DA 26-653 read 12 Oct 2026 · Method version 1.0.

Found an error? Tell us. Corrections are published on the piece that carried them.

If this is on your desk

We’re being asked for our satellite plan.

We work this decision through with your team. The first step is a one-day teardown: a 90-minute working session and a written answer two working days later, with the model behind it yours to keep.

How we would approach itStart a diagnosis