Earlier this week, on August 25, 2026, the Federal Communications Commission (“FCC”) issued a Public Notice seeking public comment on how the agency might increase and improve spectrum access for commercial space launch and reentry activities.  The Public Notice follows through on a directive in the Trump Administration’s National Space Transportation Policy memorandum issued last week. Comments are due Monday, September 14, 2026 and reply comments are due Thursday, September 24, 2026.

A key issue on which the Public Notice seeks comment is how the FCC can increase and improve spectrum access for space launch and reentry activities, which currently operate on a secondary basis — meaning they must accept interference from, and may not cause interference to, incumbent users.  Pursuant to FCC orders in 2023 and 2024 — the latter implementing provisions of the Launch Communications Act, enacted in September 2024 — space launch and reentry operations currently have access to spectrum in the 2025–2110 MHz, 2200–2290 MHz, and 2360–2395 MHz bands, primarily on a secondary basis.

The FCC’s Public Notice recognizes that the frequencies made available for space launch and reentry activities are heavily used by incumbent operations and seeks comment on the frequency and cadence of commercial space launches, which use spectrum for various activities, including pre-launch testing, telemetry, tracking, and command for launch and reentry operations.  The Public Notice raises a number of questions about how the FCC can act to improve the availability and reliability of spectrum for these activities, including whether additional spectrum bands should be considered and, if so, which bands are appropriate.  It also asks whether any new allocations should be on a secondary, primary, or co-primary basis, and whether new spectrum coordination processes could improve efficient sharing between commercial space launch and reentry operations and incumbent users.

The National Space Transportation Policy memorandum issued last week directs the Secretary of Commerce and the FCC Chairman to “ensure reliable access to spectrum for commercial and Federal space launch, reentry, recovery, and on-orbit activities,” and to report to the President “on their approach to ensuring reliable access to spectrum.” The initial report, which yesterday’s Public Notice cites as a motivator, is due within 180 days — with follow-up reports due every two years thereafter.

Photo of Gerard J. Waldron Gerard J. Waldron

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the…

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the senior counsel on the House Subcommittee on Telecommunications. During his work for Congress, he was deeply involved in the drafting of the 1993 Spectrum Auction legislation, the 1992 Cable Act, the Telephone Consumer Protection Act (TCPA), CALEA, and key provisions that became part of the 1996 Telecommunications Act.

Gerry’s practice includes working closely on strategic and regulatory issues with leading IT companies, high-quality content providers in the broadcasting and sports industries, telephone and cable companies on FCC proceedings, spectrum entrepreneurs, purchasers of telecommunications services, and companies across an array of industries facing privacy, TCPA and online content, gaming, and online gambling and sports betting-related issues.

Gerry has testified on communications and Internet issues before the FCC, U.S. House of Representatives Energy & Commerce Committee, the House Judiciary Committee, the Maryland Public Utility Commission, and the Nevada Gaming Commission.

Photo of Corey Walker Corey Walker

Corey Walker advises clients on a broad range of regulatory, compliance, and enforcement matters in the media, technology, satellite and space, and telecommunications sectors. Corey also provides strategic counsel to leading media, sports, and technology companies on gaming matters, with a focus on…

Corey Walker advises clients on a broad range of regulatory, compliance, and enforcement matters in the media, technology, satellite and space, and telecommunications sectors. Corey also provides strategic counsel to leading media, sports, and technology companies on gaming matters, with a focus on sports betting, fantasy sports, and online gaming.

Corey represents clients before the Federal Communications Commission in connection with a range of policy and compliance issues, including satellite and earth station operations, radiofrequency (RF) spectrum use and availability, and experimental licensing for new and innovative technologies. He also advises clients on structuring transactions and securing regulatory approvals at the federal, state, and local levels for mergers, asset acquisitions, and similar transactions involving FCC and state telecommunications licensees and companies holding private remote sensing space system licenses issued by the National Oceanic and Atmospheric Administration.

Corey also maintains an active gaming and sports betting practice, and routinely counsels companies on state licensing and compliance matters, including those that pertain to fantasy sports and online gaming.

Photo of Rosie Moss Rosie Moss

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology…

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology regulatory issues, including emerging artificial intelligence compliance matters. She assists clients in complying with federal and state privacy laws and Federal Communications Commission (FCC) regulations. Rosie also maintains an active pro bono practice.