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The FCC's New NGSO–GSO Sharing Rules Take Effect, and the 1990s EPFD Limits Give Way to Good-Faith Coordination

On 13 July 2026 the FCC's rewrite of satellite spectrum-sharing (Report and Order FCC 26-26, adopted 30 April) came into force, replacing the fixed equivalent-power-flux-density caps that protected geostationary fleets with performance criteria and private coordination. SES and Eutelsat asked for an aggregate-interference limit and did not get one, and the ITU limits the order departs from are still on the books until WRC-27.

July 15, 2026·United States (FCC) · International (ITU / WRC-27)·Ku / Ka downlink · NGSO–GSO sharing · EPFD·5 min read
Satellite view of the dense L Street NE corridor and rail yards in Washington, DC, near the FCC's headquarters.
The FCC's headquarters sits in this L Street NE corridor in Washington. The rules it adopted here now govern how low-orbit constellations share Ku- and Ka-band downlinks with the geostationary fleets above them. · Imagery: Esri World Imagery

What happened

On 13 July 2026 the FCC's Report and Order titled Modernizing Spectrum Sharing for Satellite Broadband took effect, thirty days after publication in the Federal Register on 13 May. The Commission adopted it 30 April as FCC 26-26. The order rewrites how non-geostationary systems share the Ku- and Ka-band downlinks at 10.7–12.7 GHz, 17.3–18.6 GHz, and 19.7–20.2 GHz with geostationary fleets. It replaces the equivalent-power-flux-density limits, the EPFD caps set in the late 1990s to stop low-orbit satellites from swamping GSO reception, with performance-based protection criteria and a framework of good-faith coordination in which NGSO and GSO operators bargain for interference protection by private agreement. A pair of amendments to sections 25.146 and 25.289 is indefinitely delayed.

The change did not arrive without objection. SES and Eutelsat both asked the FCC to open a rulemaking on an aggregate limit on total NGSO-into-GSO interference, the concern that many constellations, each compliant on its own, together raise the noise floor a GSO fleet sees; the Commission did not grant it. DirecTV sought larger GSO-arc-avoidance angles and Astranis asked for additional reference links. The FCC framed the reform as unlocking up to a seven-fold capacity increase for space broadband and $1.6bn to $19.9bn in projected gains. The Space Bureau had already granted SpaceX an EPFD waiver on 9 January 2026 and Amazon a similar waiver on 20 February, so the order codifies a direction the Bureau was already taking case by case.

Why it matters for dispute formation

A fixed limit is a bright line: either a system stays under the EPFD mask or it does not, and the record of compliance is a computation. Swap it for good-faith coordination and performance criteria, and the dispute moves from a formula to a negotiation. Who has to coordinate with whom, what counts as good faith, what technical information each side must exchange, and what a GSO operator can claim when it says its reception has degraded, all of that now lives in bilateral agreements and in the FCC's after-the-fact reading of them. The absence of an aggregate limit is the sharpest edge: a GSO operator harmed by the combined effect of several compliant constellations has no single ceiling to point to, so its remedy has to be assembled from the coordination record.

For spectrum and regulatory teams the work is concrete. Map which of your downlinks fall in the three bands and whether your protection rested on the EPFD mask. Paper the coordination agreements now, because the agreement is the protection. Document the interference you actually see, since a performance claim needs measurements, not a mask violation. And watch the seam between US rule and ITU treaty: the equivalent-power-flux-density limits still sit in the Radio Regulations, ITU-R studies run into 2027, and an operator with rights in multiple jurisdictions has to hold a US performance regime and an international EPFD regime at the same time. The record that decides the first NGSO-GSO interference fight under the new rules is the coordination correspondence being written this quarter.

Earth's limb at night from orbit, with a thin band of atmosphere glowing above city lights.
Ku- and Ka-band downlinks from low orbit cross the same sky the geostationary fleet uses. With the EPFD mask gone, whether two systems coexist is decided in coordination agreements rather than a fixed formula. · Image: NASA

Who's exposed

SpaceX (Starlink) · Amazon Leo

Exposed as the NGSO operators the rewrite is built for: the fixed EPFD caps that constrained their downlinks are replaced by performance criteria and good-faith coordination, so the protection they must give GSO fleets now turns on negotiated agreements and short- and long-term criteria rather than a single 1990s formula.

SES · Eutelsat · Viasat · EchoStar (GSO operators)

Exposed as the geostationary incumbents whose interference protection moves from a hard EPFD ceiling to performance criteria and private bargaining; SES and Eutelsat asked the FCC for an aggregate limit on total NGSO-into-GSO interference and did not get one, so the ceiling they relied on is now a set of agreements they must negotiate.

FCC (Space Bureau)

Exposed as the regulator moving ahead of the ITU: the order departs from equivalent-power-flux-density limits that remain in the international Radio Regulations, with ITU-R studies not due to inform WRC-27 until 2027, so a US rule now sits ahead of the treaty text it diverges from.

Smaller GSO & regional operators (DirecTV, Astranis)

Exposed as parties that pressed for stronger arc-avoidance angles and added reference links during the proceeding; without a fixed cap, a smaller operator's protection depends on the coordination leverage it can bring against far larger constellations.

The historical parallel · EPFD limits at WRC-2000 and the OneWeb / O3b NGSO-GSO sharing fights

The equivalent-power-flux-density limits were negotiated into the ITU Radio Regulations around WRC-2000 precisely because early NGSO plans threatened geostationary reception, and they governed every NGSO-GSO coordination for two decades, including the sharing arrangements OneWeb and O3b had to strike with GSO incumbents. The limits worked as a hard ceiling that a GSO operator could invoke without negotiation. The FCC now trades that ceiling for coordination and performance criteria at the national level while the international mask stays in force. It is the moment a fixed protection becomes a negotiated one, and the coordination record, not a formula, becomes the evidence in the next dispute.

What to watch

  • How the first NGSO-GSO coordination disputes under the new performance criteria are framed, and whether the FCC reads 'good faith' strictly or loosely.
  • Whether SES, Eutelsat, or another GSO operator renews the push for an aggregate-interference limit through a fresh rulemaking or a petition for reconsideration.
  • The indefinitely delayed amendments to sections 25.146 and 25.289, and when the Commission lets them take effect.
  • The seam with the ITU: whether WRC-27 studies move toward relaxing EPFD limits internationally or leave US rules diverging from the Radio Regulations.

Sources

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For general information only; not legal advice, and no attorney–client relationship is formed through this article. Company names appear because the companies are exposed to a public development — not as a statement of wrongdoing or a predicted outcome. Figures are as reported by the linked sources.