FCC Issues Filing Guidelines for Supplemental Coverage from Space (SCS) Applications; Authorizes SpaceX and T-Mobile to Premier SCS Deployment

On December 5, 2024, the Federal Communications Commission (FCC) announced that its filing requirements were now in place for parties seeking to deploy Supplemental Coverage from Space, finalizing a new regulatory regime that enables satellite operators to work with wireless provider partners to provide ubiquitous coverage to hard-to-reach users. This step establishes the administrative requirements for FCC approval of SCS deployments and follows on the heels of a November 26^th authorization of the first-ever SCS partnership, a collaboration between SpaceX and T-Mobile.

New SCS Filing Requirements

On March 14, 2024, the FCC adopted the rules for SCS, which enables satellite operators to collaborate with terrestrial service providers to offer ubiquitous coverage directly to consumers' existing devices in areas not covered by terrestrial networks. This framework generally applies the existing service rules governing satellite communications under Part 25 of the FCC's rules to operators seeking to provide SCS services, with some modifications to accommodate the requirement that SCS partners have in place a spectrum lease for the satellite operator to access the spectrum of its terrestrial partner. Last week's announcement finalizes the filing requirements for approval under the new framework. Procedurally, this requires submission of two forms described below.

First, the parties applying for spectrum leasing must complete FCC Form 608, which now includes a question asking whether the lease application is being filed for the purpose of providing SCS, and submit documents as required by Section 1.9047(d)(2) of the FCC's rules, including a certification that the parties are entering into the leasing arrangement under the FCC rules that govern commercial satellite operations, and descriptions of how the parties will meet those requirements.

Second, parties who wish to provide SCS must submit, via FCC Form 312, either a new application or a modification application to offer expanded services. As part of this Part 25 application, satellite operators seeking to provide SCS now must certify that a lease notification or application pursuant to Section 1.8047 has been filed, the licensee(s) holds all co-channel licenses within the relevant geographically independent area (GIA), the applicant for a space station license seeks to provide SCS in the same geographic areas covered in the relevant GIA, and the SCS earth stations will qualify as "licensed by rule" earth stations under Section 25.115(q). Additionally, pursuant to new Section 25.125(c), all SCS earth stations that will be used for the provision of SCS must meet the equipment authorization requirements prior to commencing SCS operations using those SCS earth stations.

SpaceX and T-Mobile Approved to Deploy First SCS

On November 26, 2024, the FCC's Space Bureau granted an application modification filed by SpaceX to, inter alia, provide SCS within the United States in the 1910-1915 MHz and 1990-1995 MHz bands using its constellation of non-geostationary orbit (NGSO) satellites. SpaceX will provide SCS services, which are intended to eliminate service disruptions in "dead zones" where terrestrial cellular networks are not available, through a lease arrangement with T-Mobile. The Commission also authorized SpaceX to operate its satellites within certain sub-bands of the 1429-2690 MHz band outside of the United States to provide "direct-to-cell" operations.

Long before the SCS-specific rules were adopted, SpaceX and T-Mobile in 2022 entered into an arrangement to provide SCS services and filed a long-term spectrum manager lease notification "informing the Commission of an arrangement whereby SpaceX satellites would provide SCS to T-Mobile's terrestrial network on Personal Communications Service (PCS) G Block spectrum, i.e. the 1910-1915 MHz and 1990-1995 MHz bands, licensed to T-Mobile." Since entering into that arrangement, SpaceX has received more limited authorizations to test or provide SCS in the United States, including two special temporary authorizations to provide SCS in areas affected by recent hurricanes.

In granting SpaceX's request, the Bureau pointed to the key public-interest justifications for the Commission's adoption of SCS rules, which will certify the process for wireless companies working with satellite licenses to provide ubiquitous connectivity, and public interest benefits such as "access to 911 service from remote areas, technological advancement, and innovative spectrum use." The Bureau found that "by utilizing this SCS framework, SpaceX is able to provide a service that will benefit consumers while minimizing any risk of harmful interference to terrestrial providers and other satellite operators." The Bureau applied the entry criteria from its SCS Report and Order, finding that SpaceX's application substantially satisfied those criteria.

The Bureau also took other actions important to SpaceX operations, including authorizing SpaceX to conduct operations in other bands and at different altitudes, and it addressed coordination issues with NASA and other interference issues. However, the Bureau deferred consideration of SpaceX's request for a waiver of certain SCS power limits, as well as a request to deploy additional NGSO satellites in addition to the 7,500 currently authorized.

For more on the Commission's SCS rules, which took effect on May 30, 2024, see our previous reporting here.