Resolutsiooni liik: Riigikantselei resolutsioon Viide: Justiits- ja Digiministeerium /  / ; Riigikantselei /  / 2-5/26-01402

Resolutsiooni teema: Ühtlustatud 2 GHz sagedusriba kasutavate mobiilseid satelliitsideteenuseid osutavate süsteemide tegevuslubade andmise menetlus

Adressaat: Justiits- ja Digiministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgneva algatuse kohta, kaasates seejuures olulisi huvigruppe ja osapooli:

-Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the procedure for authorisation of systems providing mobile satellite services using the harmonised 2 GHz frequency band and repealing Decision No 626/2008/EC, COM(2026)311

EISi toimiku nr: 26-0213 Tähtaeg: 04.09.2026

Adressaat: Majandus- ja Kommunikatsiooniministeerium, Riigikantselei Ülesanne: Palun esitada oma sisend Justiits- ja Digiministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu). Tähtaeg: 17.08.2026

Lisainfo: Eelnõu on kavas arutada valitsuse 17.09.2026 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (09.09.2026) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 04.09.2026. 

Kinnitaja: Merli Vahar, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 06.07.2026 Resolutsiooni koostaja: Sandra Metste [email protected],  

.

EN EN

EUROPEAN COMMISSION

Brussels, 27.5.2026

COM(2026) 311 final

2026/0134 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the procedure for authorisation of systems providing mobile satellite services using

the harmonised 2 GHz frequency band and repealing Decision No 626/2008/EC

(Text with EEA relevance)

EN 1 EN

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Decision No 626/2008/EC1 established a sui generis authorisation regime for the 2 GHz MSS

band (comprising the 1 980 - 2 010 MHz frequency band for Earth-to-space communications,

and the 2 170 - 2 200 MHz frequency band for space-to-Earth communications), whereby the

Commission, together with the Member States through the Communications Committee,

selected licensees for the provision of mobile satellite services (MSS) at a pan-European

scale, while the Member States issued to the selected licensees the rights of use of

frequency on their territory under the common conditions set in that Decision. Those rights

are set to expire in May 2027, and the Union should take a decision about the future use of the

band.

Since 2008, there has been a number of technological and geopolitical developments which

have profoundly affected the importance of this band. Large constellations of Low Earth Orbit

(LEO)2 satellites, also as part of multi-orbit constellations, are emerging: their function in the

space can be compared to the one of terrestrial mobile communication towers, as they enable

hybrid terrestrial-satellite systems and future converged 6G mobile networks. They offer

notably satellite Direct-to-Device (D2D) connectivity, i.e. connectivity to unmodified mobile

phones, tablets and other end-user devices. This infrastructure is vital for ensuring access to

high-speed internet for all, particularly in underserved and remote regions, while also

strengthening European capabilities in critical-communications (emergency response and

defence), and a key component of resilient communication networks enabling continuous

connectivity under challenging conditions.

The 2 GHz MSS band is the optimal spectrum for the deployment of innovative satellite D2D

services. It is harmonised for MSS (as well as terrestrial mobile services) globally. Moreover,

it is a convenient spot for the integration of terrestrial and non-terrestrial networks (NTN) as it

is also adjacent to the bands allocated to terrestrial mobile services and makes it relatively

straightforward to be supported by chipsets. Secondly, the 2 GHz MSS band is sufficiently

large to be able to support not only voice and SMS, but also broadband services. As a

consequence, an undertaking who has access to the 2 GHz MSS band may provide satellite

services directly to end-users in the Union and/or use it easily for terrestrial systems.

Finally, satellite connectivity is increasingly vital for the EU's technological sovereignty,

playing a crucial role in fulfilling the communication needs of citizens, businesses, and

governments. The Union’s governmental actors are increasingly reliant on secure, reliable,

and ubiquitous satellite-based communication services, especially in scenarios where ground-

based systems are unavailable, disrupted, or unreliable. In such cases, satellite

communications are critical to maintaining continuous and effective communication

capabilities across the continent when terrestrial networks fail.

In view of the above, there is a compelling need for an EU intervention regarding the long-

term use of the 2 GHz MSS band. This intervention should reinforce technological

1 Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the

selection and authorisation of systems providing mobile satellite services (MSS) (OJ L 172, pp. 15–24,

ELI: http://data.europa.eu/eli/dec/2008/626(2)/oj) 2 LEO constellations can provide global, uniform, low-latency coverage because they are constantly

moving around the Earth, many moving satellites can cover every point on Earth eventually and hand

over coverage/service to each other.

EN 2 EN

sovereignty and competitiveness of the space sector by integrating recent technological

developments in satellite connectivity, while simultaneously addressing existing regulatory

shortcomings in the 2 GHz MSS band.

The objective of this Regulation is first, to develop common criteria for the selection of MSS

systems in line with current EU policy objectives, notably EU’s competitiveness and strategic

autonomy. Special attention is given to enabling secure EU satellite systems providing secure

governmental communications services in the Union. The Regulation should further promote

satellite D2D technologies within the new space ecosystem with the view to reinforcing the

Union’s industrial and scientific capacities, enhancing connectivity services for end-users and

consolidating Europe’s strategic autonomy, including resilient supply chains.

Secondly, this Regulation will remove regulatory fragmentation in the 2 GHz MSS band to

promote the swift deployment of innovative pan-European satellite communication services.

It will enhance efficiency, by establishing a licensee selected at Union level to deploy pan-

European services, in support of scale, innovation, and fair competition in the space sector as

well as reliability and security of EU connectivity. It will be a corollary of the proposed

framework on the Union authorisation of satellite systems, envisaged in the Digital Networks

Act (DNA), which includes granting rights of spectrum use under common EU conditions and

applies to all satellite spectrum bands with EU-wide relevance.

Lastly, upon request from the current holders of rights, the Commission may decide to extend

their rights of use of spectrum for a duration required to complete the selection process

subject to this Regulation, thus also ensuring a degree of service continuity. This extension

may be subject to conditions.

• Consistency with existing policy provisions in the policy area

This proposal is consistent with the Digital Decade Policy Programme3, and the DNA

proposal4.

The Digital Decade Policy Programme sets out ambitious connectivity and digital

infrastructure targets in the Union for 2030, which are based on technology neutrality as well

as network interoperability, ability and convergence. MSS, in particular with satellite D2D

capability, provide complementary resilient connectivity to businesses and citizens and foster

the Union’s competitiveness and sovereignty. In addition, satellite D2D connectivity will

contribute to the Digital Decade by delivering connectivity in remote areas of the EU,

including high-latitude polar areas.

This proposal is consistent with the DNA proposal, which proposes an EU satellite

authorisation for all satellite spectrum under EU harmonised authorisation conditions

harmonised at EU level. This proposal anticipates this Union-level authorisation approach by

ensuring its earlier implementation in the 2 GHz MSS band. Concretely, this would mean that

the authorisation conditions for the 2 GHz MSS band will be developed at EU level together

with the Member States and the spectrum rights granted at EU level by the Commission. As

with Decision No 626/2008/EC, the Commission will be empowered to conduct the process

for selection of undertakings authorised to provide satellite systems in the 2 GHz MSS band.

3 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022

establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, pp. 4,

ELI: http://data.europa.eu/eli/dec/2022/2481/oj) 4 Proposal for a Regulation of the European Parliament and of the Council on digital networks, amending

Regulation (EU) 2015/2120, Directive 2002/58/EC and Decision No 676/2002/EC and repealing

Regulation (EU) 2018/1971, Directive (EU) 2018/1972 and Decision No 243/2012/EU (Digital

Networks Act),2026, 21. 1. 2026, COM(2026)16 FINAL, 2026/0013 (COD)

EN 3 EN

Furthermore, the proposal aligns with the objectives outlined in the EU Space Strategy for

Security and Defence5. In an increasingly competitive geopolitical environment, the EU must

strengthen its strategic position and autonomy in space by deploying a secure satellite system,

utilising Union and Member States' resources. One key element is the allocation of the 2 GHz

MSS band to serve the EU’s interests in digital sovereignty, security, reliability, resilience,

innovation, and technological leadership. In particular, a part of this valuable spectrum should

be used to enhance the Union's secure governmental satellite communications capabilities in

the context of IRIS² programme6 objectives and through a secure system to support crisis

management and enable critical communications, when terrestrial communication systems are

unavailable, disrupted, or unreliable.

• Consistency with other Union policies

The Competitiveness Compass7 highlights the importance of advanced digital infrastructure

as fundamental to ensuring the EU's competitiveness. It acknowledges that connectivity,

including the one provided by satellite network constellations, is vital for business innovation,

digital services, and economic growth across member states. Further, it stresses the need to

eliminate regulatory barriers and harmonise rules to create a seamless digital market. By

enhancing high-speed connectivity, the EU aims to support economic activities, enable

transformative digital technologies like Artificial Intelligence (AI), and ensure Europe's

strategic autonomy in digital and space sectors.

The EU’s Strategic Vision for the Space Economy8 recognises that EU instruments for space-

related investments are closely linked to the need to eliminate regulatory barriers. The DNA

and this Regulation are seen as two of the critical building blocks for an EU single market for

space. By eliminating regulatory barriers, this Regulation will enhance pan-European access

to MSS spectrum and, thus, underpin the single market of satellite communication services,

enabling their scalability and innovation. The investments in satellite infrastructure and the

associated value chain are addressed by other EU instruments directly targeting relevant

aspects, like the financial support for the multi-orbit constellation IRIS², as well as EU

programmes like CASSINI and InvestEU, which include funding mechanisms for space

operations.

In addition, this Regulation supports the objectives of the European Economic Security

Strategy9 that aims to strengthen the Union’s economic resilience while safeguarding its

prosperity and technological leadership in an increasingly uncertain and geopolitically tense

environment. Namely, this Regulation aims to deepen the single market of MSS connectivity

and support Union’s industry in the MSS supply chain thus promoting Union’s

competitiveness. It addresses space and defence industry that was recognised as one of the

5 Joint Communication to the European Parliament and the Council “European Union Speca Strategy for

Security and Defence”, 10. 3. 2023, JOIN(203) 9 final. 6 Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023

establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023,

pp. 1, ELI: http://data.europa.eu/eli/reg/2023/588/oj) 7 Communication from the Commission to the European Parliament and the European Council, the

Council, the European Economic and Social Committee and the Committee of Regions “A

Competitiveness Compass for the EU”, 29. 1. 2025, COM(2025) 30 final. 8 Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions “A vision for the European Space

Economy”, 25. 6. 2025, COM(2025) 336 final. 9 Joint Communication to the European Parliament, the European Council and the Council on “European

Economic Security Strategy”, 20. 6. 2023, JOIN/2023/20 final

EN 4 EN

high-risk areas the Joint Communication on strengthening Economic Security10, which

presents concrete steps to reinforce the EU's strength and resilience in the face of growing

external economic threats, while retaining our openness and commitment to international

trade and investment.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union

(TFEU), as it aims to achieve the internal market for satellite communications and ensure its

functioning. Under this legal basis, the co-legislators may also take harmonisation measures,

with the view to creating an internal market for the provision of secure governmental

communications thus contributing to the Union’s security and preparedness. Such services,

which include services which are provided to government-authorised users, for the purpose of

inter alia surveillance, crisis management, law enforcement, connection and protection of key

infrastructures, public safety, emergency response, state security and defence may be

provided by operators of communications networks using public networks or through

dedicated private networks, or a combination of the two.

• Subsidiarity (for non-exclusive competence)

Given the intrinsic cross-border nature of satellite networks and services, satellite connectivity

represents clearly an area in which action at the Union level would be more effective than

action taken solely at the national level. Artificially fragmented conditions for the use of

satellite spectrum through national authorisations negatively affect the timely deployment of

satellite networks and services as well as impact their coverage and quality of service.

The establishment of EU-wide authorisation for the use of the 2 GHz MSS band will simplify

the current complex division of national regulatory responsibilities in a key satellite spectrum

band and enable timely availability and take-up of satellite services, with significant

advantages for the European industry and Union’s competitiveness. There is a strong case for

the EU with this initiative, to take an ambitious approach as a major follow-up to the DNA

proposal.

Strengthening Union’s competitiveness requires timely access to secure, resilient and

innovative satellite services. In a context, where the digital connectivity landscape is changing

rapidly with the convergence of terrestrial (mobile) and satellite networks, driven by network

virtualisation and artificial intelligence (AI), the EU will only be able to achieve this objective

through a more harmonised legal environment – in general and in particular with the 2 GHz

MSS band – that avoids inconsistent national authorisation practice limiting the opportunities

of the single market.

The new legal framework in the 2 GHz MSS band will provide regulatory clarity and

certainty, boosting commercial confidence and encouraging the uptake of innovative satellite

D2D services in an increasingly competitive global market by i) replacing the existing

fragmented system of national authorisation models—many of which differ significantly in

terms of procedures, conditions and fees—with a unified framework across the EU; ii)

avoiding delays and inconsistent interpretations of compliance and reporting requirements,

such as those currently faced by satellite operators in the 2 GHz MSS band; iii) supporting the

10 Joint Communication to the European Parliament and the Council Strengthening EU economic security,

3. 12. 2025, JOIN/2025/977 final

EN 5 EN

seamless provision of pan-European mobile satellite services enabled by a single EU

authorisation for access to the single market.

• Proportionality

This initiative builds on Decision No 626/2008/EC focusing on tackling bottlenecks in the EU

single market and aligning its provisions to policy, market and technology developments.

While, in principle, Decision No 626/2008/EC could still be used for a new selection and

authorisation in the 2 GHz MSS band, its scope and content do not match current EU policy

priorities, including on sovereignty, and rapid satellite market and technology developments

in the satellite sector. It contains, among others, outdated selection criteria and authorisation

conditions, which fit more geostationary orbit (GSO) satellite systems but do not match recent

technology developments, in particular the usage of LEO satellite constellations for the

provision of Direct-to-Device (D2D) connectivity. The possibility to elaborate the selection

criteria via a Commission implementing act, foreseen in Article 6(2) of Decision No

626/2008/EC is not considered sufficient to achieve that objectives, as such an act cannot, as a

minimum, change the weighting of the selection criteria or substantially modify their scope.

Therefore, a proportionate approach to achieve that objectives is to repeal the Decision

No 626/2008/EC and replace it with new proposed Regulation.

• Choice of the instrument

The Commission proposes a Regulation as it ensures the removal of single market barriers by

harmonising the approach and removing regulatory fragmentation in the 2 GHz MSS band to

promote the swift deployment of innovative pan-European satellite communication services.

The legal form of the current act is a Decision, that was addressed only to Member States , as

the authorisations were granted nationally and Member States retained enforcement powers.

A Regulation is more appropriate as this act is conferring powers to the Commission and

creates direct rights and obligations for undertakings and we establishes the framework for

their authorisation and supervision at the Union level.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

This initiative builds on the evaluation11, conducted for the DNA, that highlights significant

gaps in addressing the security and resilience of integrated electronic communications

infrastructures, including satellite and submarine systems, within the current geopolitical

context. Recent technological, market, and geopolitical shifts have amplified concerns about

competition, security, resilience, and technological sovereignty within these domains.

The evaluation also finds the establishment of a single market for satellite services with cross-

border potential remains elusive due to several challenges. Currently, there are no

standardized authorisation conditions or requirements for mobile satellite spectrum across the

EU. This leads to discrepancies in licensing timelines, national coordination approaches, fees,

and license conditions. To substantiate these discrepancies, the evaluation uses precisely the

example of the 2 GHz MSS band where the national authorisation of two undertakings

11 Evaluation – Review of the functioning of European Electronic Communications Code (EECC),

BEREC Regulation, Open Internet Regulation, and certain aspects of the ePrivacy Directive, Annex 11

to the Impact Assessment of the DNA proposal, SWD(2026) 13 final, part 3/3.

EN 6 EN

selected at the Union level, resulted in four types of spectrum authorisations with various

authorisation conditions. The evaluation points out that such fragmentation hinders the

internal market's ability to ensure a level playing field in space, complicates scaling efforts for

EU-wide mobile satellite services, and encourages regulatory forum shopping. These barriers

undermine the EU's readiness for the Direct-to-Device opportunity and challenge, increasing

strategic dependence on foreign entities for services critical to security and defence.

Regarding authorisation and objectives, the evaluation concludes that the fragmented rules—

particularly those under the general authorisation regime and national discrepancies in law

enforcement—pose significant obstacles to companies aiming to deploy innovative pan-

European services. The evaluation underscores the need to rebalance objectives by

prioritizing all aspects of connectivity, including green networks, enhancing competitiveness

for advanced infrastructure innovations, and integrating infrastructure security and resilience

into the core objectives of a revised framework.

• Stakeholder consultations

The Commission gathered stakeholders’ input from three different and complementary

sources.

Firstly, in the consultation on the White Paper – “How to master Europe’s digital

infrastructure needs?”12, a number of stakeholders supported the view that satellite

connectivity is vital for Europe’s resilience. They noted that satellites can operate even when

terrestrial networks are damaged or inaccessible, making them indispensable for emergency

responders, humanitarian teams and repair crews during disaster relief and recovery.

Moreover, some stakeholders proposed a pan-European assignment structure for satellite

spectrum within the 2 GHz MSS band, with wholesale access obligations for Internet of

Things (IoT) service providers, to support European leadership in the global IoT market.

Secondly in the Call for Evidence of the Digital Networks Act13, an EU-harmonised approach

to satellite market access was considered essential to unlock the full potential of satellite

connectivity across the EU by a number of satellite operators, who noted that the growing

demand for satellite access, combined with fragmented and non-harmonised authorisation

procedures, may lead to discriminatory outcomes, encourage ‘forum shopping’, and raise

barriers to cross-border satellite service development. Satellite operators called in particular

for regulatory simplification (e.g. of existing reporting obligations) and the elimination of

unnecessary regulatory burdens, for instance through greater consistency regarding

requirements for satellite authorisation, the compliance with and enforcement of national

frameworks, and reducing overlaps in EU regulations.

An EU-level mechanism for the selection of satellite operators (e.g. based on the Decision No

626/2008/EC), and/or a common satellite authorisation at EU level was supported by some

operators. Stakeholders highlighted the need to ensure long-term spectrum predictability

through flexible and transparent assignment conditions including improved licence-renewal

conditions. Furthermore, stakeholders stressed the need for a level playing field for both new

entrants and incumbents, including between satellite constellations accessing the EU market

and terrestrial mobile networks. They further stressed the need to address the potential

interference risks that Direct-to-Device satellite services may pose to existing terrestrial

systems and to ensure consistency with 3GPP standards.

12 COM (2024)81 final - https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52024DC0081 13 https://digital-strategy.ec.europa.eu/en/news/commission-gathers-feedback-upcoming-digital-networks-

act

EN 7 EN

Finally, the targeted Consultation14 on the Future use of the Mobile Satellite Services (MSS)

in the 2 GHz band, highlighted the following major aspects: i) several respondents underlined

the need for a dedicated spectrum for EU sovereign needs and strategic autonomy; ii) most

respondents emphasised the importance of the EU 2 GHz MSS band as an optimal spot of

spectrum for the provision of various satellite D2D and IoT services with good coverage and

performance15, and iii) most respondents also supported the need for an update of the

selection criteria laid down in Decision No 626/2008/EC to reflect ongoing technology and

market developments as well as security elements in the digital supply chain.

• Collection and use of expertise

The Commission gathered expertise from the Radio Spectrum Policy Group (RSPG), a high-

level advisory group that assists the Commission in the development of radio spectrum policy

and which delivered two opinions on the matter at stake.

