The U.S. Federal Communications Commission (FCC) has circulated a draft Notice of Proposed Rulemaking (NPRM) under ET Docket No. 26-169. The draft explores a potential framework that could allow certain Part 15 devices to communicate directly with satellites.
Importantly, the FCC D2D draft is not a final rule, has not taken effect, and does not represent official Commission action. The FCC circulated the document for tentative consideration, and the Commission may still change the proposal before formal adoption.
For manufacturers of smartphones, laptops, IoT products, Wi-Fi, Bluetooth, and other wireless devices, this early stage already deserves attention. Although no new compliance obligation currently applies, the draft highlights areas that may later affect spectrum access, equipment authorization strategies, satellite connectivity, and product certification planning.
Regulatory Status: Draft / Pre-adoption proposal, not yet effective.
FCC D2D Draft: Proposed Spectrum Framework
The FCC proposes to examine Earth-to-space communications using three frequency bands that currently support higher-power Part 15 operations:
- 902–928 MHz
- 2400–2483.5 MHz
- 5725–5850 MHz
Under the draft proposal, devices operating in these bands could potentially communicate with FCC-authorized satellites while continuing to follow applicable Part 15 technical requirements.
The FCC also proposes a new footnote, identified in the draft as NG36, for the U.S. Table of Frequency Allocations. The draft language would allow non-Federal mobile-satellite service operations in the Earth-to-space direction across these three bands on an unprotected and non-interference basis, subject to Part 25 requirements.
However, the FCC has not adopted these allocations.
For companies developing wireless products, this distinction matters. Product teams should not assume that the FCC already permits these proposed satellite operations under final rules.
Why Regulatory Monitoring Matters at the Draft Stage
The draft NPRM raises several questions that could eventually shape how manufacturers design, certify, and deploy satellite-capable Part 15 devices.
For example, the FCC asks stakeholders to comment on:
- Whether existing Part 15 technical requirements adequately support Earth-to-space communications.
- Whether the Commission should consider additional frequency bands.
- How manufacturers and operators should manage coexistence with incumbent services and terrestrial Part 15 devices.
- Whether the FCC should restrict transmissions from aircraft or unmanned aircraft systems.
- Whether current out-of-band emission limits remain appropriate.
- How devices could distinguish between terrestrial and satellite communications.
At this stage, the FCC presents these as issues for consideration, not established requirements.
This is where early regulatory intelligence becomes especially valuable. Entirety LLC’s Regulatory Intelligence Service helps manufacturers and technology companies track emerging wireless and spectrum developments before regulators turn them into binding requirements.
By monitoring proceedings such as ET Docket No. 26-169, regulatory, engineering, and product teams can gain more time to evaluate potential technical and certification implications.
License-by-Rule Is Under Consideration
Another major element of the draft NPRM involves a possible license-by-rule framework under Part 25.
The FCC asks whether equipment certified under Part 15 could communicate with eligible satellites as satellite earth stations without forcing each device owner or manufacturer to file an individual Part 25 earth station application.
The Commission compares this concept with the approach used for Supplemental Coverage from Space.
Additionally, the FCC seeks comment on a possible blanket licensing framework for large numbers of compliant devices.
The FCC has not finalized either approach.
For manufacturers, the final licensing model could affect regulatory responsibilities, authorization pathways, documentation, and product-launch planning.
Entirety can support companies by tracking how these proposals develop and by identifying when a draft concept becomes an actionable compliance requirement.
Equipment Certification Requirements Are Not Yet Changing
The FCC does not propose to remove the existing Part 15 equipment authorization framework.
Part 15 intentional radiators would continue to require certification where current rules already require it.
However, the Commission asks whether devices designed to communicate with satellites should also receive Part 25 certification.
This distinction remains critical: the FCC has not adopted an additional Part 25 certification requirement.
If the Commission ultimately introduces such a requirement under the approach described in the draft, it proposes to apply the requirement only to new equipment authorizations or authorizations updated through the permissive change process.
The FCC also proposes that manufacturers would not need additional device testing when Part 15 technical compliance already demonstrates conformity.
For manufacturers evaluating future certification implications, Entirey LLC’s Product Certification Service can support product authorization and conformity-assessment planning as the regulatory framework becomes clearer.
Satellite Downlinks Remain an Open Question
The draft also examines whether the FCC should permit space-to-Earth operations in spectrum used by Part 15 devices.
In particular, the Commission asks for comments on possible satellite downlink use of the 5725–5850 MHz U-NII-3 band.
The FCC has not established a final downlink authorization or technical framework.
Instead, the Commission asks stakeholders to address issues such as:
- Power flux density limits.
- Satellite beam footprints.
- Aggregate interference.
- Out-of-band emissions.
- Frequency stability.
- Coexistence mechanisms.
- Contention-based protocols.
- Protection of authorized terrestrial services.
Manufacturers should therefore treat these topics as potential future regulatory considerations rather than current mandatory requirements.
Part 15 Devices Inside Spacecraft
The draft NPRM also proposes to clarify that compliant Part 15 intentional and unintentional radiators may operate within the shielded environment of a spacecraft, subject to other applicable restrictions.
The FCC discusses devices such as smartphones, smartwatches, notebooks, tablets, Wi-Fi equipment, and Bluetooth devices.
Moreover, the Commission requests feedback on possible future wireless applications involving:
- Extravehicular activity (EVA).
- Communications between spacecraft.
- In-Space Servicing, Assembly, and Manufacturing (ISAM).
- Unintentional electromagnetic emissions from spacecraft.
These elements also remain part of an ongoing regulatory proceeding and do not represent final FCC requirements.
What Manufacturers Should Monitor Next
The FCC D2D proceeding remains at the draft NPRM stage, so the Commission may still modify the framework before adoption.
Manufacturers, satellite operators, IoT companies, and wireless technology providers should monitor developments related to:
- Formal FCC adoption of the NPRM.
- Federal Register publication.
- Final comment and reply-comment deadlines.
- Proposed frequency allocations.
- License-by-rule or blanket licensing.
- Part 15 and Part 25 interaction.
- Equipment certification requirements.
- Satellite downlink conditions.
- Interference and OOBE limits.
- International and ITU considerations.
According to the circulated draft, comments would be due 30 days after publication in the Federal Register, while reply comments would be due 60 days after publication.
The provided draft does not identify a confirmed Federal Register publication date.
How Entirety LLC Can Support Your Regulatory Strategy
Draft proceedings often give manufacturers their first opportunity to prepare for potential regulatory change before new requirements take effect.
Entirety LLC helps organizations:
- Monitor the progression of FCC rulemakings.
- Identify regulatory developments that affect specific product categories.
- Assess possible implications for certification and market access.
- Track future technical and spectrum requirements.
- Prepare product and compliance teams before implementation.
For wireless and satellite-related regulatory monitoring, explore Entirety’s Regulatory Intelligence Service.
For product authorization and conformity-assessment support, visit Entirety’s Product Certification Service.
For broader international monitoring, Entirety’s Global Regulatory Updates Service helps companies follow regulatory developments across multiple markets.
At this stage, companies should treat ET Docket No. 26-169 as an emerging regulatory development to monitor—not as an effective compliance requirement.
Impact Assessment
- Technical Standards?
Yes - Type Approval & Market Access?
No - Imports, Customs, Trade, or Market Surveillance? No
- Spectrum Management? Yes
