More EU-level steering, new selection criteria, new obligations: the EU proposal on the 2 GHz MSS band and its implications from 2027 onwards

On 27 May 2026, the European Commission put forward a proposal on the selection of providers of Mobile Satellite Services (MSS) for the use of the harmonised 2 GHz band. The proposal is intended to replace Decision No 626/2008/EC, since the existing rights of use granted on that basis will expire in May 2027. Whereas under the current framework an EU‑level selection is followed by the grant of national rights of use, the draft provides for a significantly more centralised model with a Union authorisation that applies in all Member States. The aim of the proposal is to reduce differences in national authorisation regimes within the internal market, facilitate the deployment of pan-European satellite services, and give greater consideration to the Union’s security and industrial policy interests.

What exactly is to be regulated

The proposal concerns the 2 GHz MSS band, which the European Commission considers particularly suitable for mobile satellite services. It provides for six paired blocks of 5 MHz, two of which are reserved for a secure MSS/hybrid system for governmental purposes, such as critical communications, public safety and defence. The remaining blocks are to be used for commercial MSS systems, for example satellite-based connectivity, D2D or IoT services. In the commercial segment, the proposal also distinguishes between blocks for so-called Union new entrants and blocks for other applicants from the EU or from third countries.

This distinction is reflected in the procedural rules. In addition to the general rules laid down in Articles 4 and 5, the specific procedural provisions in Articles 6 to 8 apply to the secure MSS/hybrid system, while Articles 9 to 12 apply to commercial MSS systems. Article 9 sets out the admissibility requirements for so-called Union new entrants, while Article 10 governs the requirements for other applicants from the EU or from third countries.

A stronger strategic orientation of the selection procedure

Notably, the proposal no longer limits the reallocation of the 2 GHz band to purely technical or economic criteria. Instead, the selection procedures are expressly intended to take into account factors such as security, resilience, Union added value and the integrity of services.

Particularly strict requirements apply to the secure MSS/hybrid system. Applicants must be Union-controlled and may not be under the control of a third country. Additional requirements include, for example, integration with IRIS² and the Union-wide provision of governmental or critical communications services. In the commercial segment, the proposal likewise goes beyond traditional infrastructure and coverage parameters. The eligibility and selection criteria include, in particular, requirements relating to security of operations, competition, wholesale access and Union added value across the digital technology supply chain.

What this means in practice for undertakings

For undertakings, this means that the regulatory framework will change significantly. In future, a technically capable system alone is unlikely to be sufficient. What may instead prove decisive is whether the business model also aligns with the Union’s strategic objectives.

The rights of the existing right holders will expire in May 2027, but may, upon request and for reasons of service continuity, be extended once for a period of two years. During that period, those rights may neither be transferred nor leased.

Providers linked to third countries remain, in principle, admissible in the commercial segment, but they are subject to additional requirements. The rules go even further in the area of the secure MSS/hybrid system, where access is restricted to providers established in the Union and under Union control.

High requirements regarding proof of feasibility

The Annex to the proposal is of particular practical importance. In the selection procedure and in subsequent implementation, applicants must demonstrate concrete milestones, including compliance with the ITU Radio Regulations, satellite manufacturing, launch agreements, gateway earth stations and the actual continuous provision of MSS in the territories of the Member States. The draft therefore requires not only a sound regulatory concept, but also robust industrial and operational evidence.

Fees, financial contributions and enforcement

The proposal provides for a two-tier system of charges. First, a one-off financial contribution must be paid for the right of use. Second, annual fees are envisaged, intended to reflect the ongoing value of the spectrum as well as the costs of management, control and enforcement.

In addition, the proposal introduces a Union-wide monitoring and enforcement regime. The European Commission is to be empowered to sanction breaches of authorisation conditions or Union law requirements through corrective measures, fines or, in extreme cases, the withdrawal of the Union authorisation.

Relationship with the Digital Networks Act and outlook

The proposal is aligned with the Digital Networks Act but constitutes a separate, band-specific lex specialis for the 2 GHz band. Undertakings should therefore monitor in parallel both the development of the Digital Networks Act and the band-specific MSS regulation. Even if the Digital Networks Act is likely to become a key framework for future satellite authorisations, band-specific special procedures remain possible under Union law and are likely from a regulatory perspective.

Whether the draft will be adopted in this form remains subject to the further legislative procedure. Even at this stage, however, it is already becoming clear that the reorganisation of the 2 GHz MSS band is likely to change the requirements significantly while at the same time opening up new access opportunities for market participants with D2D, IoT or multi-orbit concepts. An early legal and regulatory assessment may therefore prove decisive, both for the preparation of potential applications and for the strategic evaluation of existing or planned satellite projects in Europe, including in the context of existing foreign investment protection treaties.