First, in 2024, the RSPG Opinion on assessment of different possible scenarios for the use of

the frequency bands 1 980-2 010 MHz and 2 170-2 200 MHz by the Mobile Satellite Services

beyond 202716 sets out, amongst others, the following recommendations:

– to avoid fragmentation in the internal market, the Commission and Member States

should reach, by the end of Q2/2025, a sufficient understanding on a future band

usage and segmentation scenario, as well as next procedural steps;

– a balance between business continuity and innovation has to be taken into

consideration;

– a continuity scenario (same band segmentation between two operators) may limit

competition and innovation;

– technology neutrality should be maintained;

– due regard be given to the investments and market developments of existing

operators as well as to the need for new entrants to support innovation and to offer an

increasing number of services and emphasize the linkage with the EU-level policy

priorities.

Second, in 2025, the RSPG Opinion on the EU-Level policy approach to satellite D2D

connectivity and related Single Market issues17, called for stronger EU-level coordination of

satellite authorisation, including common authorisation requirements and collective

enforcement mechanisms. Such measures would be essential to prevent regulatory

fragmentation, ensure a level playing field, and strengthen Europe’s competitiveness in the

rapidly evolving satellite and D2D market. Enhanced coordination would enable Member

States to respond collectively to cases of non-compliance, safeguarding Europe’s strategic

interests, security, and technological sovereignty. Reinforcing EU action in this area would

provide the regulatory certainty needed to stimulate innovation, competition, and investment

in emerging space-based and next-generation connectivity markets. The RSPG further notes

that a minimum bandwidth of 2×10 MHz is required for new wideband technologies such as

14 Summary report of the Targeted Consultation on Mobile Satellite Services | Shaping Europe’s digital

future 15 The paramount importance of D2D satellite services has also been highlighted in the RSPG Opinion

and the Commission study. 16 RSPG Opinion on assessment of different possible scenarios for the use of the frequency bands 1980-

2010 MHz and 2170-2200 MHz by the Mobile Satellite Services beyond 2027 (RSPG24-007Final) 17 RSPG Opinion on the EU-Level policy approach to satellite Direct-to-Device connectivity and related

Single Market issues (RSPG25-020Final)

EN 8 EN

NTN-D2D, while narrowband IoT (NB-IoT) services could operate within a shared 2×5 MHz

block used by multiple providers.

The Commission also commissioned two studies. A major finding of the study by Idate18 was

that national authorisation models, enforcement frameworks and fee structure vary widely

across the EU. In particular, two principal authorisation regimes for the 2 GHz MSS band

were identified, i.e. general authorisation, applied in 14 Member States (e.g. Austria,

Belgium, Denmark, Poland, Sweden); and individual rights of use, also applied in 14 Member

States (e.g. France, Germany, Italy, Spain).

In several Member States (including Bulgaria, Cyprus, Germany, Greece, and Portugal),

individual rights of use of the 2 GHz MSS band have been extended to both satellite and

terrestrial components, enabling integrated MSS–CGC systems. MSS-specific enforcement

rules were rare, only Cyprus, Spain, Portugal, and Ireland adopted targeted provisions, and

several Member States undertook enforcement actions in response to non-compliance with

common MSS conditions. Regarding the fee structures, CGC fee models differ substantially

in type, calculation method, and magnitude. Common bases for calculating fees include the

number of CGC sites installed, the amount of assigned bandwidth (MHz), and the geographic

area or population covered.

The Study on Mobile satellite services (MSS) in the 2 GHz band in the EU19 explored market

trends and developments since 2009 and showed that besides Geostationary Orbit (GSO)

networks (used by the two incumbents), also non-GSO systems, especially based on LEO

satellites, have a high deployment potential in the EU 2 GHz MSS band. Furthermore, in

addition to the services provided by the two incumbents, namely in-flight connectivity and

certain narrow-band IoT, a wider range of Internet-of-Things (IoT) applications, and D2D

services are prominent candidates for using the spectrum. That study further concluded that

“...current MSS Regulatory Framework should be updated to bring it into line with modern

thinking on satellite networks and markets, address the noted deficiencies in the framework,

and provide more practical guidance to ensure more uniform licencing of MSS operators so

as to better reflect a single EU market.”

• Impact assessment

This legislative proposal relies on the same Impact Assessment that underpinned the proposal

for the Digital Networks Act.

The Impact Assessment for the DNA has considered and assessed impacts of three different

policy options for satellite authorisation.:

– under Option 1, the Commission is empowered to conduct selection procedure for

licencing satellite spectrum for pan-EU services; however, spectrum would be

assigned at national level under nationally defined conditions albeit on a common

template for authorisation conditions.

18 European Commission: Directorate-General for Communications Networks, Content and Technology

and Idate Digiworld, Mobile Satellite Services (MSS) authorisation regimes, authorisations and

enforcement in the EU Member States – Final report, Publications Office, 2019,

https://data.europa.eu/doi/10.2759/974409 19 European Commission: Directorate-General for Communications Networks, Content and Technology

and DETECON, Study on mobile satellite services (MSS) in the 2 GHz band in the EU –

Implementation of the current regulatory framework and an overview of the satellite connectivity

market – Final report, Publications Office of the European Union, 2025,

https://data.europa.eu/doi/10.2759/5764760

EN 9 EN

– under Option 2, the Commission is given the power to issue authorisations to provide

satellite networks or services and authorisations to use relevant spectrum including

individual rights of use of spectrum, in the relevant Member States or the entire EU.

There is hence full harmonisation of authorisation conditions and of the selection at

EU level. Further there is a binding EU-level compliance and enforcement

framework for access to the EU market, with possibility of authorisation withdrawal

for the entire Single Market.

– under Option 3, the Commission is entitled to conduct a selection procedure for

licensees of satellite spectrum for the provision of pan-European services, and it is

supported by the RSPG and BEREC Office to set common requirements for access to

EU satellite market and create a coordinated compliance and common enforcement

mechanism. However, it is the Country of origin which issues the rights of spectrum

use following the common requirements and imposes sanctions in case of non-

compliance.

Option 2 was chosen as a preferred option as outscored other two options on majority of

criteria.

This Regulation will apply the same approach as described and assessed under Option 2

to the 2 GHz MSS band. The EU authorisation approach will provide regulatory clarity and

certainty, boost commercial confidence and encourage the uptake of innovative D2D services

in the 2 GHz MSS band. It will i) replace the existing fragmented system of 27 national

authorisation models with a unified framework across the EU; ii) prevent delays, inconsistent

interpretations of compliance and reporting requirements, which jeopardise the viability of

pan-European D2D satellite services.

The impact under competitivenesswillmaterialize in terms of cost savings for different

stakeholders, thanks to the simplification of the regulatory environment, in particular for

services which rely on scarce spectrum such as D2D, and the long-term benefits of creating a

streamlined and harmonised system for the authorisation of the 2 GHz MSS band. Removing

the barrier of navigating 27 authorisation regimes benefits all constellations, particularly LEO

ones for D2D services. Providers, in particular new entrants, save primarily on administrative

costs and avoided delays associated with regulatory fragmentation and different conditions.

Applying option 2 to the 2 GHz MSS band would bring the economic benefits and

simplification potential as described in the Impact Assessment of the DNA, namely:

(a) satellite communication service providers would avoid a reduction of revenues due to

delays caused by Member State-by-Member State authorisation and spectrum

assignment, and occasionally due to legal uncertainty. Indeed, the largest cost burden

on satellite communication service providers stems from delays to commercial

launch, which can amount to tens of millions of euros in foregone revenues for a

provider with a large client base;

(b) the introduction of a single EU-level authorisation for satellite services could lead to

considerable reduction in administrative costs, staff needs, and delays for satellite

communication service providers as can be found in the DNA Impact Assessment;

(c) more efficient addressing of harmful interferences which cause serious operational

challenges due to the difficulty to enforce compliance with ITU Radio Regulations;

option 2 ensures all players play by the rules, thanks to the coordinated enforcement

of satellite rules. This is particularly relevant in markets characterised by big LEO

constellations, where interference issues are likely to increase in the next years;

EN 10 EN

(d) users of satellite communication services would fully benefit from the consumer

surplus thanks to timely availability of services and reduced legal uncertainty,

without coverage gaps in some Member States. There will always be a loss of surplus

when a satellite communication service provider lacks authorisation to deliver its

service, but the net loss of consumer surplus might be higher or lower than the loss of

revenue to the satellite communication service provider, depending on availability or

not of substitute services.

• Regulatory fitness and simplification

The EU authorisation for the use of 2 GHz MSS band and related authorisation for the

provision of MSS networks and services presents a significant simplification and improved

efficiency potential. It would reduce the cost of 2 GHz MSS band authorisation for mobile

satellite operators and national competent authorities. An operator selected at Union level

would no longer be requested to obtain spectrum rights in all Member States, would not need

to follow 27 authorisation processes and respect 27 sets of authorisation conditions, which

might include diverse and costly reporting obligations. The common enforcement framework

on the Union level would improve the effectiveness of enforcement measures.

• Fundamental rights

NA

4. BUDGETARY IMPLICATIONS

This proposal will necessitate, already ahead of the DNA approval, the allocation of

additional human resources for the Commission, as well as the engagement of external

specialists, to facilitate the process for selecting and authorising holders of the rights to use

the 2 GHz MSS band, covering spectrum authorisation activities at EU level, including the

cost of defining harmonised authorisation/assignment conditions, ensuring consistency of

these conditions and defining cost methodology for the fees and contributions.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The implementation of this proposal will require to launch a selection process for the use of

2 GHz MSS band for provision of mobile satellite systems in the EU. The Commission will

establish the rules and specifications, including the weighting of the criteria, of the selection

process after the opinion of the the Radio Spectrum Policy Group.

Common authorisation conditions will be set by the Commission with the assistance of the

Communications Committee (COCOM). As envisaged in the legal measure, the Commission

is empowered to monitor the implementation of the authorisation conditions. It shall inform

the Member States of the results of this monitoring on an annual basis, particularly in cases of

any alleged specific breaches of conditions. Additionally, it will communicate any

enforcement measures deemed appropriate.

• Explanatory documents (for directives)

Not applicable.

• Detailed explanation of the specific provisions of the proposal

Part I (Articles 1-3) outlines the objectives, scope, and definitions. The objective of this

Regulation is threefold: i) to establish a competitive procedure to select holders of the right to

EN 11 EN

use the 2 GHz MSS band at the Union level, and to authorise them to use this spectrum across

all Member States for the provision of MSS networks and services under common conditions

across the Union, ii) to promote the EU’s strategic autonomy in delivering secure and

ubiquitous communications services for governmental users, and iii) supports the Union’s

resilience, technological sovereignty and economic security. This involves assigning

dedicated portions of the 2 GHz MSS band for the provision of a secure MSS/hybrid system

and for a Union new entrant for the provision of commercial MSS services. In Article 2, the

terms used in the proposal are defined. Article 3 empowers the Commission to negotiate in

the name of the Union agreements on the 2 GHz MSS band with countries in the Union’s

immediate neighbourhood, including Arctic.

Part II (Articles 4-12) establishes general provisions (Articles 4-5) and three distinct

comparative selection procedures which are similarly structured in an admissibility phase and

two subsequent selection phases. One for the secure MSS/hybrid system (Articles 6-8),

another for commercial MSS systems of Union new entrants (Article 9) and a third one for

commercial MSS systems (Article 10). While the admissibility requirements for commercial

MSS systems of Union new entrants and commercial MSS systems differ, both procedures are

subject to the same eligibility requirements and selection criteria (Articles 11-12).

The procedure ends after the first selection phase, if the combined demand from eligible

applicants for radio spectrum for the provision of the secure, commercial MSS Union-based

new entrants or commercial MSS systems do not exceed the amount of radio spectrum

available per each procedure. Where the second selection phase is applied, the eligible

applicants in the outcome of the first phase are ranked based on elaborate selection criteria,

and the highest ranked applicants are selected depending on the available spectrum. The

Commission, together with the Member States will establish the weighting of the selection

criteria as well as any rules governing the selection process in the call for applications.

Part III (Articles 13-19) establishes general provisions for the Union-level authorisation for

satellite systems in the 2 GHz MSS band. Article 14 sets out specific conditions for the

provision of the secure/hybrid MSS system, whereas Article 15 addresses conditions for the

provision of the commercial MSS system. Articles 16 and 17 address the duration and

renewal of the rights, as well as the conditions for their transfer or lease, respectively.

Article 18 sets out rules on establishment of one-off financial contributions and annual fees,

and their usage. The Commission is empowered to adopt delegated acts to establish a

methodology for setting a minimum amount of one-off financial contributions and annual fees

to be paid by the secure/hybrid MSS system and the commercial MSS systems, to set details

related to collection and allocation off financial contributions and annual fees.

Finally, Article 19 sets out the rules on monitoring and enforcement. The Commission is

empowered to enforce and monitor Union authorisations, thus in case common conditions

have been breached, the Commission shall adopt appropriate and proportionate corrective

measures and may also impose fines and penalties.

Title IV (Articles 20-24) addresses the transitory, general and final provisions. In particular,

Article 20 grants a 2-year license extension to incumbents under the condition of non-

transferability.

EN 12 EN

2026/0134 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the procedure for authorisation of systems providing mobile satellite services using

the harmonised 2 GHz frequency band and repealing Decision No 626/2008/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee20,

Having regard to the opinion of the Committee of the Regions21,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Mobile satellite services (MSS) have developed as an innovative complementary

platform for the provision of various types of pan-European communications services

regardless of the location of end users, such as voice, messaging, high-speed Internet

and multimedia, and public protection and disaster relief. MSS systems could extend

mobile services’ coverage beyond the reach of terrestrial mobile networks, in

particular in rural areas, thus bridging the digital divide that still remains between

urban and rural areas in terms of coverage and quality of service22. As a

supplementary infrastructure, MSS systems could provide connectivity in the event of

terrestrial network shutdown caused either by natural disaster or human intervention,

thus improving the Union’s resilience. They could contribute to the Union’s security

and autonomy, and to competitiveness of the Union’s economy.

(2) Commission Decision 2007/98/EC23 has ensured the availability of the 1 980 –

2 010 MHz frequency band paired with the 2 170 – 2 200 MHz frequency band

(hereinafter ‘2 GHz MSS band’) in the Union for the deployment of MSS systems.

Any other use of the 2 GHz MSS band, such as by terrestrial systems, is allowed on a

non-protection and non-interference basis, ensuring the priority and protection of

MSS.

20 OJ C , , p. . 21 OJ C , , p. [… 22 5G Observatory: EU scoreboard 2025. See also: 5G indicators: coverage | Shaping Europe’s digital

future 23 Commission Decision 2007/98/EC of 14 February 2007 on the harmonised use of radio spectrum in the

2 GHz frequency bands for the implementation of systems providing mobile satellite services (OJ L 43,

15.02.2007, p. 32, ELI: http://data.europa.eu/eli/dec/2007/98(1)/oj)

EN 13 EN

(3) Decision No 626/2008/EC of the European Parliament and of the Council24

established a common framework for the selection at Union level of MSS providers

and their national authorisation under harmonised technical and operational

conditions. The purpose of the Decision No 626/2008/EC was to contribute to the

development of the internal market by avoiding fragmentation caused by national

selection procedures which could undermine the availability of pan-European services

and end-to-end connectivity, as well as to encourage efficient investment. Based on

the procedure set out in Decision No 626/2008/EC, two undertakings were selected in

2009 by virtue of Commission Decision 2009/449/EC and authorised to use each a

paired block of 15 MHz of spectrum (15 MHz Earth-to-space and 15 MHz space-to-

Earth direction) in all Member States until May 2027. Legal successors of both MSS

providers selected in 2009 provide mobile satellite services to business customers and

consumers, based on geostationary satellites, and at different levels of spectrum

utilisation and development of customer base.

(4) The provision of MSS has considerably evolved since Decision No 626/2008/EC

entered into force. In particular, the latest developments in satellite technology and use

cases, resulted in the emergence of multi-orbit constellations combining the use of

satellites in geostationary Earth orbit (GEO), medium Earth orbit (MEO) and low

Earth orbit (LEO). These developments form the basis for the development of

innovative services such as Direct-to-Device (D2D) connectivity, which are expected

to progressively transform the satellite market, by providing satellite connectivity to

standard unmodified mobile phones, tablets and other end-user devices compatible

with 5G and beyond. This will enhance access to high-speed internet for all,

particularly in underserved and remote regions, and will strengthen European

capabilities in critical communications.

(5) Satellite connectivity with high capacity and global coverage has become essential for

strengthening Union’s capabilities in governmental and critical communications

(emergency response and defence), and a key component for ensuring communication

networks’ resilience and for enabling seamless connectivity under challenging

conditions. Satellite connectivity can play a crucial role in the achievement of the EU

security, sovereignty and digital autonomy objectives.

(6) The globally harmonised 2 GHz MSS band is of particular relevance for the rapid

development of satellite D2D and broadband connectivity, as it provides favourable

propagation characteristics. Furthermore, it can accommodate the convergence

between terrestrial networks (‘TNs’) and non-terrestrial networks (‘NTNs’) into a

hybrid system, to ensure interoperability and seamless service provision between

terrestrial infrastructure – such as fibre and 5G or 6G networks – and space

infrastructure, thereby supporting innovation and the efficient use of spectrum. To

foster technological leadership, resilience and strategic autonomy, it should be

possible that the authorisation of the 2 GHz MSS band fosters new generations of

connectivity technologies and architectures that enable the integration of TNs and

NTNs into a hybrid system, including also complementary ground and airborne

components of the NTN.

(7) A number of supporting policy actions have been adopted by the Union with a view to

accelerating the uptake of the Internet of Things (‘IoT’), such as soil monitoring,

24 Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the

selection and authorisation of systems providing mobile satellite services (MSS) (OJ L 172, 2.7.2008,

pp. 15, ELI: http://data.europa.eu/eli/dec/2008/626(2)/oj)

EN 14 EN

container tracking, pipeline monitoring, aiming at maximising its potential for the

benefit of citizens and businesses. Low-data-rate MSS, which complement or

converge with terrestrial systems, play a crucial role in the deployment of IoT

solutions across diverse sectors, including water infrastructure and water quality

management, agriculture, energy, environmental research and transport. They can

make use of narrow spectrum blocks up to 1 MHz, also on the basis of shared

spectrum use between different operators. It should hence be possible for operators of

IoT to bid for a smaller part of spectrum than a paired 5 MHz block.

(8) The financial viability of Low Earth Orbit satellite constellations depends on the

access to multiple markets on a global scale. Moreover, consistency in spectrum

authorisation between neighbouring countries or regions can improve spectral

efficiency and enhance frequency coordination.

(9) The EU Space Strategy for Security and Defence25 recognises that space systems and

services are vital to the society, economy, security and defence in the Union, making

space a strategic domain also for secure governmental use. While services to

governmental users may be provided by any provider of satellite communications

services, security considerations justify that a portion of the valuable 2 GHz MSS band

should be harnessed to boost the Union´s secure governmental satellite

communications capacities through the deployment of a secure and resilient MSS

system or hybrid system (‘a secure MSS/hybrid system’). The system should provide,

among others, public interest services with a view to ensuring inter alia crisis

management, public safety and the protection of critical infrastructure, especially

when terrestrial communications systems are unavailable, disrupted, or unreliable, for

example due to climate related disasters. Moreover, in order to ensure high level of

security, the admissibility criteria for the secure MSS/hybrid system should ensure that

only EU owned or controlled providers may be assigned the portion of the band which

is dedicated to the provision of secure governmental services.

(10) Therefore, in order to meet the objectives of this Regulation of promoting the

competitiveness of the European economy through the provision of high-quality

mobile satellite services, fostering the development of the internal market as well as of

strengthening the Union strategic autonomy in the provision of secure connectivity to

governmental users, three distinct selection procedures should be established, one for a

secure MSS/hybrid system, one for a Union new entrant in the commercial market and

one, which is open also to applicants from third countries.

