Countries Move to Address D2D Spectrum in Regulatory Policy

In a column in 2022, I shared some thoughts on the lack of national regulatory frameworks addressing direct-to-device (D2D) at the time. Later in 2023, I commented that given the number of interested providers and the nature of the International Telecommunication Union (ITU) spectrum allocation processes (both technical and regulatory), the industry simply needed more available mobile satellite service (MSS) spectrum for the next generation of D2D services beyond emergency messaging.

Since then, merging both topics, the world has been debating the future of D2D, including similar concepts like direct-to-cell (D2C) or direct-to-handset (DTH) connectivity. Much of the conversation has centred on the viability of these services, technical considerations (see remarks from Dr. William Webb), user servicing responsibilities, and questions about profitability (see remarks from D2D executives) and market size (see Enrico Ottolini´s recent article). These discussions are not unusual in the tech world, but in this case, they are particularly relevant for short-term policymaking. Often, markets and ecosystems evolve only once opportunities are fully recognized by users. However, when spectrum availability is central to service deployment, regulation becomes critical.

I acknowledge that the current services offered by D2D connectivity are still niche, catering to a privileged set of users and failing to address the broader market, including those most in need of basic connectivity beyond emergency communications. That said, there is now a genuine industry interest in refining deployment and expanding user reach to a wider audience across a variety of services. This growing focus is crucial, and it has prompted regulatory and technical bodies to place D2D at the top of their agendas.

Regulatory Shift: Global Focus on D2D in Mobile Bands

It may have escaped widespread attention, but regulatory authorities worldwide are moving quickly to catch up with D2D technologies — at a speed that is rare speed in the telecommunications world. In an unprecedented show of interest, no fewer than 10 countries have either amended their regulations or launched public consultations aimed at integrating D2D services into their national frameworks.

Without diving into the well-known technical distinctions between D2D MSS vs. D2D mobile deployment, it’s important to note the trend of regulatory shifts towards supporting the latter. This shift suggests a preference for reinforcing the role of national mobile network operators in service delivery, which could allow these services to reach a broader market more quickly. This is why the FCC’s Supplemental Coverage from Space (SCS) led with the proposal of using spectrum in the mobile service for satellite connectivity, effectively adding a secondary or co-primary MSS allocation “behind” a set of bands within the national allocation table, with a clear geographic element to its distribution. In simple terms, the FCC took targeted regulatory action in response to demand from satellite and mobile operators. Following this, other regulators and ministries launched their own national regulatory consultations to advance similarly.

For example, Canada has taken a nearly identical approach to the FCC’s SCS, with significant references to ongoing ITU processes (Agenda Item 1.13). In Africa, Ghana has explicitly mandated that D2D connectivity must be offered in partnership with mobile network operators (MNOs) under existing roaming agreements. Meanwhile, Ofcom has launched a broader consultation to gather industry feedback on D2D and reconsider the wider set of MSS-dependent services. Saudi Arabia, Australia, Thailand, Zambia, South Africa, Brazil — all have taken action or sought public input within the past 12 months.

Regulatory Motivation: Why the Rush?

What’s truly fascinating is how swiftly regulatory bodies are adjusting their frameworks, often before there is full clarity around deployment capabilities, market demand, or technical feasibility altogether. Moreover, this regulatory wave occurs while ITU’s current cycle towards WRC-27 is specifically mandated to study the potential use of IMT-identified spectrum (mobile) for MSS — similar to what many national administrations are doing independently. Is this an overlap? And if so, why move faster than 2027?

The answer lies in the growing economic interest in the space industry, coupled with pressure on regulatory authorities from the industry to allocate scarce spectrum resources among satellite operators worldwide. Without access to portions of “recycled” mobile spectrum, some operators lack a business case. Regulators, therefore, are enabling an ecosystem to exist strategically, even if it means not strictly aligning with ITU’s Article 5 global spectrum allocations.

From a regulatory perspective, while it may not be “conforming” or “common,” acting now amid uncertainty makes sense. This proactive approach aligns national policies with market trends and could influence outcomes at the upcoming World Radiocommunication Conference (WRC-27). In the next 12 months, we can expect even more national regulatory bodies to follow suit, making it crucial for participants in these consultations to understand the potential implications of policy shifts surrounding D2D MS deployment.

Addressing a Moving Target

I admire bold policymaking, assuming that someone has carefully weighed the pros and cons and asked tough questions. By no means every country will reach the same conclusions. As D2D technology evolves, we are headed towards three potential scenarios before WRC-27:

1. A de facto international agreement on preferred bands at national or regional levels, which may influence some WRC-27 outcomes. This could mean that industry stakeholders, through nationally approved service activation, may outpace ITU-R processes. However, exclusive partnerships between MNOs and satellite operators could hinder competitiveness due to exclusive access to newly allocated spectrum.

2. Diverse national regulatory frameworks, with varying market speeds for non-conforming D2D MS deployment. This could lead to a lack of harmonization before ITU decisions on this important technology, which may not be ideal for OEMs during the tech development stage. For example, Canada’s SCMS consultation specifies that temporary spectrum allocations for D2D MS may need to be revisited in under three years.

3. Slow uptake of non-conforming D2D MS deployment before WRC-27, despite years of global public consultations. Some regulatory authorities may question whether D2D is truly a short-term priority given the limitations of current services, while other technologies (like low-cost broadband satellite terminals) address more pressing national connectivity needs.

Even if new D2D frameworks do not materialize, industry input will at the very least help shape national positions during the WRC cycle.

Ivan Suarez is a global consultant specialising on satellite regulatory affairs. Contact: ivan.suarez@newsky.plus

The lead image is a Via Satellite archive photo