What’s Happening

On October 7, 2025, the FCC released a draft Notice of Proposed Rulemaking (NPRM) titled Space Modernization for the 21st Century, which proposes sweeping reforms to the satellite and earth station licensing framework. Wiley Under this proposal, many of the existing rules in Part 25 would be reorganized into a new Part 100, designed to better support next-generation and novel space operations. The NPRM suggests the use of “brightline criteria” so that applications conforming to set thresholds would be presumed acceptable and eligible for expedited processing. Wiley Among the notable changes are new license categories—such as a Variable Trajectory Space System (VTSS) for in-space assembly or lunar operations—and a new multi-orbit license (MOSS) combining GSO and NGSO regimes. Wiley+2Akin – Akin, an Elite Global Law Firm+2 The draft also addresses processing rounds, milestone requirements, spectrum redesignations, sharing approaches, and increased operational flexibility (e.g. changing ephemeris or TT&C authority within a license). Wiley+1

Why It Matters

This NPRM signals a philosophical shift at the FCC: from a reactive, case-by-case licensing approach to a more predictive, criteria-based framework. For CubeSat and SmallSat operators, this means that many of the uncertainties—“Will my minor change be allowed?”, “How fast will the FCC act?”, “Will my mission qualify for expedited treatment?”—could be codified up front. The change also suggests that the FCC expects to accommodate more ambitious missions (in-space assembly, multi-orbit constellations) under a unified regulatory umbrella, rather than forcing creative workarounds or custom petitions. If adopted, this modernization could significantly reduce the administrative and technical gatekeeping costs that currently deter many small operators from engaging the U.S. regulatory regime.

A few key provisions of the NPRM are particularly relevant:

• Reclassifying or eliminating some of the existing Part 25 rules deemed redundant, cleaning up the regulatory “debris” in the process. Akin – Akin, an Elite Global Law Firm+3Akin – Akin, an Elite Global Law Firm+3Wiley+3
• Proposing that certain earth station operations could proceed under blanket or “immovable” licensing models, with fewer burdens on site registration and point-of-communication specification. Akin – Akin, an Elite Global Law Firm+2Wiley+2
• Adjusting milestones and bonds for NGSO systems: defining spectrum bands for processing rounds, binding time windows (50% launch in 12 years, full constellation in 14 years), and potentially eliminating GSO milestones. Wiley
• Operational flexibility: enabling operators to conduct orbit-raising operations within their TT&C authority, subject to certain conditions, and relaxing relocation rules for GSO satellites. Wiley
• Deleting the antiquated requirement to keep paper copies of applications, adopting “permit-but-disclose” status by default, and instituting a baseline earth station licensing path. Akin – Akin, an Elite Global Law Firm+1

How It Affects SmallSat / CubeSat Operators

For experienced regulatory professionals and mission planners, the NPRM offers both opportunity and uncertainty. If the brightline criteria are well-calibrated, many routine missions may qualify automatically, dramatically reducing review time and the need for back-and-forth with FCC staff. But if the criteria are set inappropriately tight, many missions could still be forced into the slower, traditional track.

The inclusion of VTSS and MOSS categories opens up the possibility of licensing more exotic mission profiles (multi-orbit, in-space servicing, on-orbit manufacturing) without creating entirely new regulatory processes. For CubeSat and SmallSat companies seeking to push the envelope, this removes some of the “regulatory friction premium” previously baked into risk assessments.

However, the risk is that the transition to Part 100 will involve a period of rule asymmetry or ambiguity. Operators must plan for dual-track compliance: designing both to the legacy Part 25 rules and to the emerging Part 100 criteria until the Commission finalizes the rule changes. During this transitional period, software tools and compliance platforms that dynamically adapt to changing FCC rules will be particularly valuable.

Astrolytics is already preparing for this shift. By building template frameworks for both Part 25 and future Part 100 rules, and enabling rule-based validation of filings against brightline criteria, Astrolytics can help operators remain ready and agile. We invite you to explore how our platform is aligned to support the modernization pathway at Astrolytics.