(11) Given the limited overall bandwidth of the 2 GHz MSS band, the amount of spectrum

dedicated to the secure MSS/hybrid system should not disproportionately limit

spectrum availability for commercial satellite systems. A paired block of 10 MHz is

necessary for such a system to be able to provide not only voice but also broadband

internet services to governmental users with sufficient quality26.

(12) The secure MSS/hybrid system should provide ubiquitous and versatile broadband and

narrowband services for secure governmental and critical communications across the

Union, supporting voice, data, IoT as well as D2D connectivity. Furthermore, the

secure and resilient MSS/hybrid system could be essential to implement the European

25 Joint Communication to the European Parliament and the Council JOIN (2023)9 final 26 Study on Mobile satellite services (MSS) in the 2 GHz band in the EU: Implementation of the current

regulatory framework and an overview of the satellite connectivity market, page 16.

https://op.europa.eu/en/publication-detail/-/publication/5c28e25b-41b3-11f0-b9f2-01aa75ed71a1

EN 15 EN

Preparedness Union Strategy27, that stresses inter alia the need to embed preparedness

by design into EU policies and actions for ensuring the resilience of vital societal

functions, including upgrading secure communications between the EU institutions

and Member States, and promoting dual-use by design in infrastructure investment for

secure connectivity across the Union. While the secure MSS/hybrid system should

primarily provide secure governmental communications services, in order to ensure

efficient use of spectrum and maximum benefits for the European economy and

citizens, that system should be enabled to use any available spectrum capacity, not

used for the provision secure governmental communications, alternatively for the

provision of commercial services, under the condition that the priority of providing

secure governmental communications is guaranteed.

(13) The Union´s Infrastructure for Resilience, Interconnectivity and Security by satellite

(‘IRIS²’), established by Regulation (EU) 2023/588 of the European Parliament and of

the Council28, is designed to provide secure, resilient and high-performance

communications services for the Union and its Member States, while also enabling

commercial broadband services. That critical infrastructure strengthens the Union´s

digital sovereignty, reduces dependency on non-Union providers, enhances resilience

against cyber and hybrid threats, and supports the Union’s strategic autonomy and

competitiveness in the rapidly evolving global satellite communications market. IRIS²

is based on a public-private partnership model, and deploys a multi-orbit constellation

combining geostationary, medium, low and polar Earth orbit satellites with advanced

cybersecurity and encryption standards. Therefore, in order to ensure a high level of

network resilience as well as service complementarity and variety, the preferred

approach for ensuring the provision of Union´s secure governmental satellite

communications using the 2 GHz MSS band should be based on multi-orbit satellite

architecture.

(14) As announced in the White Paper ‘How to master Europe's digital infrastructure

needs?’29, the Commission is working with Member States to establish the EU Critical

Communication System (EUCCS) to connect communication networks of all public

law enforcement, civil protection and safety responders in Europe by 2030 to allow for

seamless critical communication and operational mobility across the Schengen area.

Satellite connectivity, including notably via IRIS², will provide an essential back-up

and additional coverage for the EUCCS. In the context of this most important critical

communication initiative in the civil security domain, it is essential that sufficient

MSS spectrum for broadband and Direct-to-Device connectivity will be available for

the EUCCS. Therefore, the holder of the authorisation for the secure MSS/hybrid

system should support the operation of the EUCCS.

(15) In view of the growing importance of secure, effective and resilient communications,

for security and defence as well as for the functioning of critical services, it is essential

that the assignment of rights of use for a secure MSS/hybrid system in the 2 GHz MSS

band ensures a high level of security as well as operational reliability and integrity.

Where, following a selection procedure, the Commission concludes that none of the

27 Joint Communication to the European Parliament, the European Council, the Council, the European

Economic and Social Committee and The Committee of the Regions on the European Preparedness

Union Strategy, 26 March 2025, JOIN(2025) 130 final. 28 Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023

establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023,

pp. 1, ELI: http://data.europa.eu/eli/reg/2023/588/oj) 29 White Paper ‘How to master Europe's digital infrastructure needs?’, 21. 2. 2024, COM(2024) 81 final.

EN 16 EN

applicants is able to demonstrate such a high-level of capabilities for an effective and

resilient secure MSS/hybrid system in accordance with the conditions laid down in this

Regulation, it should be possible not to assign this portion of the 2 GHz MSS band. In

such circumstances, the Commission should be able to relaunch the selection

procedure, in order to ensure that the paired block of 10 MHz in the 2 GHz MSS band

is ultimately assigned to an undertaking capable of meeting the requirements, or to

explore alternative solutions.

(16) The European Economic Security Strategy30 aims to strengthen the Union’s economic

resilience while safeguarding its prosperity and technological capabilities in an

increasingly uncertain and geopolitically challenging environment. Among others, it

seeks to protect the Union’s public order and enhance its strategic autonomy and

security through diversification and increasingly resilient supply chains for critical

infrastructure. These objectives could be impaired if commercial MSS across the

Union were to be provided exclusively by a single third country operator. Currently,

there is no Union satellite operator holding rights to use spectrum in the 2 GHz MSS

band. In order to ensure resilience and pursue the Union’s strategic diversification, the

Commission should pursue diversification of suppliers, including byincentivising the

entry of Union owned or controlled satellite operators. For this reason, the Union new

entrants should be prioritised to obtain two of the four paired blocks of 5 MHz

available for the provision of commercial MSS.

(17) In order to safeguard competition, there is a need to prevent that the spectrum

available for commercial MSS is held by one undertaking or that there is significant

asymmetry between the spectrum holding of commercial MSS operators. This should

be ensured by a spectrum cap of paired block of 10 MHz, which should apply to

applicants for the provision of commercial MSS services. The applicant selected to

provide the secure MSS/hybrid system should be able to obtain, in addition to the two

paired blocks of 5 MHz for the priority provision of secure governmental

communications, also maximum two paired blocks of 5 MHz for the provision of

commercial MSS.

(18) In commercial MSS systems in the 2 GHz MSS band, it should not be allowed to rely

predominantly on complementary ground and/or airborne components for providing

MSS, compared to the space-based component of the MSS system. In order to avoid

distortion of competition in the terrestrial mobile market and foster the swift and

competitive deployment of advanced, high-quality commercial satellite systems, the

use of the band for hybrid commercial systems should not be allowed. These

components should be deployed just exceptionally, in places where the availability of

MSS with the required quality could not be ensured by space stations only. The

predominant reliance on especially complementary ground components might change

the nature of the system from mobile satellite to terrestrial network, contradicting the

purpose of this Regulation and could adversely affect competition on mobile terrestrial

networks.

(19) A hybrid system in the 2 GHz MSS band, which integrates a terrestrial network (TN)

and a non-terrestrial network (NTN), including any complementary ground or airborne

components, should ensure, where appropriate, radio interference management and

coexistence with other relevant wireless systems within the band and in adjacent

30 Joint Communication to the European Parliament, the European Council and the Council on “European

Economic Security Strategy”, JOIN/2023/20 final

EN 17 EN

bands. To that end, the Commission may include technical and operational conditions

for the secure MSS/hybrid system in the call for applications, subject to prior technical

studies.

(20) Data transmitted over a satellite constellation may land at different locations. With a

view to prevent data traffic from being exposed to a foreign legal regime on data

protection, applicants for any MSS system in the 2 GHz MSS band in the Union

should not be subject to obligations which allow jurisdictions outside the Union to

access the data transmitted over the Union’s MSS system. Moreover, all traffic should

be routed through the Union territory, to ensure that public authorities may exercise

their competence as regards lawful interception. Furthermore, the authorisation of the

2 GHz MSS band provides an opportunity to promote a Union-level ecosystem,

including supply chain for manufacturing, deployment and operation of the system

along with a high level of integration of technologies developed in the Union, with a

view to reduce strategic dependencies and prevent security risks as well as systemic

vulnerabilities.

(21) To promote market entry opportunities for new operators and effective competition,

foster innovation and ensure the proper functioning of the internal market, applicants

to MSS commercial systems should support business models that provide for

wholesale access to satellite capacity or spectrum on fair, reasonable and non-

discriminatory terms, e.g. for mobile virtual network operators.

(22) Directive (EU) 2018/1972 of the European Parliament and of the Council31

establishing the European Electronic Communications Code, provides a framework for

coordinated spectrum management in the Union, including for satellite spectrum,

setting out general principles which - in the absence of specific rules - are also relevant

for Decision No 626/2008/EC. As a general rule, under the current framework,

national competent authorities are responsible for the authorisation of the use of radio

spectrum.

(23) The existing MSS framework is based exclusively on national authorisation of satellite

services and spectrum resources and has not made it possible to address the issue of

fragmentation of authorisation conditions which affects the proper functioning of the

single market. Although Decision No 626/2008/EC has harmonised certain

authorisation conditions, national implementation in practice has been inconsistent and

resulted in authorisation delays and fragmentation. In its Opinions32, the Radio

Spectrum Policy Group (RSPG) called for stronger Union-level coordination on

satellite authorisation, common requirements, and collective enforcement mechanisms.

Such measures are essential to prevent regulatory fragmentation, and to enhance

Union’s competitiveness.

(24) Elevation of authorisation at Union level with centralised enforcement should enable

the Commission to react effectively in cases of non-compliance, in coordination,

where necessary, with Member States authorities, to protect Europe’s strategic

interests, security, and technological sovereignty. It should also create the regulatory

certainty needed to foster innovation, competition, and investment in particular, in the

31 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018

establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, pp. 36, ELI:

http://data.europa.eu/eli/dir/2018/1972/oj) 32 RSPG Opinion on assessment of different possible scenarios for the use of the frequency bands 1980-

2010 MHz and 2170-2200 MHz by the Mobile Satellite Services beyond 2027 (RSPG24-007Final), and

RSPG Opinion on the EU-Level policy approach to satellite Direct-to-Device connectivity and related

Single Market issues (RSPG25-020Final).

EN 18 EN

evolving D2D connectivity market. It is therefore necessary to bundle the selection

and authorisation of holders of rights of use in the 2 GHz MSS band at the Union

level.

(25) This Regulation should hence also set out a framework for the Union authorisation of

the 2 GHz MSS band. Union-level rights should be granted to selected satellite

undertakings for spectrum use, system deployment, including complementary and

airborne ground components, and service provision. This would address regulatory

fragmentation and reinforce the Union’s strategic autonomy and security, also

supporting EU space and connectivity policy objectives. Union authorisation should

ensure the avoidance of harmful interference by requiring the holders of rights of use

to maintain permanent control over the transmission of all radio stations, including

those operated outside the Union. It should also impose effective and efficient

coordination with existing and future Union satellite systems and allow access to radio

spectrum at the request of competent authorities in times of crisis.

(26) Taking into account the strategic importance of the secure MSS/hybrid system, the

right of use of the 2 GHz MSS band for that system should be subject to Union

authorisation under tailored authorisation conditions. These conditions should ensure

that selected applicants commit to the provision and continuous operation of secure

governmental communications services, including the operation, maintenance,

replenishment and protection of the relevant satellite and terrestrial infrastructure.

Given the mission-critical nature of governmental services and their inherent link to

the IRIS2 system’s governmental infrastructure, which is owned by the Union pursuant

to the Article 6 of Regulation (EU) 2023/588, the Union authorisation should ensure

the integration of the secure MSS/hybrid system with the IRIS2 system. The call for

applications should specify the level of integration of the secure MSS/hybrid system

with the IRIS2 system, for instance addressing the overall management of end-to-end

security services by using hardware, software and standards in line with the

specifications set out in Regulation (EU) 2023/588, ensuring the establishment on the

Union’s territory of a principal ground control station of the secure MSS/hybrid

system as an integral part of the IRIS2 network managment, or hosting and

management of IRIS2 payloads. Furthermore, the Union authorisation should ensure

compliance with the highest applicable cybersecurity requirements, and require

appropriate measures to guarantee the integrity, security and resilience of the system

components and their operation, thereby safeguarding the priority and continuity of

governmental communications services.

(27) Both incumbent holders of rights of use of spectrum in the 2 GHz MSS band have

deployed certain mobile satellite services, which have been, to some extent, taken up

by customers. Authorisation conditions could hence incentivise a degree of service

continuity and for solving any dispute between incumbent operators and new entrants

in this matter, in case the rights of use will be allocated to other undertakings.

(28) Taking into account that the deployment of D2D technologies is still evolving and its

operational characteristics and market uptake remains uncertain, it is appropriate to

limit the duration of the rights of use in order to allow the Commission to reassess the

technological, market and security conditions once the technology has matured. The

rights of use of spectrum in the 2 GHz MSS band should, therefore, be authorised for a

period of 20 years, which is sufficient to recuperate the initial investment and at the

same time preserves regulatory flexibility, promotes efficient use of spectrum and

allows the conditions of use to be adapted in light of technological developments

following the initial deployment.

EN 19 EN

(29) A comparative selection procedure should be used for the assignment of this spectrum,

because the indirect benefits for the EU of the development of a satellite project and

the provision of the mobile satellite services in this band are more important than the

direct benefits from any possible auction proceeds. Moreover, applicants should be

selected predominantly on the basis of the quality, and innovation capacity of their

offers as well as on the basis of the extent to which the selection of a particular

applicant or applicants promotes competition and avoids any threat to competition, and

not by the amount offered as a financial contribution. This should be reflected in

particular in the weighting of the criterion related to the avoidance of threats due to the

possible creation or strengthening of a dominant position as well as by a lower

weighting of the one-off financial contribution criterion.

(30) The rights of use for secure MSS/hybrid system should be assigned through a

comparative procedure against the commitment of the development and operation of a

project, and any financial contribution. For preserving security, integrity and

resilience of the secure MSS/hybrid system operation and for allowing compatibility

of such system with the IRIS2 system, the admissibility requirements should reflect the

eligibility and participation conditions set out Article 24 of Regulation (EU) 2021/696.

(31) Taking into account the importance of MSS for the Union, the Commission should be

empowered to set in a call for application a date by which the continuous provision of

MSS should commence. Continuous provision of MSS refers to the service for which

all tests have been concluded, and service is fully commercially deployed and

provided to users in an uninterrupted manner without degradation of service quality or

service outages. This requires that a communication link is always established to a

particular geographical area either by including that area in the coverage area of a

geostationary Earth orbit satellite or by ensuring the seamless handover of the

communication link to that area by satellites in non-geostationary Earth orbit or orbits

or by combination thereof.

(32) The rights for use of the 2 GHz MSS band for secure MSS/hybrid systems should not

be transferable or leasable, in order to ensure that they are used for the purpose for and

under the conditions which they were assigned. On the contrary, the rights of use for

commercial purposes should be in principle transferable. The Commission should

specify the conditions governing transfer or lease of the rights of use for commercial

services at the time the rights are granted. The transfer of rights should be restricted to

parties that meet the admissibility and eligibility criteria specified in this Regulation.

To facilitate such transactions, and provided that technical implementing measures

adopted under Decision No 676/2002/EC of the European Parliament and of the

Council33 are respected, the Commission should also consider requests to partition or

disaggregate spectrum rights and to review the related conditions of use. The

Commission should be able to refuse a transfer or lease on grounds of security,

sovereignty, or other public policy objectives, including the promotion or maintenance

of effective competition, or where there are insufficient guarantees that the spectrum

will be used in accordance with the authorisation conditions or for its intended

purpose.

(33) The adequate characteristics of the 2 GHz MSS band for provision of D2D services

and its exclusive use increase the economic value of the band for its users. The overall

33 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a

regulatory framework for radio spectrum policy in the European Community (OJ L 108, 24.4.2002, pp.

1, ELI: http://data.europa.eu/eli/dec/2002/676(1)/oj)

EN 20 EN

management of the 2 GHz band at the Union level would provide significant positive

improvements for the single market by minimising market fragmentation, comparing

to management on the level of Member States. In order to ensure an efficient

allocation and use of the 2 GHz MSS band and, to support Union spectrum

management activities as well as the continued provision of secure governmental

communications to the Union and its Member States, it is appropriate to establish

financial contributions and spectrum fees for the use of the 2 GHz MSS band.

(34) Due to technological progress in the field of satellite communications, in particular the

possibility of satellites to communicate with standard non-proprietary user mobile

devices, and the convergence between TNs and NTNs, the management of the 2 GHz

MSS band at the European level has the potential to maximise its value for the

Member States and the Union. This is hence necessary to effectively manage and

efficiently use radio spectrum in a strategic way as a common resource. A Union

authorisation allows its holder to access the band across the entire single market under

uniform authorisation conditions, allowing the deployment of seamless pan-European

services.

(35) Given the high value of the 2 GHz MSS band, the comparative selection procedure

should include amongst the selection criteria the requirement for applicants to propose

a one-off financial contribution, in the form of a sealed bid. Such contribution reflects

willingness to pay for the attribution of the scarce spectrum resource, against the

constraints of the authorisation conditions, and promotes efficient allocation by

capturing its competitive market value. Such financial contributions should however

not result in the selection being determined predominantly by the amount offered.

(36) The Commission may determine the conditions for setting out the amount of the

minimum one-off contributions via delegated act, taking into account the value of the

spectrum and the necessary investments. The minimum contribution for the right of

use for the secure MSS/hybrid system could differ from the one for the MSS

commercial system and could be set at zero, depending on the higher security

requirements and additional investment needed to ensure the required level of security

and the risk that the financial contribution would be to the detriment of security. A

separate evaluation of the minimal amount of the one-off financial contribution for the

secure MSS/hybrid system might be also justified by the expected higher cost of

operation and lower economic viability of these systems due to the uncertainty of

demand for secure governmental communication services. Additionally, this

uncertainty combined with the obligation to prioritise secure governmental

communications services renders difficult to predict when spectrum would be

available for commercial use.

(37) In view of the growing strategic importance of space-based capabilities in the global

connectivity landscape, and of the positive improvements for the Single Market of

managing 2 GHz MSS band at the Union level, the one-off contribution ensuring more

efficient spectrum allocation should be collected at a Union level by decision

addressed to the concerned providers. The revenue should be assigned to the European

Competitiveness Fund (ECF) Digital Leadership Window’s budget to contribute to

strengthening the Union’s competitiveness, resilience and strategic autonomy in the

digital and space sector and in dual-use technologies. In particular, the ECF should

support the development, scaling and industrial deployment of sovereign emerging,

cutting-edge and dual-use technologies with significant economic and strategic

potential, including technologies enabling secure connectivity, space-based services,

resilient communications and related digital infrastructures. The ECF should also

EN 21 EN

foster innovative ecosystems and support cross-border investments contributing to the

Union’s technological leadership.

(38) 2 GHz MSS spectrum right holders should be subject to an annual fee that reflects the

value of the ongoing rights of use of the public resource, thereby discouraging

spectrum hoarding and incentivising efficient use of spectrum. The annual fee should

at least cover the administrative cost of management, control and enforcement of the

general authorisation for provision of services and networks and of management of

spectrum authorisation at Union level including the cost of implementing the relevant

authorisation conditions and of monitoring spectrum use. It should further cover the

initial operational costs of the Office of Digital Networks (ODN), established in the

Regulation (EU) [XXX] of the European Parliament and of the Council on digital

networks (Digital Networks Act).

(39) The methodology for setting the annual fee should be defined by delegated act. The

annual fee should be proportionate and should be set at an appropriate level so to

balance the efficient use of the spectrum with the fulfilment of the broader policy

goals of the Union, reflect the value of the right of use, and might include mechanisms

to incentivise investments, deployment or quality of service. Principles and procedures

for the collection of the fees and the use of the annual fee may be set out through an

delegated act. Any amount exceeding the administrative cost as referred above should

accrue the EU budget. The applicable amounts of the annual fees should be set out by

decision addressed to the selected holders.

