Federal Communications Commission: Modernizing Spectrum Sharing for Satellite Broadband

B-338413

June 18, 2026

The Honorable Ted Cruz
Chairman
The Honorable Maria Cantwell
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate

The Honorable Brett Guthrie
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Federal Communications Commission: Modernizing Spectrum Sharing for Satellite Broadband

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Federal Communications Commission (FCC) titled “Modernizing Spectrum Sharing for Satellite Broadband” (FCC 26-26). We received the rule on May 6, 2026. It was published in the Federal Register on May 13, 2026. 91 Fed. Reg. 26928. The effective date of the rule is July 13, 2026, except for the amendments to 47 C.F.R. §§ 25.146(a)(3) and 25.289(a)(2), which are indefinitely delayed. FCC stated that it will publish a document in the Federal Register announcing the effective date of these provisions.

According to FCC, this rule revises the spectrum sharing framework for Geostationary Orbit (GSO) and Non-Geostationary Orbit (NGSO) systems that currently relies on NGSO systems complying with Equivalent Power Flux Density (EPFD) limits developed in the late-1990s. FCC stated the consequences today of applying such EPFD limits in the United States is that operators must overprotect GSO systems, which in turn means that American households and businesses—most critically in rural and remote areas—do not receive the fastest space-based NGSO satellite broadband American innovation has available. FCC also stated that based on the technical record in this proceeding, the rule replaces the EPFD framework with modern, performance-based GSO protection criteria. FCC stated further that the rule extends FCC's framework for good-faith coordination and allows NGSO and GSO operators to bargain for appropriate interference protections through voluntary, private agreement. Lastly, FCC stated that the rule further adopts technical backstops to protect GSO systems when coordination has not been reached.

Enclosed is our assessment of FCC's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact me at (202) 512-8156.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

cc: Stephanie Neville
Attorney Advisor
Federal Communications Commission

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
FEDERAL COMMUNICATIONS COMMISSION
TITLED
“MODERNIZING SPECTRUM SHARING FOR SATELLITE BROADBAND”
(FCC 26-26)

(i) Cost-benefit analysis

The Federal Communications Commission (FCC) prepared an analysis of the costs and benefits of this rule. 91 Fed. Reg. 26928, 26944–47 (May 13, 2026). According to FCC, the rule is expected to generate substantial economic benefits to American households, satellite competitors, and other stakeholders. Id. at 26944. FCC estimates $1.6 billion to $19.9 billion in projected economic gains. Id. at 26945. FCC also estimates compliance costs to be approximately $162,000 in present‑value terms at a 3 percent discount rate or $152,000 at a 7 percent discount rate over 2026–2030. Id. at 26945–46.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

FCC determined that this rule will have a significant economic impact on substantial numbers of small entities, and prepared a Final Regulatory Flexibility Analysis. 90 Fed. Reg. at 26941–47.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

As an independent regulatory agency, FCC is not subject to the Act.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

On June 13, 2025, FCC published a proposed rule. 90 Fed. Reg. 25007. FCC stated that it received numerous comments in response to the proposed rule. 91 Fed. Reg. at 26929–41.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

FCC stated that this rule contains modified information collection requirements under the Act. FCC also stated that it plans to submit it to the Office of Management and Budget for review. Id. at 26928.

Statutory authorization for the rule

FCC promulgated this rule pursuant to sections 154, 157, 303, 308, and 316 of title 47, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

FCC determined that this rule is an economically significant regulatory action and submitted it to the Office of Information and Regulatory Affairs for review. Id. at 26943.

Executive Order No. 13132 (Federalism)

As an independent regulatory agency, FCC is not subject to the Act.