On 27 May 2026, the European Commission (“Commission”) published its proposal for a Regulation on the authorisation of systems providing mobile satellite services (“MSSs”) in the harmonised 2 GHz frequency band (1980–2010 MHz and 2170–2200 MHz) (the “MSS Regulation Proposal”). The existing rights of use in the band are due to expire in May 2027, and the Commission is using that deadline to overhaul the framework for granting spectrum authorisations for MSS provides. This Proposal will therefore be of particular interest to MSS providers wishing to expand their footprint in the EU, as well as terrestrial mobile network operators contemplating satellite partnerships, and other space sector participants, as it may increase the number of operators in the European MSS sector.
The MSS Regulation proposal would create single, directly applicable EU authorisation for MSS providers to access spectrum. It is expressly designed as an early, band-specific implementation of the broader EU-level satellite authorisation regime set out in the Commission’s proposal for a Digital Networks Act (“DNA Proposal,” which we describe in more detail in our previous post here). Substantively, authorisations would last for 20 years, renewable once for a similar duration unless the Commission chooses not to renew them. Among other things, the MSS Regulation Proposal would:
- Divide the 2 GHz band into six paired blocks of 5 MHz, with different admissibility criteria for authorization to use them. Two contiguous paired blocks (a paired 10 MHz) would be reserved primarily for a “secure MSS/hybrid system” providing secure governmental communications and integrated with the EU’s IRIS² constellation. The four remaining blocks would be made available to commercial entities. For two, operators in the EU will be prioritised, while the remaining two will be open to applicants from a Member State or a third country. A spectrum cap of a paired 10 MHz would apply to any single commercial applicant, and the secure-system operator could additionally bid for up to two commercial blocks.
- Establish admissibility criteria to ensure EU-controlled entities have access to most of the relevant spectrum. The secure MSS/hybrid system would be open only to EU-owned or EU-controlled entities established in a Member State and not subject to third-country control or jurisdiction. Specifically, these entities must be a legal entity established in a Member State, must be “directly or indirectly controlled by the EU or one or more Member States or by natural persons who have the nationality only of Member States, and not to be subject to control by a third country or by a third country national,” and must not be subject to third-country jurisdiction. The commercial blocks reserved for EU entities would impose similar admissibility requirements, but they only require operators not to be subject to third-country jurisdiction “in relation to the provision of MSS in the Union.” The open commercial track is the most accessible: an applicant must be established in the Union or, failing that, designate a single point of contact in the Union, so EU establishment is not an absolute precondition, subject to safeguards, including measures preventing third-country access to customer data.
- Establish conditions for the use of the 2 GHz band. There are general conditions applicable to the use of any of the blocks of spectrum, including commitments to: serving all EU Member States and a high proportion of the EU population; ensuring that all traffic generated by, or routed to or from, EU users must “land” within the EU, to limit the risk of third-country access to data, while also ensuring this data is within the scope of EU lawful access powers; compliance with security and resilience obligations similar to those set out in the existing European Electronic Communications Code and the DNA Proposal; and compliance with various “milestones” set out in the Annex to the MSS Regulation proposal (which include obligations to comply with ITU requirements, manufacture satellites in the EU, and have appropriate launch agreements in place before selection for authorisation). Other specific conditions apply to the commercially-available blocks, including a commitment to use the spectrum almost exclusively for MSS communications, and grant wholesale access on request subject to appropriate conditions. Different conditions apply to the secure MSS / hybrid system blocks, including requirements to prioritise government communications, integrate with IRIS2, and manufacture key components in the EU.
- Restrict transfers and leasing of spectrum. Commercial rights would be transferable and leasable only with prior approval from the European Commission, and they would only be transferable or leasable to qualifying parties. Rights to blocks used to provide the secure MSS/hybrid system would not be transferable, and any change of control would require prior Commission approval. The Commission would also have the power to withdraw an authorisation where a change of control means the relevant criteria are no longer met.
Fines for non-compliance with the conditions of authorisation or the restrictions on transfers / leasing of spectrum could be significant: up to 5% of an operator’s total worldwide turnover.
The admissibility criteria for access to four of the six blocks of the 2 GHz are likely to be of particular interest to MSS operators wishing to expand into the EU market. While the requirements for EU ownership and control are likely to be controversial, this approach is consistent with the EU’s broader tech sovereignty agenda and its focus on building industrial capacity in frontier technologies such as space within the EU.
The MSS Regulation Proposal is not yet final, and both the European Parliament and Council of the EU must now each agree on their own proposed amendments to the proposal before negotiating a final agreed text with one another and the European Commission. There may therefore be scope for changes to the text before it is finalized.
Erin Lynch, a trainee in our London office, assisted in preparing this blog.