(40) The Commission should, together with the Member States, take appropriate measures

with a view to ensuring effective monitoring and enforcement of the Union

authorisations, in full compliance of the rights of defence of the undertakings

concerned. Monitoring arrangements to evaluate the provision of services and efficient

use of spectrum should rely both on national capacities and the cooperation with the

European Space Agency. National competent authorities responsible for spectrum

management should inform the Commission of any breaches of authorisation

conditions. The Commission should be empowered to impose fines or periodic penalty

payments for breaches of authorisation conditions. Such fines should be proportionate

and should take into account the gravity and duration of the infringement and, where

the infringement concerns a breach of national rules, any penalties already imposed by

national authorities. In order to effectively ensure compliance, Member States should

give full effect within their territory to decisions imposing corrective measures or

sanctions. Where the conditions attached to the use of the 2 GHz MSS band are

breached through repeated and substantial non-compliance, the Commission should be

empowered to withdraw the Union authorisation and should launch a new selection

procedure in accordance with this Regulation.

(41) The rights of use granted in accordance with Commission Decision 2009/449/EC34

should be extended for a period of two years, under the same authorisation conditions

currently provided in the Decision No 626/2008/EC and national legislation The

extension shall only benefit incumbent rights holders and ensure the continuity of their

services. During the period of extension, the rights of use should neither be transferred

nor leased or sub-leased. In order to ensure efficient use of spectrum, during the period

of the extension of an existing licence, spectrum sharing should allow experiments and

34 Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing

mobile satellite services (MSS), OJ L 149, 12.6.2009, pp. 65, ELI:

http://data.europa.eu/eli/dec/2009/449/oj

EN 22 EN

trials by new users on a non-protection and non-interference basis. Such experimental

activities would generate valuable technical and operational knowledge about

emerging technologies, spectrum coexistence, and compliance challenges and

accelerate the full-scale deployment of innovative services,

HAVE ADOPTED THIS REGULATION:

EN 23 EN

CHAPTER I – GENERAL PROVISIONS

Article 1

Subject matter and scope

1. This Regulation establishes a comparative Union procedure in support of the internal

market for selecting holders of the right to use spectrum in the 2 GHz mobile satellite

services (MSS) band and for authorising those holders to use that spectrum for the

provision of MSS systems or hybrid systems under common conditions in the entire

Union.

2. The comparative Union procedure contributes to the Union’s security and

preparedness by selecting and authorising one holder of the right to use a portion of

the 2 GHz MSS band for the provision of a secure MSS/hybrid system that enables

long-term ubiquitous availability within the Union’s territory of, and worldwide

uninterrupted access to, secure, resilient, high-quality, and cost-effective

governmental communication services to authorised governmental users.

3. This Regulation also supports the Union’s competitiveness, resilience, technological

sovereignty and economic security for the provision of mobile satellite networks and

services by selecting and authorising one or more Union new entrants for a right to

use a dedicated portion of the 2 GHz MSS band.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 2 of Directive (EU) 2018/1972

shall apply.

The following definitions also apply:

(1) ‘mobile satellite services (MSS)’ means either of the following:

(a) radiocommunications services between a mobile ground station and one or

more space stations;

(b) radiocommunications services between mobile ground stations by means of

one or more space stations;

(c) radiocommunications services between a mobile ground station and one or

more complementary ground and/or airborne components;

(2) ‘ground station’ means stationary terrestrial equipment, which is capable of being

used either only for transmission (‘transmit-only’), or for transmission and reception

(‘transmit-receive’), or only for reception (‘receive-only’), of radiocommunication

signals by means of satellites or other space stations and which originates and/or

terminates traffic (e.g. for backhaul) for the communication with space stations;

(3) ‘complementary ground components’ means ground-based stations used at fixed

points and deployed in order to improve the availability of satellite services in

geographical areas within the footprint of the satellites, where communications with

one or more space stations cannot be ensured with the required quality;

(4) ‘complementary airborne components’ means airborne stations used at specified,

nominal, fixed points relative to the Earth surface and deployed in order to improve

EN 24 EN

the availability of satellite services in geographical areas within the footprint of the

satellites, where communications with one or more space stations cannot be ensured

with the required quality;

(5) ‘continuous provision of MSS’ means the ability to maintain uninterrupted mobile

satellite services at all times without degradation of service quality or service

outages;

(6) ‘2 GHz MSS band’ means radio spectrum in the frequency bands from 1 980 to 2

010 MHz for Earth-to-space communications, and from 2 170 to 2 200 MHz for

space-to-Earth communications, which is harmonised at the Union level pursuant to

Decision 2007/98/EC;

(7) ‘paired block’ means two spectrum blocks of equal amount with a duplex spacing of

190 MHz within the 2 GHz MSS band, one used for Earth-to-space communications,

and the other used for space-to-Earth communications.

(8) ‘MSS system’ means a system capable of providing mobile satellite services that

includes one or more space stations in one Earth orbit, or multiple space stations in

different Earth orbits, and that may comprise complementary ground and/or airborne

components;

(9) ‘hybrid system’ means an integrated system, which consists of an MSS system and a

terrestrial (e.g. mobile) network, and which provides communications services so

that the MSS system ensures complementary coverage for the terrestrial network;

(10) ‘secure governmental communications services’ means mobile satellite services

which are provided to government-authorised users, by providers which fulfil

appropriate security and resilience requirements, and which include one or several of

the following applications: surveillance, crisis management, law enforcement,

connection and protection of key infrastructures, public safety, civil

protection/emergency response, state security and defence;

(11) ‘dedicated governmental network layer’ means a circumscribed layer of the

MSS/hybrid system, which is operated by the selected operator under the control of

the Union in accordance with this Regulation and the call for applications. The

determination of its main characteristics, supervision of its exploitation and

determination of its users is to be done having regard to the principles and technical

characteristics set out in Regulation (EU) 2023/588. This network provides a subset

of secure governmental communications services to a limited category of

governmental users with enhanced security requirements, for the sole use of the

Union, its Member States or Union authorities or Member States authorities;

(12) ‘secure MSS/hybrid system’ means an MSS or a hybrid system, owned or controlled

either by the EU or by one or more of its Member States or by one or more natural

persons who have the nationality only of Member States, which is intended to

primarily provide secure governmental communications services in the 2 GHz MSS

band;

(13) ‘commercial MSS system’ means an MSS system which provides MSS to the public;

(14) ‘landing of traffic’ means routeing of mobile satellite communications traffic through

a complementary ground component, a complementary airborne component or a

ground station;

(15) ‘security of the supply chain’ means the availability, throughout the lifetime of a

system, of critical components, technologies, systems and knowhow required in the

EN 25 EN

deployment and operation of that system, including measures for mitigation of the

risks related to possible disruptions in the supply of such components, technologies,

and systems;

(16) ‘incumbent’ means an undertaking which has been assigned rights to use the 2 GHz

MSS band in accordance with Decision No 626/2008/EC and Commission Decision

2009/449/EC and any undertaking that has lawfully acquired control over it;

(17) ‘turnover’ means the amount derived by an undertaking within the meaning

of Article 5(1) of Council Regulation (EC) No 139/2004;

(18) ‘Union new entrant’ means an undertaking which fulfils the admissibility

requirements set out in Article 9 of this Regulation.

(19) ‘control’ means the ability to exercise a decisive influence over a legal entity directly

or indirectly through one or more intermediate legal entities.

(20) ‘executive management structure’ means the body of a legal entity appointed in

accordance with national law, and which, where applicable, reports to the chief

executive officer or any other person having comparable decisional power, and

which is empowered to establish the legal entity’s strategy, objectives and overall

direction, and oversees and monitors management decision-making.

Article 3

International coordination

1. For the purpose of coordination of the use of the frequencies, in the immediate

geographic neighbourhood of the Union, including the Arctic region, the

Commission shall have the power to make the necessary arrangements to cooperate

with countries neighbouring the Union and to facilitate consistency/alignment in the

authorisation of the 2 GHz MSS band and international coordination.

2. The Commission, assisted by the RSPG shall promote cooperation with competent

authorities of third countries, with the view to maximising the efficient use of the 2

GHz MSS band at global level.

EN 26 EN

CHAPTER II – SELECTION PROCEDURE

Article 4

General rules

1. The Commission, assisted by the Communications Committee referred to in Article

22(1), shall organize and carry out a comparative selection procedure, for granting,

upon application, rights of use of radio spectrum for six paired blocks of 5 MHz in

the 2 GHz MSS band as follows:

(a) a right to use two contiguous paired blocks of 5 MHz primarily for the

provision of the secure MSS/hybrid system,

(b) a right to use a paired block of 5 MHz or multiples thereof, or a portion of a

shared paired block of 5 MHz, for the provision of a commercial MSS system

by a Union new entrant,

(c) a right to use a paired block of 5 MHz or multiples thereof, or a portion of a

shared paired block of 5 MHz, for the provision of a commercial MSS system

by an applicant from a Member State or a third country.

The procedure referred to in the first subparagraph shall be open, transparent, non-

discriminatory and proportionate, and shall be based on objective, non-

discriminatory and proportionate criteria known in advance.

The Commission reserves the right to grant or not to grant any right of use referred to

in the first subparagraph.

2. Applicants shall be given a fair and non-discriminatory opportunity to participate in

the selection procedure. The procedure shall be open for single undertakings and for

joint ventures, even if they do not perform on a lasting basis all the functions of an

autonomous economic entity, irrespective of their public or private ownership.

3. An applicant may submit multiple applications for the rights of use for commercial

MSS systems referred to in paragraph 1, points (b) and (c). An application may be

conditional on the applicant’s obtaining rights of use for a certain minimum amount

of spectrum.

The maximum amount of spectrum that may be granted to a single applicant for the

provision of a commercial MSS system referred to in paragraph 1, points (b) and (c)

shall be a paired block of 10 MHz.

4. An applicant for the right of use for the provision of the secure MSS/hybrid system

may additionally apply for rights of use for the provision of a commercial MSS

system under the conditions specified in paragraph 3, second subparagraph.

5. The call for applications and all decisions made by the Commission throughout the

phases of the comparative selection procedure as well as the final selection of

applicants shall be published in the Official Journal of the European Union. The

Commission shall seek advice and assistance from a panel of external experts, for the

analysis and/or evaluation of applications. Such external experts shall be selected on

the basis of their expertise and high level of independence and impartiality.

Article 5

Comparative selection procedure

EN 27 EN

1. The comparative selection procedure shall comprise at most an admissibility phase, a

first selection phase and a second selection phase.

2. The Commission shall, by way of implementing acts, issue a call for applications

specifying inter alia/in particular the following:

(a) the procedural deadlines, evidence and documents to be included in the

applications;

(b) the admissibility and eligibility requirements, and the selection criteria and

their weighting;

(c) the authorisation conditions, including the date of commencement of the

continuous provision of MSS;

(d) payment of any financial contribution and annual fee;

(e) where relevant, appropriate criteria ensuring compatibility between MSS and

hybrid systems which would allow continuity of incumbent services and the

provision of innovative services.

Those implementing acts shall be adopted in accordance with the advisory procedure

referred to in Article 22(2).

3. Applications shall be submitted to the Commission.

4. In the admissibility phase, the Commission shall assess the admissibility of

applicants based on the admissibility requirements set out in Articles 6, 9 and 10, as

applicable, and on the completeness of their applications. The Commission may

request applicants to supply additional information regarding the fulfilment of

admissibility requirements within a specific time frame of between 5 and 20 working

days upon notification. The application shall be deemed inadmissible if such

information is not supplied within the specified time frame. The Commission shall

inform applicants without delay on whether their applications are considered as

admissible or not and publish a list of admissible applicants.

5. The first selection phase shall begin within 40 working days following the

publication of the list of admissible applicants referred to in paragraph 4. The

Commission shall assess whether admissible applicants fulfil the eligibility

requirements laid down in Article 7(1) or Article 11(1), as applicable. The credibility

and viability of applications shall be taken into account throughout the first selection

phase.

6. If the applicants are not selected in the first phase in accordance with Article 7(2) or

Article 11(2), the Commission shall carry out the second selection phase and rank

eligible applicants based on the selection criteria in Article 8(1) or Article 12(1), as

applicable.

7. The Commission may adopt a delegated act to extend the admissibility requirements

of Articles 6 and 9 to applicants from geographically neighbouring countries, in

particular where participation of applicants from such countries would bring

significant added value in terms of access to specific technologies, goods or services,

or would facilitate coordination to the benefit of seamless coverage of border areas.

The delegated act shall specify the conditions for participation and include measures

to ensure the protection of EU classified information (EUCI) and non-classified

sensitive information, as well as any limitations as to the access of applicants,

EN 28 EN

including members of a joint venture, from third countries to the dedicated

governmental network layer.

8. The Commission shall, by way of implementing acts, adopt a reasoned decisions on

the non-admissibility or non-eligibility of an application, as relevant. Those

implementing acts shall be adopted in accordance with the advisory procedure

referred to in Article 22(2).

Article 6

Admissibility phase for the secure MSS/hybrid system

1. The following admissibility requirements shall apply to an applicant for the right of

use of the 2 GHz MSS band for the secure MSS/hybrid system:

(a) to be a legal entity, including a joint venture, established in a Member State

with its executive management established in the Union;

(b) to be directly or indirectly controlled only by the Union or one or more

Member States or by natural persons who have the nationality only of Member

States, and not to be subject to control by a third country or by a third country

national;

(c) not be subject to obligations under third country jurisdiction;

(d) commit to support and promote the security and defence interests of the Union

and its Member States as established in the framework of the Common Foreign

and Security Policy pursuant to Title V of the Treaty on European Union;

(e) to commit to carry out all relevant activities related to the operation of the

secure MSS/hybrid system in one or more Member States;

(f) to have one or more appropriate International Telecommunication Union (ITU)

filing(s) related to the 2 GHz MSS band from a Member State and take all

necessary measures to ensure compliance of the secure MSS/hybrid system

with the ITU Radio Regulations.

2. Where an applicant is a legal person in the form of joint venture, the requirements set

out in paragraph 1, points (a) to (e), shall apply to each legal or natural person of the

joint venture, while the requirement set out in paragraph 1, point (f), shall apply to at

least one member of the joint venture.

3. Where an applicant for a secure MSS/hybrid system also applies for a commercial

MSS system, Articles 9, 11 and 12 shall apply for that part.

4. Applicants shall specify the amount they commit to pay as one-off financial

contribution for the right of use of a paired block of 5 MHz in the 2 GHz MSS band,

which shall be equal to or higher than the minimum amount specified in the call for

applications.

Article 7

First selection phase for the secure MSS/hybrid system

1. The following eligibility requirements shall apply to applicants for the right of use of

the 2 GHz MSS band for the secure MSS/hybrid system:

EN 29 EN

(a) to show satisfactory compliance with pre-requisites 1 to 4 as set out in the

Annex;

(b) to commit to provide availability of secure governmental satellite services in

all Member States and to at least 95% of the population and over at least 90%

of the aggregate land area of each Member State no later than five years from

the date of commencement of the continuous provision of MSS;

(c) to commit to landing of traffic, which is generated using all services by end-

users located in the Union territory or routed to or from the Union, within the

Union territory;

(d) to demonstrate technical and financial capacity, and readiness for the

development, launching and operation of the proposed secure MSS/hybrid

system and provision of services by the date of commencement of the

continuous provision of MSS;

(e) to ensure a high level of security of the supply chain at least for the key

components of the secure MSS/hybrid system, which guarantees a reliable

provision of secure governmental communications services;

(f) to ensure that at least the key components of the secure MSS/hybrid system, as

specified in the call for applications, are manufactured in the EU and integrate

Union technologies;

(g) to ensure integration with existing and future capacities of IRIS2 secure

communications services, as set out in Regulation (EU) 2023/588, in particular

through the setting of a dedicated governmental network layer with the highest

degree of security, guaranteeing interconnection with IRIS2 ground

infrastructure and technologies;

(h) to commit to provide the capacity for back-up and complementary coverage as

well as for Direct-to-Device connectivity of the European Critical

Communication Systems established by Regulation (EU) [XXX] of the

European Parliament and of the Council establishing the European Critical

Communication Systems;

(i) to demonstrate security of operation, including by ensuring that for all data

generated and routed in the Union territory there will be no possibility for third

party intervention in the provision of secure governmental communication

services;

(j) to demonstrate that EU classified information (EUCI) and non-classified

sensitive information relating to the provision of secure governmental

communication services are effectively protected from unauthorised access.

2. The selection procedure shall be deemed complete after the first selection phase, if

only one admissible applicant is considered eligible. The Commission shall, by

means of implementing acts, adopt a reasoned decision on selecting that applicant for

the right of use of the 2 GHz MSS band for the secure MSS/hybrid system. Those

implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 22(3).

3. The Commission may decide not to assign the portion of the 2 GHz MSS band

referred to in Article 4(1) point (a) where it concludes that, despite fulfilling the

admissibility and eligibility requirements, none of the applicants has convincingly

demonstrated a high-level of capability for the deployment and operation of a secure

EN 30 EN

MSS/hybrid system. In such a case, the Commission may relaunch the selection

procedure for the secure MSS/hybrid system.

Article 8

Second selection phase for the secure MSS/hybrid system

1. The Commission shall rank eligible applicants for the right of use of the 2 GHz MSS

band for the secure MSS/hybrid system based on the following selection criteria,

which shall be further specified in the call for applications, including as regards their

weighing:

(a) population and geographic coverage in the Union within ten years from the

date of commencement of the continuous provision of MSS, comprising the

following sub-criteria:

(i) the degree of population coverage in the Union, based on the population

in residential or business areas, including high-latitude polar areas within

the Union territory, which is within the service area of the system;

(ii) the degree of geographical coverage in the Union, based on the aggregate

land area and on the exclusive economic zones and territorial waters of

all Member States, which is within the service area of the system;

(iii) the degree of geographical coverage outside the Union, based on the

service area of the system within territories of non-EU countries and high

seas;

(b) the schedule of availability of secure governmental communications services

across all Member States within ten years from the date of commencement of

the continuous provision of MSS.

(c) the extent to which the public policy objectives, integrity, security and

resilience of the services, are achieved;

(d) the capacity of an MSS system to be integrated in a hybrid system, and to

provide multiple orbit layers;

(e) the quality, suitability and robustness of integration with IRIS2, as specified in

the call for applications.

(f) the extent to which the secure MSS/hybrid system enables dual-use provision

of secure governmental and commercial communications services;

(g) Union added value, in accordance with the following sub-criteria;

(i) the extent to which the secure MSS/hybrid system reinforces the Union’s

industrial capabilities across the digital technology supply chain, inter

alia in terms of design, construction, launch and operation of the

satellites, including the software;

(ii) the level of integration of Union technologies, including the use of results

stemming from Union funded research and innovation programs.

(h) the scope of secure governmental communications services, including a

deployment path towards the provision of Direct-to-Device services;

(i) the discount offered for services to governmental users compared to

commercial users (discount rate).

EN 31 EN

(j) the level of efficient use of spectrum;

(k) the level of implementation of quantum secure communications;

(l) the amount of the one-off financial contribution for a paired block of 5 MHz.

2. After the second selection phase, the Commission shall, by way of implementing

acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting

the highest-ranking eligible applicant for the right of use of the 2 GHz MSS band for

the secure MSS/hybrid system. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 22(3).

3. The Commission may decide not to assign the portion of the 2 GHz MSS band

referred to in Article 4(1), point (a), where it concludes that, despite fulfilling the

admissibility and eligibility requirements, and the selection criteria, none of the

applicants has convincingly demonstrated a high-level of capability for the

deployment and operation of a secure MSS/hybrid system. In such a case, the

Commission may relaunch the selection procedure for the secure MSS/hybrid

system.

Article 9

Admissibility phase for commercial MSS systems of Union new entrants

1. The following admissibility requirements shall apply to Union new entrants for the

right of use of the 2 GHz MSS band for commercial MSS systems referred to in

Article 4(1), point (b):

(a) to be a legal entity, including a joint venture , established in a Member State

with its executive management established in the Union;

(b) to be directly or indirectly controlled only by the Union or one or more

Member States or by natural persons who have the nationality only of Member

States;

(c) not be subject to obligations under third country jurisdiction in relation to the

provision of MSS in the Union;

(d) to exercise full control over their corporate structure and decision-making

process in a manner that does not restrain or restrict in any way their ability to

perform and complete the obligations under this Regulation;

(e) not to contravene the security and defence interests of the Union and its

Member States as established in the framework of Common Foreign and

Security Policy pursuant to Title V of the Treaty on European Union;

(f) with respect to cybersecurity and data security, not be subject to the

jurisdiction of a third country requiring them to report information on software

or hardware vulnerabilities to authorities of that third country prior to those

vulnerabilities being known to have been exploited or not be subject to

jurisdiction of a third country against which there is a public statement on

behalf of the Union or any Member State that threat actors operating out of the

territory of that third country have carried out malicious cyber activities or

campaigns;

(g) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS

band and to take all necessary measures ensuring compliance of the proposed

commercial MSS system with the ITU Radio Regulations.

EN 32 EN

2. For each ITU filing with a notifying administration in a third country, applicants

shall provide evidence that the jurisdiction of that country provides for effective

management and dispute resolution of harmful interference and implements tools for

immediate accountability in case of unlawful use.

3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points

(a) to (f), shall apply to each member of the joint venture, whereas the requirement

set out in of paragraph 1, point (g) shall apply to at least one member of the joint

venture.

4. Applicants shall include statements and evidence concerning the requested number

of paired blocks of spectrum of 5 MHz or a part thereof in the 2 GHz MSS band and

its effective use.

5. Applicants shall specify the amount they commit to pay as one-off financial

contribution for the right of use of the 2 GHz MSS band per 5 MHz paired block or

part of it, which shall be equal to or higher than the amount specified in the call for

applications.

Article 10

Admissibility phase for commercial MSS systems of applicants from a Member State or

a third country

1. The following admissibility requirements shall apply to the applicants for the use of

the 2 GHz MSS band for commercial MSS systems, referred to in Article 4(1), point

c:

(a) to be established in the Union, or in the absence of such establishment, to

designate a single point of contact in the Union to enable them to communicate

directly, by electronic means, with Member States’ authorities, and the

Commission;

(b) to exercise full control over their corporate structure and decision-making

process in a manner that does not restrain or restrict in any way their ability to

perform and complete the obligations under this Regulation;

(c) where applicants are subject to the control of a third-country or a third-country

legal entity, it must be demonstrated that appropriate legal, technical and

organisational measures are implemented to prevent access by a third-country

or by a third-country entity to customer data;

(d) not to contravene the security and defence policies of the Union and its

Member States as established in the framework of Common Foreign and

Security Policy pursuant to Title V of the Treaty on European Union;

(e) with respect to cybersecurity and data security, not be subject to the

jurisdiction of a third country requiring them to report information on software

or hardware vulnerabilities to authorities of that third country prior to those

vulnerabilities being known to have been exploited or not be subject to

jurisdiction of a third country against which there is a public statement on

behalf of the Union or any Member State that threat actors operating out of the

territory of that third country have carried out malicious cyber activities or

campaigns;

EN 33 EN

(f) to be covered by one or more appropriate ITU filings related to the 2 GHz MSS

band and to take all necessary measures ensuring compliance of the proposed

commercial MSS system with the ITU Radio Regulations.

2. For each ITU filing with a notifying administration in a third country, applicants

shall provide evidence that the jurisdiction of that country provides for effective

management and dispute resolution of harmful interference and implements tools for

immediate accountability in case of unlawful use.

3. Where an applicant is a joint venture, the requirements set out in paragraph 1, points

(a) to (e), shall apply to each member of the joint venture, whereas the requirement

set out in of paragraph 1, point (f) shall apply to at least one member of the joint

venture.

4. Applicants shall include statements and evidence concerning the requested number

of paired blocks of spectrum of 5 MHz or a part thereof in the 2 GHz MSS band and

its effective use.

5. Applicants shall specify the amount they commit to pay as one-off financial

contribution for the right of use of the 2 GHz MSS band per 5 MHz paired block or

part of it, which shall be equal to or higher than the amount specified in the call for

applications.

Article 11

First selection phase for commercial MSS systems

1. The following eligibility requirements shall apply to applicants for the right of use of

the 2 GHz MSS band for commercial MSS systems referred to in Article 4(1), points

(b) and (c):

(a) to show satisfactory compliance with pre-requisites 1 to 4 as set out in the

Annex;

(b) to commit to provide services in all Member States and to at least 95 % of the

population and at least 90 % of the aggregate land area of each Member State

no later than five years from the date of commencement of the continuous

provision of MSS;

(c) to commit to landing of traffic, which is generated using all services by end-

users located in the Union territory or routed to or from the Union, within the

Union territory;

(d) to demonstrate technical and financial capacity, and readiness for the

development, launching and operation of the proposed commercial MSS

system and provision of MSS by the date of commencement of the continuous

provision of MSS;

(e) to ensure a high level of security of the supply chain at least for the key

components of the commercial MSS system as specified in the call for

application, which guarantee the reliable provision of MSS;

(f) to demonstrate security of operations, including by ensuring that, for all data

generated and routed in the Union territory:

(i) there is no possibility for a third party’s intervention in the provision of

the service;

EN 34 EN

(ii) sensitive information relating to the provision of the service is effectively

protected from unauthorised access;

(g) to demonstrate that the integrity, security and resilience of services are ensured

by EU-accountable entities;

(h) to ensure the efficient use of spectrum.

2. The selection procedure shall be completed after the first selection phase, if the total

amount of spectrum required by all eligible applicants does not exceed the amount of

spectrum available for commercial MSS systems under Article 4(1), points (b) and

(c). The Commission shall, by way of implementing acts, adopt a reasoned decision

on selecting those applicants for the right of use of the 2 GHz MSS band for

commercial MSS systems. Those implementing acts shall be adopted in accordance

with the examination procedure referred to in Article 22(3).

Article 12

Second selection phase for commercial MSS systems

1. The Commission shall rank eligible applicants for the rights of use of the 2 GHz

MSS band for commercial MSS systems referred to in of Article 4(1), points (b) and

(c) based on the following selection criteria, which shall be further specified in the

call for applications, including as regards their weighing:

(a) population and geographic coverage in the Union within ten years from the

date of commencement of the continuous provision of MSS, comprising the

following sub-criteria:

(i) the degree of population coverage in the Union, based on the population

in residential and business areas, including high-latitude polar areas

within the Union territory, which is within the service area of the system;

(ii) the degree of geographical coverage, based on the aggregate land area

and on the exclusive economic zones and territorial waters of all Member

States, which is within the service areas of the system;

(b) the schedule of availability of services across all Member States within ten

years from the date of commencement of the continuous provision of MSS;

(c) the extent to which the commercial MSS system enables dual-use provision of

secure governmental and commercial communications services;

(d) Union added value, in accordance with the following sub-criteria;

(i) the extent to which the commercial MSS system reinforces Union’s

industrial capabilities across the digital technology supply chain, inter

alia in terms of design, construction, launch and operation of the

satellites, including the software;

(ii) the level of integration of Union technologies, including the use of results

stemming from Union funded research and innovation programmes;

(iii) the extent to which the public policy objectives integrity, security and

resilience of the services are achieved;

(e) consumer and competitive benefits, in accordance with the following sub-

criteria:

EN 35 EN

(i) the schedule of the full-scale provision of services in the 2 GHz MSS

band, and the related number of end-users and/or devices served with

specific capabilities of the system in terms of quality of service;

(ii) the scope of services provided, including a deployment path towards

Direct-to-Device services;

(f) promotion of competition, including through the provision of wholesale access

under fair, reasonable and non-discriminatory terms and conditions, or of a

wholesale-only network;

(g) avoiding threats to competition, in particular due to the possible creation or

strengthening of a dominant position;

(h) efficient use of spectrum, in accordance with the following sub-criteria:

(i) the total amount of spectrum required;

(ii) capacity characteristics of aggregated data stream, antenna systems, types

of payloads, frequency reuse, orbit and satellites serving the Union;

(iii) the ability to share spectrum and/or to coexist efficiently with other users

within the 2 GHz MSS band;

(i) the extent to which public policy objectives, not covered under points (a), (e)

and (g) are achieved, in accordance with the following sub-criteria:

(i) provision of public interest services contributing to the protection of

health and safety of citizens in general or of specific groups of citizens;

(ii) ensuring interoperability and regular upgrade of the satellite system;

(iii) overall environmental impact of the system;

(j) the amount of the one-off financial contribution per MHz for the requested

right of use for the 2 GHz MSS band per paired block of 5 MHz or parts of it.

2. After the second selection phase, the Commission shall, by way of implementing

acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting

the highest-ranking applicants per paired block of 5 MHz, taking into account the

amount of spectrum available for commercial MSS systems under Article 4(1),

points (b) and (c). Those implementing acts shall be adopted in accordance with the

examination procedure referred to in Article 22(3).

EN 36 EN

CHAPTER III - UNION AUTHORISATION IN THE 2

GHz MSS BAND

Article 13

Union authorisation

1. The use of radio spectrum in the 2 GHz MSS band by the selected applicants shall be

subject to Union authorisation, granted by the Commission, subject to the conditions

laid down in Article 14(1) or Article 15(1) as applicable.

2. The authorisation referred to in paragraph 1 shall include a general authorisation for

the provision of MSS and the satellite networks providing MSS, including ground

stations and, where applicable, complementary ground and airborne components,

which shall only be subject to conditions, if any, specified in accordance with

paragraph 5.

3. The Union authorisation shall confer on the authorised undertaking the same rights

and obligations in each Member State without a need to separately notify to or seek a

separate authorisation from any Member State.

4. The general authorisation referred to in paragraph 2 shall confer on the authorised

undertaking the minimum rights derived from the general authorisation provided for

in Article 15 of Directive (EU) 2018/1972. Articles 18, and 19 of that Directive shall

apply mutatis mutandis to the general authorisation referred to in paragraph 2 with

regard to amendments, restrictions and withdrawal of rights and obligations [under

the general authorisation].

5. The Commission, taking into account any opinion of the Radio Spectrum Policy

Group (RSPG), shall, by means of implementing acts, impose the conditions attached

to the authorisation referred to in paragraph 2 from amongst the conditions listed in

Part A of Annex I to Directive (EU) 2018/1972 which shall include but not be

limited to:

(a) maintenance of integrity, security and resilience of the satellite networks and

satellite communications services;

(b) compliance with cybersecurity rules, including ICT supply chain requirements

pursuant to the Regulation (EU) [XXX] of the European Parliament and of the

Council on Cybersecurity Act 2;

(c) maintenance of permanent control over the transmission of all radio stations,

including ground stations and, where applicable, complementary ground and

airborne components, using the radio spectrum authorised under the Union

authorisation, even where they are owned, installed or operated by third parties

or not located within the Union;

(d) fulfilment of data retention and lawful interception obligations and obligations

related to electronic evidence in criminal procedings in accordance with

Regulation (EU) 2023/1543 of the European Parliament and the Council35. The

implementing act adopted pursuant to the first sub-paragraph shall set objective

35 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on

European Production Orders and European Preservation Orders for electronic evidence in criminal

proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191,

28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj

EN 37 EN

criteria for designating the obligations on data retention and lawful interception

and legal representatives in accordance with Directive (EU) 2023/1544 of the

European Parliament and of the Council36 which shall be set as condition to the

EU satellite authorisation.

Those implementing acts referred to in the first sub-paragraph shall be adopted in

accordance with the advisory procedure referred to in Article 22(2).

6. The authorisation referred to in paragraphs 1 and 2 shall not relieve its holder from

spectrum coordination and sharing obligations with respect to existing or future

satellite networks or satellite communications services in the Union, stemming from

the ITU Radio Regulations.

7. Where an authorised undertaking providing a commercial MSS system is different

from an incumbent, the authorised undertaking shall, upon request by an incumbent,

negotiate with the incumbent a solution for the temporary continuation of services

existing at the time of adoption of this proposal and described in the call for

applications for a maximum of [five] years following the date of authorisation. Such

a solution may include shared access to sufficient spectrum under the right of use of

the selected applicant. Upon negotiation to be conducted in good faith by both

parties, incumbents shall give access to their infrastructure or intellectual property

according to FRAND terms and may submit their dispute to arbitration in

compliance with Union law and with national law compliant with Union law in

compliance with Union law and with national law.

8. Any arbitration seat agreed between the parties for settling any dispute or claim

arising out of or in connection with this Regulation shall lie within the Union. This

shall be without prejudice to the right of the parties to submit any dispute arising

under this Regulation to the Commission. In such cases, the Commission shall act as

a dispute resolution authority and apply the procedure of Article 26 of Directive (EU)

2018/1972 mutatis mutandis.

Article 14

Conditions for use of the 2 GHz MSS band for the provision of the secure MSS/hybrid

system

1. The holder of the authorisation for the secure MSS/hybrid system, granted under

Article 13(1) as Union authorisation, shall be subject to the following conditions:

(a) to use the spectrum primarily for the provision of a secure MSS or hybrid

system;

(b) to pay a one-off financial contribution as proposed in its application and annual

fees for its rights of use of the 2 GHz MSS band;

(c) to provide secure governmental communications services on fair, reasonable

and non-discriminatory terms and conditions in all Member States to:

(i) a Union or Member State public authority or a body entrusted with the

exercise of public authority;

36 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down

harmonised rules on the designation of designated establishments and the appointment of legal

representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191,

28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj

EN 38 EN

(ii) a natural or legal person acting on behalf and under the control of an

entity referred to in point (i);

(d) where relevant, to use the available capacity, not used for the full-scale

provision of secure governmental communications services, for the provision

of commercial MSS services upon demand in accordance with paragraph 2 on

the basis of a pre-defined prioritisation process;

(e) to accept to work on behalf of, or under the control of, the Union or a Member

State’s public authority or a body entrusted with exercising a public authority,

in accordance with Union law;

(f) to ensure the integration of the secure MSS/hybrid system with the IRIS2

system architecture, in accordance with the specifications of Regulation (EU)

2023/588 and the call for applications;

(g) to use the spectrum efficiently while meeting the requirements set out in

Articles 7 and 8 as well as milestones 5 and 6 set out in the Annex within the

timeframe specified in the application;

(h) to use the rights of use in a manner that is consistent with the Union’s policies

relying on spectrum, by not causing harmful interference to any satellite system

authorised in the Union or financed under Union’s programmes;

(i) to honour any commitments given in its application or during the comparative

selection procedure, irrespective of its phase, for the whole duration of the right

of use of spectrum;

(j) to exploit activities comprising the operation, maintenance, continuous

improvement and protection of the satellite and terrestrial infrastructure,

including replenishment and lifecycle management of critical technologies and

components;

(k) to implement measures to ensure the protection of EU Classified Information

(EUCI) under Article 43 of Regulation (EU) 2021/696;

(l) to provide the Commission and the Communications Committee with an

annual report detailing the status of development of their proposed system.

2. The holder of the right of use for the secure MSS/hybrid systems shall always

prioritise the provision of secure governmental communications services over the

provision of commercial MSS.

If the holder of the right of use for the secure MSS/hybrid system also obtains a right

of use for a commercial MSS system in accordance with Article 4(4), that holder

may use the spectrum under both rights in a shared manner for both systems, while

preserving unconditional priority of provision of secure governmental

communications services.

The provision of commercial MSS shall not be to the detriment of the quality and

security of the secure governmental communications services.

3. The Commission may withdraw the right of use of spectrum in accordance with

Article 19(3), where the Commission establishes that the spectrum is not efficiently

used after a period of five years from the date on which the Union authorisation was

granted. Efficient use of spectrum in the 2 GHz MSS band shall be defined by the

Commission in detailed arrangements for monitoring set out in accordance with

Article 19(1).

EN 39 EN

Article 15

Conditions for use of the 2 GHz MSS band for the provision of commercial MSS systems

1. The holder of the authorisation for a commercial MSS system, granted under Article

13(1), shall be subject to the following conditions:

(a) to use of the spectrum exclusively for the provision of an MSS system.

(b) to ensure that the space-based component of an MSS system carries the

predominant portion of the total data traffic;

(c) to use the spectrum efficiently while meeting the requirements set out in

Articles 10 and 11 as well as milestones 5 and 6 set out in the Annex within the

timeframe specified in the application;

(d) to use the right in a manner that is consistent with the Union’s policies relying

on spectrum, especially by avoiding to risk causing or to cause: harmful

interference to any satellite system authorised in the Union or financed under

Union’s programmes, and granting access to the 2 GHz MSS band under this

right at the request of a competent authority at times of crises, on the basis of a

pre-defined prioritisation process;

(e) to honour any commitments given in their applications or during the

comparative selection procedure, irrespective of its phase, for the whole

duration of the right of use of spectrum;

(f) to pay a one-off financial contribution as proposed in its application, and

annual fees for its rights of use of the 2 GHz MSS band ;

(g) to grant, upon request, wholesale access, under objectively justified, non-

discriminatory, proportionate and transparent conditions;

(h) not to conclude exclusive agreements with providers of retail services, where

the selected undertaking supplies more than 50% of the wholesale or retail

mobile satellite services in a given Member State;

(i) to provide to the Commission and the Committee of an annual report detailing

the status of development of their proposed system.

2. The Commission may withdraw the right of use of spectrum in accordance with

Article 19(3), where the Commission establishes that the spectrum is not efficiently

used after a period of five years from date on which the Union authorisation was

granted. Efficient use of paired blocks of 5 MHz in the 2 GHz MSS band shall be

defined by the Commission in the detailed arrangements for monitoring set out in

accordance with Article 19(1).

Article 16

Duration and renewal of rights of use

1. The duration of the right of use of the 2 GHz MSS band shall be determined by the

Commission in accordance with Articles 14(1) and 15(1). The duration shall be

20 years.

2. The selected undertakings, as well as any legal successor, shall fulfil the

admissibility and eligibility criteria and the authorisation conditions throughout the

entire duration of the right of use.

EN 40 EN

3. The right of use of 2 GHz MSS band shall be renewed once for a similar duration

and with similar conditions upon request by its holder.

4. The Commission may decide, at least five years before the expiry of the right of use,

not to renew the right of use but let it expire. Before that expiry and in order to

ensure continuity of the service, the Commission shall organise an open, transparent

and non-discriminatory selection and authorisation procedure in order to grant new

rights, or to renew the existing rights subject to a different duration or to different

conditions for one or several of the following reasons:

(a) the fulfilment of public policy objectives under Union law or national law,

taking also into account the importance of existing investments;

(b) the implementation of a new technical implementing measure adopted in

accordance with Article 4 of Decision No 676/2002/EC;

(c) the non-implementation of one of the conditions attached to the right of use

concerned by its holder;

(d) the need to promote, or avoid any distortion of, competition;

(e) the need to render the use of radio spectrum more efficient in light of

technological or market evolution;

(f) the significant evolution of the value of the spectrum.

5. The decision of renewal shall be accompanied by a review of the annual fees and

one-off financial contributions for the use of the 2 GHz MSS band.

Article 17

Transfer and lease of rights of use

1. The rights of use for commercial MSS systems may be transferred only to

undertakings which fulfil the admissibility and eligibility criteria and the

authorisation conditions.

2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred.

3. The holder of rights of use for commercial MSS systems shall notify its intention to

transfer or lease any of the rights of use of blocks of the 2 GHz MSS band, as well as

the effective date and the conditions thereof, to the Commission which shall make

that information public.

4. The Commission shall take a decision to authorise the transfer or lease of rights of

use for a commercial mobile satellite system, except where:

(a) there is a risk of distortion of competition;

(b) there is a risk that the new user is unable to meet the admissibility and

eligibility criteria or the authorisation conditions or the commitments given by

the original holder of the right of use during the selection procedure;

(c) there is a risk for the Union’s sovereignty, resilience, security or defence;

(d) there is a significant risk of disruption of continuity of service or of inefficient

use of spectrum.

(e) the spectrum cap of Article 4(3) is already attained.

EN 41 EN

5. From the date of the transfer or lease, the transferee or lessee shall be bound by the

original conditions attached to the right of use, and the commitments given by the

original holder of the right of use during the selection procedure. The right of use

shall not be used for the provision of a service to end-users which is different than

the service originally intended in the application, unless authorised by the

Commission.

6. Any agreement implying change of control of a selected undertaking shall be notified

to the Commission prior to taking legal effect and shall be subject to the approval of

the Commission. The Commission shall withdraw the right of use, where, as a

consequence of the change of control any of the requirements or criteria of Articles 6

to 12, as applicable, are no longer fulfilled.

Article 18

Contributions and fees for rights of use of the 2 GHz MSS band

1. A holder of a right of use of the 2 GHz MSS band shall pay an one-off financial

contribution reflecting the value of the right for the applicant and ensuring the

efficient allocation of the spectrum. The proposed amount of the contribution must

be specified in the application. Upon request, the Commission may allow that the

payment of the one-off financial contribution is made in instalments.

2. The Commission shall determine the minimal level of the one-off financial

contribution, in order to ensure the efficient allocation of the 2 GHz MSS band as

well as the effective investment and deployment of mobile satellite systems and

services. Applicants shall take into account this minimum level in their applications.

The minimum level of the one-off contribution may be different for commercial

MSS systems and for the secure MSS hybrid system.

3. The Commission shall collect the one-off financial contributions by a decision that

may be addressed to the selected applicants. The total amount of all one-off financial

contributions shall be allocated to support the objectives of digital leadership under

the Regulation (EU) [ref] establishing the European Competitiveness Fund[footnote], or

its successors. The one-off financial contribution shall constitute external assigned

revenue in accordance with Article [5(1)] of Regulation (EU) [XXX] of the

European Parliament and of the Council establishing the European Competitiveness

Fund and Article 21(5) of Regulation (EU, Euratom) 2024/250937.

4. All holders of rights of use of the 2 GHz MSS band shall pay an annual fee. The

Commission shall set the annual fees per spectrum block or parts thereof to reflect

the actual value of the right of use to contribute to the efficient use of the 2 GHz

MSS band. Annual fees shall cover at least the costs related to management, control

and enforcement of the general authorisation and the spectrum procedures and

authorisation measures at Union level, including the cost of authorisation conditions,

monitoring and compliance as well as including costs sustained by any Union body

supporting the Commission in spectrum management.

5. The Commission or any Union body supporting the Commission in spectrum

management shall collect the annual fees as set out by one or more decisions that

may be addressed to the selected holders. The revenues generated by the annual fees

37 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September

2024 on the financial rules applicable to the general budget of the Union, OJ L, 2024/2509, ELI:

http://data.europa.eu/eli/reg/2024/2509/oj

EN 42 EN

shall constitute external assigned revenue in accordance with Article 21(5) of

Regulation (EU, Euratom) 2024/2509. Those revenues shall be assigned to cover the

estimated administrative costs related to management, control and enforcement of the

general authorisation and to the spectrum procedures and authorisation measures at

Union level, including monitoring and compliance. Any revenue remaining after

covering these costs shall be assigned to the Union bugdet.

6. By [12 month after the date of entry into force of this Regulation] the Commission

shall, by a delegated act, determine the methodology for setting the minimum levels

of the one-off financial contribution and the amount of annual fees, as well as other

relevant details related to the establishment, collection, review, assignment and, if

needed, management of funds. The delegated act shall also specify the precise Union

budgetary treatment of the revenue and its type of assignment to a particular

expenditure.

7. The Commission shall, by way of implementing acts, determine the level of annual

fee and the minimum levels of the one-off financial contribution taking into account

the metodology refered to in paragraph 6. Those implementing acts shall be adopted

in accordance with the procedure referred in Article 22(3).

Article 19

Monitoring and enforcement

1. The Commission and the Member States, [collaborating within the Committee and

the RSPG] shall monitor the compliance of holders of Union authorisation for rights

of use of 2 GHz MSS band with the relevant conditions pursuant to Article 13(5),

Article 14(1) and Article 15(1) as well as Union law and the applicable ITU Radio

Regulations, and shall take appropriate measures to address any non-compliance.

The Commission shall, by way of implementing acts, establish detailed arrangements

for the coordinated monitoring and enforcement of the Union authorisations for the

2 GHz MSS band. Those implementing acts shall be adopted in accordance with the

advisory procedure referred to in Article 22(2).

2. The Commission shall examine any alleged specific breach of a condition to a Union

authorisation or any provision of this Regulation. The RSPG shall assist the

Commission in the examination thereof.

Where a national competent authority is of the opinion that a Union authorisation

holder fails to comply with any spectrum authorisation condition or with any

provision of this Regulation, it shall bring the matter to the attention of the

Commission and of the RSPG.

Where the Commission finds that a holder of a Union authorisation does not comply

with any condition laid down in Article 13(5), Article 14(1) or Article 15(1), it shall

inform that entity of its findings.

3. In case of breach of the conditions of Articles 14 or 15 of this Regulation, or any

other provision of this Regulation, the Commission shall, by way of implementing

acts, adopt appropriate and proportionate corrective measures. Those corrective

measures may include, in particular:

(a) temporary or permanent prohibition of using of certain blocks of the 2 GHz

MSS band for satellite complementary ground and airborne components in the

Union;

EN 43 EN

(b) suspension or withdrawal of the Union authorisation.

The Commission may withdraw the Union authorisation where it establishes that one

or more conditions listed in Articles 14(1) and Article 15(1) are not complied with in

a serious or persistent manner. In the event of the withdrawal of a Union

authorisation, the Commission may allow the use of the spectrum by any other

selected applicant on a temporary basis. The Commission shall launch a new

selection procedure in accordance with Article 3 of this Regulation for the

reassignment of the radio spectrum subject to withdrawal of Union authorisation.

The implementing acts referred to in the first sub-paragraph shall be adopted in

accordance with the examination procedure referred to in Article 22(3).

4. The Commission may impose fines or periodic penalty payments on undertakings for

breaches of authorisation conditions or provisions of this Regulation, except from the

conditions provided in Article 14(1) point (b) and 15(1) point (f.) Those fines or

periodic penalties shall be set taking into account the gravity and the duration of the

breach and shall not exceed 5% of total worldwide turnover of the authorisation

holder in the preceding financial year. Fines shall be governed in accordance with

Articles 107 and 108 of Regulation (EU, Euratom) 2024/2509.

Any measure decided by the Commission, pursuant to paragraph 1 and 2, shall be

enforced by the national competent authorities to its full extent and within the

deadline set by the Commission.

5. Notwithstanding paragraphs 1 to 4 of this Article, where radio spectrum fees and

contributions have not been paid, and in the case of non-compliance with conditions

set out in Article 13(2) and 13(5) of this Regulation, the procedure set out in Article

30 of Directive (EU) 2018/1972 shall apply mutatis mutandis.

EN 44 EN

CHAPTER IV - FINAL PROVISIONS

Article 20

Transitory provisions

1. The duration of the existing rights of use granted in accordance with Decision

2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for

a period of two years, under the authorisation conditions applicable at the date of

entry into force of this Regulation. This extension benefits the incumbents and is

provided only to ensure the continuity of the services provided for at least five years

before the entry into force of this Regulation. To benefit of such an extension, during

this extension period the rights shall not be transferred, nor leased or sub-leased. For

the purpose of coordinated application of the rules on monitoring and enforcement,

Commission Decision 2011/667 of 10 October 201138 continues to apply.

2. During the extension period, the Commission may take a decision to impose sharing

conditions for testing and experimental use within the band, in accordance with the

advisory procedure referred to in Article 22(2).

Article 21

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 5(7) and Article 18(6) shall

be conferred on the Commission for an indeterminate period of time from [date of

entry into force of this Regulation].

3. The delegation of power referred to in Article 5(7) and Article 18(6) may be revoked

at any time by the European Parliament or by the Council. A decision to revoke shall

put an end to the delegation of the power specified in that decision. It shall take

effect the day following the publication of the decision in the Official Journal of the

European Union or at a later date specified therein. It shall not affect the validity of

any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by

each Member State in accordance with principles laid down in the Interinstitutional

Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to

the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 5(7) and Article 18(6) shall enter into

force only if no objection has been expressed either by the European Parliament or

by the Council within a period of two months of notification of that act to the

European Parliament and the Council or if, before the expiry of that period, the

European Parliament and the Council have both informed the Commission that they

38 Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on

enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No

626/2008/EC of the European Parliament and of the Council, OJ L 265, 11.10.2011, pp. 25, ELI:

http://data.europa.eu/eli/dec/2011/667/oj

EN 45 EN

will not object. That period shall be extended by two months at the initiative of the

European Parliament or of the Council.

Article 22

Committee procedure

1. The Commission shall be assisted by the committee (‘Communications Committee’)

set up by Article 118 of Directive (EU) 2018/1972. This is within the meaning of

Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU)

No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU)

No 182/2011 shall apply.

Article 23

Repeal

Decision No 626/2008/EC is repealed from [the day of ].

Article 24

Entry into force

This Regulation shall enter into force on the third day following that of its publication in

the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

EN 46 EN

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ............................................... 39

1.1. Title of the proposal/initiative .................................................................................... 39

1.2. Policy area(s) concerned ............................................................................................ 39

1.3. Objective(s) ................................................................................................................ 39

1.3.1. General objective(s) ................................................................................................... 39

1.3.2. Specific objective(s) ................................................................................................... 39

1.3.3. Expected result(s) and impact .................................................................................... 39

1.3.4. Indicators of performance .......................................................................................... 40

1.4. The proposal/initiative relates to: ............................................................................... 40

1.5. Grounds for the proposal/initiative ............................................................................ 41

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative .......................................................... 41

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section 'added value of EU involvement' is the value resulting

from EU action, that is additional to the value that would have been otherwise

created by Member States alone. ............................................................................... 41

1.5.3. Lessons learned from similar experiences in the past ................................................ 42

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments ..................................................................................... 42

1.5.5. Assessment of the different available financing options, including scope for

redeployment .............................................................................................................. 43

1.6. Duration of the proposal/initiative and of its financial impact .................................. 43

1.7. Method(s) of budget implementation planned ........................................................... 43

2. MANAGEMENT MEASURES................................................................................. 45

2.1. Monitoring and reporting rules .................................................................................. 45

2.2. Management and control system(s) ........................................................................... 45

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed ................ 45

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them.......................................................................................................... 46

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure) ......................................... 46

2.3. Measures to prevent fraud and irregularities .............................................................. 46

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 47

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)

affected ....................................................................................................................... 47

EN 47 EN

3.2. Estimated financial impact of the proposal on appropriations ................................... 48

3.2.1. Summary of estimated impact on operational appropriations.................................... 48

3.2.1.1. Appropriations from voted budget ............................................................................. 48

3.2.3. Summary of estimated impact on administrative appropriations ............................... 51

3.2.3.1. Appropriations from voted budget .............................................................................. 51

3.2.4. Estimated requirements of human resources.............................................................. 51

3.2.4.1. Financed from voted budget....................................................................................... 51

3.2.5. Overview of estimated impact on digital technology-related investments ................ 53

3.2.6. Compatibility with the current multiannual financial framework.............................. 54

3.2.7. Third-party contributions ........................................................................................... 54

3.2.8. Estimated human resources and the use of appropriations required in a decentralised

agency ........................................................................................................................ 54

3.3. Estimated impact on revenue ..................................................................................... 55

4. DIGITAL DIMENSIONS .......................................................................................... 56

4.1. Requirements of digital relevance .............................................................................. 56

4.2. Data ............................................................................................................................ 59

4.3. Data flows .................................................................................................................. 61

4.4. Digital solutions ......................................................................................................... 65

4.5. Interoperability assessment ........................................................................................ 65

4.6. Measures to support digital implementation .............................................................. 66

EN 48 EN

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Regulation of the European Parliament and of the Council on the procedure for

authorisation of systems providing mobile satellite services (MSS) using the

harmonised 2 GHz frequency band and repealing Decision No 626/2008/EC

1.2. Policy area(s) concerned

Radio Spectrum Policy

1.3. Objective(s)

1.3.1. General objective(s)

Ensuring high-quality, reliable and resilient connectivity for all, including in rural

and remote areas, is essential for the EU to maintain its competitive edge and social

standards. Achieving this requires reducing technological dependencies across the

value chain. This main objective of the proposed intervention is deeply rooted in the

main findings of the Draghi, Letta and Niinistö reports.

The EU's Digital Decade Policy Programme 2030 and AI Continent Strategy

emphasize developing advanced digital network infrastructure to boost

competitiveness and innovation in the European industry and digital economy. This

infrastructural development is linked to improving market competitiveness, and it

involves eliminating obstacles and creating a fair regulatory environment

and facilitate cross-border services.

1.3.2. Specific objective(s)

Specific objective No 1

Support the deployment of satellite pan-European networks and innovative services

in the MSS band.

This initiative aims to establish pan-European satellite authorisations in the MSS

ensuring a unified framework for the selection of licensees, spectrum assignment and

enforcement, thereby eliminating fragmentation and regulatory uncertainty. This will

allow to fully exploit the Single Market, improve connectivity by promoting

innovation, scale, and fair competition across the value chain, in the space sector, and

ultimatelly, enhance EU industrial and scientific capabilities.

Specific objective No 2

Ensure Strategic and Secure Utilization of Mobile Satellite Spectrum and Services

Considering the evolving geopolitical context and security requirements with the

global proliferation of satellite systems, there is a need to ensure that the selection of

satellite operators entitled to use the limited spectrum resource allocated to mobile

satellite services in the Union is done in a strategic and effective way. To improve

Union´s governmental satcom capacities, the selection process must safeguard the

EU's interests concerning security, resilience, technological leadership, and digital

sovereignty, while also supporting the EU's space policy aimed at fostering

innovative and secure connectivity, EU ecomonic security and global competitivness.

EN 49 EN

1.3.3. Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the

beneficiaries/groups targeted.

Satellite operators: Benefit form effective solutions to harmful interference issues

(ensures all players play by the rules thanks to the coordinated enforcement of

satellite rules).Other benefits: faster market entry and ECN/ECS deployment,

avoiding a reduction of revenues due to delays, greater consistency of regulatory

conditions, innovative cross-border services e.g. B2B also New Space SMEs.

Savings also linked to complying with one single set of authorisation conditions and

limited loss of revenues due to possible delays in spectrum authorisation. Overall a

digital single market for satellite could reduce costs by an estimated 60-80%, saving

the operator at least EUR 10-15 million per year.

Consumers: Increased Consumer Surplus due to timely availability of New Space

innovative services, reduced coverage gaps and reduced legal uncertainty (e.g. one-

month EU-wide service interruption estimated to reduce consumer surplus in the

order of tens of millions EUR, depending on service substitutability and affected user

base). Improved benefits from pan-European D2D services, better capacity to

communicate in case of major disasters and in case of emergency situations in

underserved areas. More secure networks.

Administrations: Savings in a context of stable number of mobile satellite

authorisation requests and would experience a net reduction of costs.

Governmental users will have access to improved capacities of secure and sovereign

D2D systems to carry out their operations.

1.3.4. Indicators of performance

Specify the indicators for monitoring progress and achievements.

Objective 1: Support the depolyment of satellite pan-European networks and

innovative services in the MSS band

Number of providers using the cross-border general authorisation regime

Number of new EU mobile satellite authorisation licensees

Time to complete satellite authorisation requirements

Number of enforcement procedures successful in ending interference issues

Number of interference issues in the EU which have been timely and effectively

addressed

Indicator: Average length of solving space interference complains in the EU

Objective 2: Ensure Strategic and Secure Utilization of Satellite Spectrum and

Service

Number of Dual-use capabilities (civil-security synergy)

Interoperability with IRIS² framework

Number of critical space and ground components sourced from EU-based suppliers

Number of system components free from high-risk third-country dependencies

EN 50 EN

1.4. The proposal/initiative relates to:

a new action

a new action following a pilot project / preparatory action39

the extension of an existing action

a merger or redirection of one or more actions towards another/a new action

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

The entry into force of the Regulation will be immediately after the publication in the

Official Journal.

Selection process

A comparative selection process shall be organised by the Commission assisted by

the Communications Committee, the Commission shall adopt the call for

applications by an implementing act. The Commission may request applicants to

supply additional information regarding the fulfilment of admissibility requirements

within a specific time frame of between five and 20 working days. Within 40

working days following publication of admissibility requirements, the first selection

phase shall begin, in which the Commission shall assess whether applicants have

demonstrated the required level of technical and commercial development of their

respective mobile satellite systems.

If the selection procedure does not conclude in the first selectin phase due to too high

spectrum demand , the Commission shall carry out the second selection phase, and

on the basis of the report of the panel of external experts, if applicable, adopt a

decision on the selection of eligible applicants taking into account their rank and

available amount of 2 GHz MSS spectrum.

Union authorisation of the 2GHz MSS band

Within 12 months after the adoption of this legal instrument, the Commission will

determine the amount of fees to be paid for the use of the 2GHz MSS band, based

methodology adopted by a delegated act.

1.5.2. Added value of EU involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this section 'added value of EU involvement' is the value resulting

from EU action, that is additional to the value that would have been otherwise

created by Member States alone.

Reasons for action at EU level (ex-ante)

Strengthening European competitiveness depends on the availability of fast, secure

and resilient digital infrastructure. The satellite connectivity landscape is evolving

rapidly, driven by the convergence of terrestrial and satellite networks, increasing

virtualisation, and the integration of artificial intelligence into network management

and service delivery. In this dynamic environment, fragmented national approaches

risk generating inconsistent regulatory conditions and burdensome administrative

procedures, potentially deterring investment, slowing innovation, and undermining

39 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.

EN 51 EN

the proper functioning of the Single Market. Past experience under Decision No

626/2008/EC demonstrated that divergent national authorisation practices and delays

in implementation led to slower market uptake of mobile satellite services depriving

European consumes from accessing innovative services. Given the inherently cross-

border nature of satellite communications and the strategic importance of secure

connectivity, action at Union level is necessary to establish a harmonised legal

framework for mobile satellite communications, reduce administrative complexity,

and ensure that emerging challenges are addressed in a coherent, efficient and timely

manner across the EU.

Expected generated EU added value (ex-post)

EU action is expected to generate clear added value beyond what Member States

could achieve individually. Acting at Union level would:

-Provide legal certainty and regulatory harmonisation across the EU, preventing

fragmented national rules that could constrain cross-border services and limit the full

potential of the Single Market.

-Accelerate the deployment of pan-European satellite networks by streamlining and

aligning administrative procedures, thereby reducing regulatory complexity and

time-to-market.

-Enhance overall effectiveness and efficiency by addressing common challenges at

Union scale, rather than through uncoordinated national measures that risk

duplication or inconsistency.

Taken all together, EU-level intervention is expected to deliver faster, more coherent

and more cost-effective outcomes, generating benefits that would not materialise if

Member States were to act independently.

1.5.3. Lessons learned from similar experiences in the past

The proposal is part of the DNA package and is informed by the practical experience

in the implementation of the rules for the electronic communications sector and the

MSS Decision No 626/2008 as detailed in the Staff Working Document

accompanying the DNA Impact Assessment (Annex 11 - Evaluation of European

Electronic Communications Code (EECC), BEREC Regulation, Radio Spectrum

Policy Program (RSPP). The evaluation report of the current legal framework

identifies a series of specific shortcomings in satellite authorisations and its

monitoring. The proposal builds also on extensive stakeholder consultation according

to the stakeholder consultation strategy as summarised in Annex 2 to the Staff

Working Document and on the results of the targeted consultation on MSS

conducted in June 2025.

1.5.4. Compatibility with the multiannual financial framework and possible synergies with

other appropriate instruments

The proposal is compatible with the multiannual financial framework since the

updated rules ensure the continuation of the regulatory framework for the electronic

communications market and the continuous availability of the 2 GHz MSS band for

MSS systems in the EU. It also supports the deployment Union´s Infrastructure for

Resilience, Interconnectivity and Security by satellite (IRIS²) designed to provide

secure, resilient and high-performance communications services for the Union and its

Member States, while also enabling commercial broadband services.

EN 52 EN

The proposal would build upon, and ensure coordination with, the structures and

mechanisms developed in the context of the Digital Networks Act (DNA) proposal

SEC (2026) 14 Final, notably it will generate additional revenues to support the

proper functioning of its modernised and decentralised agency, the Office for Digital

Networks (ODN).

The proposal is also compatible with currently negotiated proposal for a regulation

on the safety, resilience and sustainability of space activities in the Union

(SEC(2025) 335 final (Space Act) and Digital Omnibus proposal (proposal amending

Regulations (EU) 2016/679, (EU) 2018/1724, (EU) 2018/1725, (EU) 2023/2854 and

Directives 2002/58/EC, (EU) 2022/2555 and (EU) 2022/2557 as regards the

simplification of the digital legislative framework, and repealing Regulations (EU)

2018/1807, (EU) 2019/1150, (EU) 2022/868, and Directive (EU) 2019/1024.

1.5.5. Assessment of the different available financing options, including scope for

redeployment

The management of the action areas assigned to the Commission remains aligned

with its mandate, but the growing scope of satellite-related measures will require

additional expertise. The increasing technical and operational complexity of satellite-

related selection and authorisation procedures, including oversight and coordinated

enforcement of ITU principles, demands specialists with advanced knowledge of

spectrum management, monitoring technologies, satellites and international

coordination mechanisms. New responsibilities reinforced economic, technical and

regulatory capacities. In addition, expertise in authorisation schemes and related

procedures and rules including in national security will be required. Overall, the

scale, sensitivity, and cross-border nature of these new satellite communications

tasks necessitate the recruitment of dedicated experts to ensure effective

implementation and coherence across the Union.

Synergies will also be developed with internal technical structures of the Member

States, particularly on the monitoring of MSS satellite authorisations.

1.6. DURATION OF THE PROPOSAL/INITIATIVE AND OF ITS FINANCIAL IMPACT

limited duration

–  in effect from [DD/MM]YYYY to [DD/MM]YYYY

–  financial impact from YYYY to YYYY for commitment appropriations and

from YYYY to YYYY for payment appropriations.

unlimited duration

– Implementation with a start-up period from YYYY to YYYY,

– followed by full-scale operation.

1.7. METHOD(S) OF BUDGET IMPLEMENTATION PLANNED

Direct management by the Commission

–  by its departments, including by its staff in the Union delegations;

–  by the executive agencies

Shared management with the Member States

EN 53 EN

Indirect management by entrusting budget implementation tasks to:

–  third countries or the bodies they have designated

–  international organisations and their agencies (to be specified)

–  the European Investment Bank and the European Investment Fund

–  bodies referred to in Articles 70 and 71 of the Financial Regulation

–  public law bodies

–  bodies governed by private law with a public service mission to the extent that they

are provided with adequate financial guarantees

–  bodies governed by the private law of a Member State that are entrusted with the

implementation of a public-private partnership and that are provided with adequate financial

guarantees

–  bodies or persons entrusted with the implementation of specific actions in the

common foreign and security policy pursuant to Title V of the Treaty on European Union, and

identified in the relevant basic act

–  bodies established in a Member State, governed by the private law of a Member

State or Union law and eligible to be entrusted, in accordance with sector-specific rules, with

the implementation of Union funds or budgetary guarantees, to the extent that such bodies are

controlled by public law bodies or by bodies governed by private law with a public service

mission, and are provided with adequate financial guarantees in the form of joint and several

liability by the controlling bodies or equivalent financial guarantees and which may be, for

each action, limited to the maximum amount of the Union support.

Comments

For the Commission direct management is foreseen and in case of the new Office for

Digital Networks it will contribute to the MSS Regulation implementation once it

will be established by the DNA, the budget implementation method is indirect

management according to the Articles 70 of the Financial Regulation.

EN 54 EN

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

To support a consistent implementation and effective monitoring of the Regulation ,

the Commission should, together with the Member States, take appropriate measures

with a view to ensuring effective monitoring and enforcement of the Union

authorisations. Monitoring arrangements will be adopted by means of implementing

acts to evaluate the provision of services and efficient use of spectrum and should

rely both on national capacities and the cooperation with the European Space

Agency.

Union authorisation conditions for the provision of secure and commercial MSS

systems include the submission of an annual report to the Commission and the

Committee, which details detailing the status of development of these systems.

2.2. Management and control system(s)

2.2.1. Justification of the budget implementation method(s), the funding implementation

mechanism(s), the payment modalities and the control strategy proposed

TheRegulation establishes a new policy framework for harmonised rules governing

the provision of mobile satellite services in the 2 GHz MSS band, while supporting

the Union’s policy objectives of security and resilience, and industrial

competitiveness. The MSS Regulation aims to simplify and improve coordination of

the MSS regulatory framework, enabling providers to operate and innovate more

effectively in the Single Market. These objectives necessitate reinforced EU-level

coordination and operational capacity, which in turn require targeted and

proportionate budgetary resources.

The MSS Regulation and DNA rules require a strengthened consistency mechanism

for the cross-border application of obligations. This necessitates an enhanced

governance of electronic communications in the Union able to provide

administrative, technical and analytical support to national regulatory authorities and

EU institutions, with the objective of ensuring uniform application of Union law and

alignment with EU-level policy objectives.

In order to carry out the new MSS tasks, additional human resources are required.

The implementation and enforcement of the MSS Regulation is estimated to require

5 additional FTEs for the Commission and once the Office for Digital Networks

(ODN) will be established by the DNA it will also benefit from the additional

support from the ODN, e.g. for the collection of annual fees. These annual fees will

also finance the increased cost of the ODN (see DNA LFDS). The proposed staffing

levels are directly linked to the volume and complexity of the new responsibilities

and reflect the most cost-efficient option, avoiding duplication at national level and

reducing administrative burden for market participants.

Payments will follow standard EU budgetary procedures, including commitments

and payments made on an annual basis, in accordance with the Financial Regulation

and within the ceilings of the applicable Multiannual Financial Framework supported

by the annual contributions from the fees covering the costs from the additional tasks

including long term costs. Expenditure will be subject to the Commission’s internal

control framework, including ex ante checks, ex post audits, performance monitoring

EN 55 EN

and reporting. This control strategy ensures sound financial management, legality

and regularity of expenditure, and effective use of Union funds.

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

The fees to be collected from undertakings as proposed by this initiative will be

initially collected by the Commission while the collection of fees function might be

transferred to the ODN once it will be established by the DNA. The DNA provisions

on the governance provide a comprehensive organisational, financial and

accountability framework for the ODN as a Union body supporting both BEREC and

the RSPB. The DNA sets out the ODN’s tasks, governance structure, programming,

budgetary and staffing rules, and ensures transparency, sound financial management

and effective oversight, including anti-fraud, audit and evaluation mechanisms.

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between

the control costs and the value of the related funds managed), and assessment of the

expected levels of risk of error (at payment & at closure)

For the meeting expenditure regarding the Communications Committee (COCOM)

and the Radio Spectrum Policy Group. Given the low value per transaction (e.g.

refunding travel costs for a delegate for a meeting, catering costs), standard control

procedures seem sufficient.

The costs of RSPB which will substitute based on the DNA proposal the current

RSPG (and its sub-groups) will be taken over by the ODN, which will provide

administrative support to the RSPB. Regarding the operative and operational costs of

the ODN an internal control system is in place according to organisational, financial

and accountability framework of DNA (Part VII Governance).

2.3. Measures to prevent fraud and irregularities

The existing fraud prevention measures applicable to the Commission will cover the

additional appropriations necessary for this Regulation.

EN 56 EN

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

This LFDS and in particular its section 3.3 on impacts on revenues is to be read in

combination and as a complement to the DNA LFDS.

3.1. Heading(s) of the multiannual financial framework and expenditure budget

line(s) affected

• Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of

multiannual financial

framework

Budget line Type of

expenditure Contribution

Number

Diff./Non-

diff 40

from

EFTA

countries 41

from

candidate

countries

and

potential

candidates 42

From

other

third

countries

other assigned

revenue

Fee revenue/spectrum contribution

[XX.YY.YY.YY]

Diff./Non

-diff. NO NO NO NO

Electronic Communication

(prérogative)X.YY.YY.YY]

Diff./Non

-diff. YES NO NO NO

40 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 41 EFTA: European Free Trade Association. 42 Candidate countries and, where applicable, potential candidates from the Western Balkans.

EN 57 EN

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

–  The proposal/initiative does not require the use of operational appropriations

–  The proposal/initiative requires the use of operational appropriations, as explained below

3.2.1.1. Appropriations from voted budget

EUR million (to three decimal places)

Heading of multiannual financial framework Number

DG: CNECT

Year Year Year Year Year Year Year TOTAL

MFF

2028-

2034 2028 2029 2030 2031 2032 2033 2034

Operational appropriations43< eCOMM>

Budget line Commitments (1a) 0.300 0.300

Payments (2a) 0.300 0.300

Budget line Commitments (1b) 0

Payments (2b) 0

Appropriations of an administrative nature financed from the envelope of specific programmes44

Budget line (3)

TOTAL

appropriations Commitments =1a+1b+3 0.300 0.300

for DG CNECT Payments =2a+2b+3 0.300 0.300

43 eComm. 44 Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

EN 58 EN

Year Year Year Year Year Year Year TOTAL

MFF 2028-

2034 2028 2029 2030 2031 2032 2033 2034

TOTAL

appropriations

under HEADING

Commitments =4+6 0.300 0.300

of the multiannual

financial framework Payments =5+6 0.300 0.300

Heading of multiannual financial framework 4 ‘Administrative expenditure’45

DG: <CNECT > Year Year Year Year Year Year Year TOTAL

MFF

2028-2034 2028 2029 2030 2031 2032 2033 2034

 Human resources 1.479 1.479 1.479 1.479 1.479 1.479 1.479 10.353

 Other administrative expenditure 0.062 0.062 0.021 0.021 0.021 0.021 0.021 0.229

TOTAL DG <CNECT>Appropriations 1.541 1.541 1.500 1.500 1.500 1.500 1.500 10.582

45 The necessary appropriations should be determined using the annual average cost figures available on the appropriate BUDGpedia webpage.

EN 59 EN

TOTAL appropriations under HEADING 4 of the

multiannual financial framework

(Total

commitments =

Total payments) 1.541 1.541 1.500 1.500 1.500 1.500 1.500 10.582

Year Year Year Year Year Year Year TOTAL

MFF 2028-

2034 2028 2029 2030 2031 2032 2033 2034

TOTAL

appropriations under

HEADINGS 1 to 4

Commitments 1.541 1.541 1.500 1.500 1.500 1.500 1.500 10.582

of the multiannual

financial framework Payments

EN 60 EN

3.2.3. Summary of estimated impact on administrative appropriations

–  The proposal/initiative does not require the use of appropriations of an

administrative nature

–  The proposal/initiative requires the use of appropriations of an administrative

nature, as explained below

3.2.3.1. Appropriations from voted budget

VOTED

APPROPRIATIONS

Year Year Year Year Year Year Year TOTAL

2028 -

2034 2028 2029 2030 2031 2032 2033 2034

HEADING 4

Human resources 1.479 1.479 1.479 1.479 1.479 1.479 1.479 10.353

Other administrative

expenditure 0.062 0.062 0.021 0.021 0.021 0.0210.021 0.229

Subtotal HEADING 4 1.541 1.541 1.500 1.500 1.500 1.500 1.500 10.582

Human resources 0.000 0.000 0.000 0.000 0.0000.0000.000 0.000

Other expenditure of an administrative nature

0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000

Subtotal outside

HEADING 4 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000

TOTAL 1.541 1.541 1.500 1.500 1.500 1.500 1.500 10.582

The estimated impact on expenditure and staffing for 2028 and beyond is added for illustrative

purposes only and does not pre-judge the next Multiannual Financial Framework. The source of

financing and scope of Union financial commitment in the post-2027 period remain subject to the

outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined

through the annual budgetary procedure. All appropriations and staffing allocations as of 2028 are

indicative.

3.2.4. Estimated requirements of human resources

–  The proposal/initiative does not require the use of human resources

–  The proposal/initiative requires the use of human resources, as explained

below

3.2.4.1. Financed from voted budget

Estimate to be expressed in full-time equivalent units (FTEs)

VOTED APPROPRIATIONS Year Year Year Year Year Year Year

2028 2029 2030 2031 2032 2033 2034

 Establishment plan posts (officials and temporary staff)

20 01 02 01 (Headquarters and

Commission’s Representation Offices)

6 6 6 6 6 6 6

20 01 02 03 (EU Delegations) 0 0 0 0 0 0 0

(Indirect research) 0 0 0 0 0 0 0

(Direct research) 0 0 0 0 0 0 0

Other budget lines (specify) 0 0 0 0 0 0 0

• External staff (inFTEs)

20 02 01 (AC, END from the ‘global envelope’)

3 3 3 3 3 3 3

EN 61 EN

20 02 03 (AC, AL, END and JPD

in the EU Delegations) 0 0 0 0 0 0 0

Admin. Support

line

- at

Headquarters 0 0 0 0 0 0 0

[XX.01.YY.YY] - in EU

Delegations 0 0 0 0 0 0 0

(AC, END - Indirect research) 0 0 0 0 0 0 0

(AC, END - Direct research) 0 0 0 0 0 0 0

Other budget lines (specify) -

Heading 4 0 0 0 0 0 0 0

Other budget lines (specify) -

Outside Heading 4 0 0 0 0 0 0 0

TOTAL 9 9 9 9 9 9 9

The staff required to implement the proposal (in FTEs):

To be covered by

current staff

available in the

Commission

services

Exceptional additional staff*

To be financed

under Heading 4

or Research

To be financed

from BA line

To be financed

from fees

Establishment plan

posts

3 3 N/A

External staff (CA,

SNEs, INT)

1 2

Overall, 4 FTEs requested for the initiative are already in place within the DG CNECT and

will be redeployed, consisting of 3 establishment plan posts and 1 external staff (CAs and

SNEs). In addition to these existing resources, the initiative requires 5 FTEs of exceptional

additional staff [3 officials and 2 external staff – CAs or SNEs)], which are requested on top

of the current staffing levels in order to ensure full and effective implementation of the

initiative.

The new tasks introduced by the MSS proposal -—cannot be fully absorbed by the DG

CNECT existing human resources.

The leading unit for spectrum and satellite matters in charge of these areas is very small and

already manages a broad portfolio of technically complex and time-sensitive files related to

all aspects of EU spectrum policy. Internal assessments show that the unit has no capacity to

take on additional responsibilities without compromising core ongoing work or diminishing

the quality and timeliness of EU-level spectrum and satellite policy coordination. Other units

do not have surplus staff, nor do they possess the specialised technical expertise necessary to

work effectively on satellite communications, advanced spectrum engineering, interference

management, or the emerging satellite-to-device ecosystem. These are highly innovative and

technically demanding areas where generalist profiles or staff redeployed from unrelated

policy fields cannot substitute for dedicated experts. The tasks foreseen in the proposal

require deep, domain-specific knowledge and continuous engagement with national

EN 62 EN

authorities, industry and international bodies. Given the combination of a very small existing

team, the high workload already borne—including the one-person RSPG secretariat—and the

specialised nature of satellite and spectrum work, additional dedicated posts are indispensable

for the Commission to fulfil the new responsibilities assigned under the proposal.

The type of staff is specified in the table above. The staff figures and appropriations requested

should be considered indicative and cannot prejudge the outcome of the ongoing negotiations

on the future multiannual financial framework.

Officials and temporary staff New tasks:

Organise and implement the selection procedure for the 2GHz MSS band, with

the determination of the call for applicants and the definition of delegated and

implementing acts (i.e. call for applicants, determination of cost methodology

for annual fees in the 2 GHz MSS band, implementation of one-off contribution

mechanism)

– Manage and organize several additional meetings of COCOM and

MSS COCOM subgroup to discuss and approve implemented acts envisaged in

the MSS Regulation.

– Granting Union authorisation in the 2 GHz MSS band, including

the space and ground components.

– Collection of fees in the 2 GHz MSS band

– Supervision and enforcement of compliance with conditions

applicable to Union authorisation for the use of the 2 GHz MSS band

– Lead a coordinated enforcement of Union authorisation, including

harmful interferences and breaches of ITU radio regulations

External staff New tasks:

Organise and implement the selection procedure for the 2GHz MSS band, with

the determination of the call for applicants and the definition of delegated and

implementing acts (i.e. call for applicants, determination of cost methodology

for annual fees in the 2 GHz MSS band, implementation of one-off contribution

mechanism).

– Manage and organize several additional meetings of COCOM and

MSS COCOM subgroup to discuss and approve implemented acts envisaged in

the MSS Regulation.

– Granting Union authorisation in the 2 GHz MSS band, including

the space and ground components.

– Collection of fees in the 2 GHz MSS band.

– Supervision and enforcement of compliance with conditions

applicable to Union authorisation for the use of the 2 GHz MSS band.

Lead a coordinated enforcement of Union authorisation, including harmful

interferences and breaches of ITU radio regulations.

3.2.5. Overview of estimated impact on digital technology-related investments

TOTAL Digital

and IT

appropriations

Year Year Year Year Year Year Year TOTAL

MFF

2028 -

2034 2028 2029 2030 2031 2032 2033 2034

HEADING 4

IT expenditure (corporate)

0 0 0 0 0 0 0 0

Subtotal

HEADING 4 0 0 0 0 0 0 0 0

EN 63 EN

Outside HEADING 4

Policy IT expenditure on operational programmes

0 0 0 0 0 0 0 0

Subtotal outside

HEADING 4 0 0 0 0 0 0 0 0

TOTAL 0 0 0 0 0 0 0 0

3.2.6. Compatibility with the current multiannual financial framework

The proposal/initiative:

–  can be fully financed through redeployment within the relevant heading of the

multiannual financial framework (MFF)

–  requires use of the unallocated margin under the relevant heading of the MFF

and/or use of the special instruments as defined in the MFF Regulation

In addition to the existing resources in the Commission/DG CNECT, the initiative

requires 5 FTEs of exceptional additional staff (3 officials and 2 external staff – CAs

or SNEs), which are requested in order to ensure full and effective implementation of

the initiative.

–  requires a revision of the MFF

3.2.7. Third-party contributions

The proposal/initiative:

–  does not provide for co-financing by third parties

–  provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

Year Year Year Year Year Year Year Total

2028 2029 2030 2031 2032 2033 2034

Third countries

voluntary

contributions

0 0 0 0 0 0 0 0

TOTAL

appropriations

co-financed

0 0 0 0 0 0 0 0

3.2.8. Estimated human resources and the use of appropriations required in a

decentralised agency

No additional staff in decentralised agency is required under this initiative.

1. .

.

EN 64 EN

3.3. Estimated impact on revenue

–  The proposal/initiative has no financial impact on revenue.

–  The proposal/initiative has the following financial impact:

–  on own resources

–  on other revenue

–  please indicate, if the revenue is assigned to expenditure lines

EUR million (to three decimal places)

Budget revenue

line:

Appropriation

s available for

the current

financial year

Impact of the proposal/initiative

Year

202

8

Year 2029 Year 2030 Year 2031

Year 2032 Year 2033 Year 2034

European

annual MSS

spectrum

fee

0

Partial

estimate

s of the

amounts

already

included

in the

DNA

LFDS

Partial

estimate

s of the

amounts

already

included

in the

DNA

LFDS

Partial

estimate

s of the

amounts

already

included

in the

DNA

LFDS

Partial

estimate

s of the

amounts

already

included

in the

DNA

LFDS

Partial

estimate

s of the

amounts

already

included

in the

DNA

LFDS

Partial

estimate

s of the

amounts

already

included

in the

DNA

LFDS

European

one- off

MSS

financial

contributio

n (spectrum

price)

0 TBC TBC TBC TBC TBC TBC

The European annual MSS spectrum fee is established to contribute to the efficient

use of spectrum, shall reflect the value of the ongoing right of use of spectrum and

shall cover at least costs related to management, control and enforcement of the

general authorisation for provision of MSS services and networks and costs related to

the spectrum procedures and authorisation measures at Union level, including the

cost of defining authorisation conditions and of monitoring its compliance including

costs sustained by any Union Body supporting the Commission in spectrum

management.

The annual MSS spectrum fee would cover as well the additional expenditures of the

new ODN office if and once established as indicated in the DNA LFDS while the

current budget expenditure line of the BEREC office will be replaced by the ODN

office, as clarified in the DNA LFDS.

The annual fee shall apply to the selected operators holders of rights of use of the 2

GHz MSS band. The Commission shall specify in a delegated act the methodology

for setting the minimum levels of the one-off financial contribution and the amount

of annal fees, as well as other details related to the establishment, collection,

assignment and, if needed, management of funds.

EN 65 EN

The Commission or any Union body supporting the Commission in spectrum

management shall collect the annual fees as set out by one or more decisions that

may be addressed to the selected holders. The revenues generated by the annual fees

shall constitute external assigned revenue in accordance with Article 21(5) of

Regulation (EU, Euratom) 2024/2509. Those revenues shall be assigned to cover the

administrative costs related to the spectrum procedures and authorisation measures at

Union level, including monitoring and compliance. Any revenue remaining after

covering these costs shall be assigned to the Union bugdet.

The one- off MSS financial contribution (spectrum price) is established to contribute

to the efficient allocation of the scarce spectrum for the provision of MSS systems

and is reflecting the applicant willingness to pay, therefore reflects the value of the

right for the specific applicant. The one-off financial contribution will be paid by

successful applicants based on their bid during the selection procedure (e.g. the

contribution would be one selection criterion in the framework of a comparative

selection procedure). The contribution will be equal to the amount each selected

applicant committed to paying in their application. the Commission may allow that

the payment of the one-off financial contribution is made in periodic instalments.

The Commission may set by implementing act a minimal level of the one-off

financial contribution in order to ensure the efficient allocation of the 2 GHz MSS

band as well as effective investment and deployment of MSS systems and services,

which the applicants shall take into account when lodging their applications. The

minimum level of the contribution may be different for the spectrum for commercial

MSS systems and for the secure MSS hybrid system and might be set at zero.

The Commission shall collect the one-off financial contributions by the decision that

may be addressed to the selected applicants. Its total amount shall be allocated to

support the objectives of digital leadership under Regulation (EU) [ref] establishing

the European Competitiveness Fund[footnote], or its successors. The one-off

financial contribution shall constitute external assigned revenue in accordance with

Article [5(1)] of Regulation (EU) [XXX] of the European Parliament and of the

Council establishing the European Competitiveness Fund and Article 21(5) of

Regulation (EU, Euratom) 2024/2509.

Other remarks (e.g. method/formula used for calculating the impact on revenue or

any other information).

As regards the European annual MSS spectrum fee, a delegated act will define the

methodology to fix the amount and an implementing decision will define the specific

amount per spectrum block.

As regards the European one- off MSS financial contribution (spectrum price), the

amount cannot be estimated in advance and depends on the bidding of companies

with a possible minimal amount (reserve price) defined by the Commission in the

delegated act (methodology) or in the call for applications. The minimum amount

defined by the Commission can differ depending on the band (secure/hybrid or

commercial networks).

The European one-off financial contribution (spectrum price) would be paid from

2029 onwards when the selection procedure would be conducted and spectrum

assigned. Selected applicants will however have the right to pay, subject to

Commission approval, the one-off contribution (spectrum price) in instalments.

EN 66 EN

4. DIGITAL DIMENSIONS

4.1. Requirements of digital relevance

High-level description of the requirements of digital relevance and related categories (data,

process digitalisation & automation, digital solutions and/or digital public services)

Reference to

the

requirement

Requirement

description

Actors affected or

concerned by the

requirement

High-level

Processes Categories

Article 5(2) The call for

applications and all

decisions made by

the Commission

throughout the

phases of the

comparative

selection procedure

as well as the final

selection of

applicants shall be

published in the OJ

of the EU.

Commission Publish the call

for applications.

Publish all

decisions made

by the

Commission.

Data

Article 5(2) Call for

applications to be

adopted in

accordance with

the advisory

procedure

Commission Adopt the call for

applications

Data

Article 5(3) Submit

applications to the

Commission.

Applicants Submission of

applications.

Data

Article5(4) Request applicants

to supply

additional

information about

the fulfilment of

admissibility

requirements.

Inform applicants

whether their

applications are

considered as

admissible or not

and publish a list of

admissible

applicants.

Commission Request

additional

information.

Inform applicants

about the

admissibility of

their

applications.

Publish a list of

admissible

applicants.

Data

Article 5(4) Adopt a reasoned

decision on non-

admissibility or

non-eligibility of

Commission Adopt a reasoned

decision.

Data

EN 67 EN

applications.

Article 5(5) Comply with

eligibility

requirements for

the MSS systems.

Commission Checking the

compliance with

admissibility

requirements for

MSS systems.

Data

Article 5(6) Commission to

rank eligible

applicants

Commission Data

Article 5(7), Adopt a reasoned

decision on non-

admissibility or

non-eligibility of

applicants for the

right of use of the 2

GHz MSS

Commission. Adopt a reasoned

decision.

Data

Article6(1) Comply with

admissibility

requirements for

secure hybrid/MSS

systems.

Applicants Checking the

compliance with

admissibility

requirements for

secure

hybrid/MSS

systems.

Data

Article 6(2),

Article 7 and

Article 8

Include statements

and evidence

concerning the 2

GHz MSS band

requested and its

effective use.

Applicants for the

secure hybrid/ MSS

system.

Include

statements and

evidence

concerning the 2

GHz MSS band

requested and its

efficient use.

Data

Article 8(1) Specify an amount

of the one-off

financial

contribution for

right of use for the

2 GHz MSS.

Secure systems

Applicants for secure

MSS system.

Specify the

amount.

Data

Article 8(2) Adopt a reasoned

decision on

selecting the

applicants for the

right of use of the 2

GHz MSS band for

secure MSS

systems.

Commission Adopt a reasoned

decision on

selecting the

applicants.

Data

Article 12(1) Rank eligible

applicants based on

selection criteria

specified in the call

for applications.

Commission Ranking of

eligible

applicants.

Data

EN 68 EN

Article 12(2) Adopt a reasoned

decision on

selecting the

highest-ranking

applicants for

commercial MSS

systems.

Commission Adopt

implementing

act

Data

Article 13(1) Authorise the use

of the 2 GHz MSS

band by the

selected applicant

under Article 14(1)

or Article 15(1).

Commission Authorise the use

of the 2 GHz

MSS band by the

selected

applicant.

Data

Article 14(1l) Provide annual

report detailing the

status of

development of

their proposed

system.

Holder of the

authorisation for the

secure MSS/hybrid

system granted under

Article 13(1)

Provide an

annual report.

Data

Article

14(4k)

Provide the

security

accreditation of

satellite systems in

accordance with

Article 37 of

Regulation (EU)

2021/696.

Holder of the

authorisation for the

secure MSS/hybrid

system granted under

Article 11(1)

Provide security

accreditation.

Data

Article 12(3) Define efficient use

of paired blocks of

5 MHz in the 2

GHz MSS band in

detailed

arrangements for

monitoring set out

in accordance with

Article 14(3).

Commission Define efficient

use of paired

blocks of 5 MHz

in the 2 GHz

MSS band.

Data

Article 15(1)

and

Provide an annual

report detailing the

status of

development of

their proposed

system.

Holders of the

authorization for

commercial MSS

system granted under

Article 13(1)

Provide an

annual report.

Data

Article 14(1) Determine the

duration of the

right of use of the 2

GHz MSS band

pursuant to Article

14(1) and 15(1).

Commission Determine the

duration of the

right of use of the

2 GHz MSS

band.

Data

Article 14(4) Decision not to

renew the rights of

Commission Data

EN 69 EN

use

Article 16(5) Review of the

annual and one-off

fees for the use of

the 2 GHz MSS

band to accompany

the decision of

renewal

Commission Review of the

annual and one-

off fees.

Data

Article 17(3) Notify the

intention to

transfer or lease

use of rights of

commercial

spectrum

Holder of right Data

Article 17(4) Authorize the

transfer or lease of

rights of use for

commercial

spectrum

Commission Data

Article 17(6) Notify to the

Commission

agreement to

change control

Holder of right Data

Article 17(6) Possibility to

withdraw right of

use

Commission Adopt

implementing

act

Data

Article 18(1) Payment of one-off

contributions

Holder of rights of use Data

Article 18(2) Fix the minimal

level of the one-off

financial

contribution

Commission Adopt

implementing

act

Data

Article 18(3) Collection of one-

off contributions

Commission Data

Article 18(4) Collection of

annual fees

Commission Data

Article 18(5) Via a delegated

act, fix the

methodology to

determine the

minimum levels of

one-off

contributions,

annual fees. The

delegated act to

determine also the

budgetary

treatment of the

revenue and

Commission Adopt Delegated

act

Data

EN 70 EN

expenditure.

Article 18(6) Via an

implementing act,

determine the level

of annual fee and

one-off financial

contributions

Commission Adopt

implementing

act

Data

Article 19(1) Monitor the

compliance of

holders of Union

authorisation for

use of 2 GHz MSS

band.

Commission and

Members States

Monitor the

compliance.

Data

Article 20(2) Take a decision to

impose sharing

conditions to

enable testing and

experimental use

of the band.

Commission Take a

decision.

Data

Article 21(5) Notify a delegated

act to the

European

Parliament and to

the Council.

Commission Notification Data

4.2. Data

High-level description of the data in scope

Type of data Reference to the

requirement(s)

Standard and/or

specification (if applicable)

Publication of the call for

applications and of all decisions

made by the Commission

throughout the phases of the

comparative selection procedure

and of the final selection of

applicants in the OJ of the EU.

Article 4(4) N/A

Applications Article 5(3) N/A

Additional information about the

fulfilment of admissibility

requirements

Article 5(4) N/A

Information on the admissibility

of applications

Article 5(4) N/A

EN 71 EN

Publication of the list of

admissible applicants

Article 5(4) N/A

Data on the applicants’

compliance with admissibility

requirements for the secure

MSS/hybrid system

Article 6(1) N/A

Data on the applicants’

compliance with admissibility

requirements for the commercial

MSS systems of Union new

entrant

Article 9(1) N/A

Data on the applicants’

compliance with admissibility

requirements for other

commercial MSS systems

Article 10(1) N/A

Implementing act Article 18(2) and (5) In the required format.

Delegated act Articles 18(5) In the required format.

Reasoned decisions Articles 5(7), 7(2),

8(2), 11(3), 12(2)

In the required format.

Statements and evidence Article 9(2) and (4),

10(2) and (4)

N/A

Annual report detailing the status

of development of their proposed

system

Articles 14(1)(l) and

15(1)(h)

N/A

Information on the security

accreditation of satellite systems

Article 7(1)(g) In accordance with Article 37

of Regulation (EU) 2021/696.

EU Classified Information

(EUCI)

Article 14(1)(k) To be protected in accordance

with Article 43 of Regulation

(EU) 2021/696.

Review of the annual and one-off

fees for the use of the 2 GHz MSS

band

Article 16(5) N/A

Data from the monitoring of

compliance of holders of Union

authorisation for use of 2 GHz

MSS band

Article 19(1) N/A

Decision to impose sharing

conditions to enable testing and

Article 20(2) N/A

EN 72 EN

experimental use of the band.

Notification of adoption of a

delegated act

Article 21(5) N/A

Alignment with the European Data Strategy

Explanation of how the requirement(s) are aligned with the European Data Strategy

This legislative initiative is in line with the use of privately-held data by government

authorities (business-to-government – B2G) in order to ensure evidence-driven policy-making

and policy decisions, in this case to establish a public selection procedure to select and

authorise entities providing mobile satellite services using the 2 GHz band in the European

Union.

Alignment with the once-only principle

Explanation of how the once-only principle has been considered and how the possibility to

reuse existing data has been explored

The ‘once-only principle’ is respected in this case so as to minimise administrative burden on

companies operating in the Single Market that will participate in the selection procedure.

Explanation of how newly created data is findable, accessible, interoperable and reusable,

and meets high-quality standards

The applicants in the selection procedure – companies intending to provide MSS at 2 GHz in

the Single market should have available all data required by the Commission. Member States

and the Commission shall ensure the protection of business confidential information.

4.3 Data flows

High-level description of the data flows

Type of data Reference(s)

to the

requirement(s)

Actors who

provide the

data

Actors who

receive the data

Trigger for

the data

exchange

Frequency

(if

applicable)

Call for

applications,

decisions

made

throughout

the phases of

the

comparative

selection

procedure

and the final

selection of

applicants in

the OJ of the

EU

Article 4(6) Commission Applicants EU-level

comparative

selection

procedure

Once

EN 73 EN

Applications Article 5(3) Applicants Commission EU-level

comparative

selection

procedure

Once

Additional

information

about the

fulfilment of

admissibility

requirements

Article 5(4) Applicants Commission EU-level

comparative

selection

procedure

Upon

request

Information

on the

admissibility

of

applications

Article 5(4) Commission Applicants EU-level

comparative

selection

procedure

Once

List of

admissible

applicants

Article 5(4) Commission Applicants EU-level

comparative

selection

procedure

Once

Reasoned

decision via

implementing

act

Article 5(7) Commission Applicants EU-level

comparative

selection

procedure

Once

Data on the

applicants’

compliance

with

admissibility

requirements

for the secure

MSS/hybrid

system

Article 6(1) Applicants Commission EU-level

comparative

selection

procedure

Once

Delegated act Article 6(4) Commission Applicants EU-level

comparative

selection

procedure

Once (and

if

applicable)

Data on the

applicants’

compliance

with

admissibility

requirements

for the

Article 9(1) Applicants Commission EU-level

comparative

selection

procedure

Once

EN 74 EN

commercial

MSS systems

Data on the

applicants’

compliance

with

admissibility

requirements

for the

commercial

MSS systems

Article 10(1) Applicants Commission EU-level

comparative

selection

procedure

Once

Reasoned

decisions via

implementing

acts

Articles 7(2),

8(2), 11(2) and

12(2)

Commission Applicants Relevant

step of EU-

level

comparative

selection

procedure

Once

Implementing

act on

conditions of

general

authorisation

Article 13(5) Commission Applicants Relevant

step of EU-

level

comparative

selection

procedure

Once (and

if

applicable)

Implementing

act related to

setting

contributions

Article 18(2)

and (6)

Commission Applicants Relevant

step of EU-

level

comparative

selection

procedure

Once (and

if

applicable)

Delegated act

on

methodology

related to

contributions

Articles 18(5) Commission Applicants Relevant

step of EU-

level

comparative

selection

procedure

Once

Statements

and evidence

Article 9(2) and

(4), 10(2) and

(4)

Applicants

for the

provision of

commercial

MSS system

Commission Relevant

step of EU-

level

comparative

selection

procedure

Once

Annual report Articles Holder of Commission and EU-level Once

EN 75 EN

detailing the

status of

development

of their

proposed

system

14(1)(l) and

15(1)(h)

the

authorisation

for the

secure

MSS/hybrid

system,

granted

under

Article

13(1).

Holders of

the

authorisation

for

commercial

MSS

systems,

granted

under

Article

13(1).

Communications

Committee

comparative

selection

procedure

Information

on the

security

accreditation

of satellite

systems

Article 7(1)(g) Applicant

for the

spectrum for

the secure

MSS/hybrid

system

Commission EU-level

comparative

selection

procedure

Once

EU Classified

Information

(EUCI)

Article 14(1)(k) Holder of

the

authorisation

for secure

MSS/hybrid

system

granted

under

Article 11(1)

Commission EU-level

comparative

selection

procedure

Once

Data from the

monitoring of

compliance

of holders of

Union

authorisation

for use of 2

GHz MSS

band

Article 19(1) Holders of

Union

authorisation

for use of 2

GHz MSS

band

Commission and

Member States,

collaborating

with the

Communications

Committee and

the RSPG

EU-level

comparative

selection

procedure

Permanent

EN 76 EN

Decision to

impose

sharing

conditions to

enable testing

and

experimental

use of the

band

Article 20(2) Commission Incumbent rights

holder(s)

Need to

impose

sharing

conditions to

enable

testing and

experimental

use of the

band.

Once (and

if

applicable)

Notification

of adoption

of a delegated

act

Article 21(5) Commission European

Parliament and

Council

Adoption of

a delegated

act

Once

4.4. Digital solutions

High-level description of digital solutions

Digital

solution

Reference(s) to

the

requirement(s)

Main

mandated

functionalities

Responsible

body

How is

accessibility

catered for?

How is

reusability

considered?

Use of AI

technologies

(if

applicable)

N/A

For each digital solution, explanation of how the digital solution complies with applicable

digital policies and legislative enactments

Digital and/or sectorial policy

(when these are applicable)

Explanation on how it aligns

Proposal for a Digital Networks Act

(DNA)[1]

The proposal for a DNA established coordinated,

EU-level authorisations for satellite spectrum as well

as its monitoring and enforcement, given the cross-

border nature of satellite services.

Proposal for EU Space Act[2] The proposal for the 2 GHz MSS Regulation

complements measures proposed under the EU

Space Act and DNA. The proposal for a DNA and

the proposal for the 2 GHz MSS Regulation can

EN 77 EN

therefore be seen as critical building blocks of the

EU single market for space.

[1] COM(2026) 16 final [2] https://defence-industry-space.ec.europa.eu/eu-space-act_en;

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52025PC0335

4.5. Interoperability assessment

High-level description of the digital public service(s) affected by the requirements

Digital

public

service or

category of

digital

public

services

Description Reference(s) to

the

requirement(s)

Interoperable

Europe

Solution(s)

(NOT

APPLICABLE)

Other

interoperability

solution(s)

N/A //

Impact of the requirement(s) as per digital public service on cross-border interoperability

Digital public service #1

Assessment Measure(s) Potential remaining barriers (if

applicable)

Alignment with

existing digital and

sectorial policies

Please list the

applicable digital and

sectorial policies

identified

N/A

Organisational

measures for a

smooth cross-border

digital public services

delivery

Please list the

governance measures

foreseen

N/A

Measures taken to

ensure a shared

understanding of the

data

Please list such

measures

N/A

Use of commonly N/A

EN 78 EN

agreed open technical

specifications and

standards

Please list such

measures

4.6. Measures to support digital implementation

High-level description of measures supporting digital implementation

Description of the

measure

Reference(s) to the

requirement(s)

Commission

role

(if applicable)

Actors to be

involved

(if

applicable)

Expected

timeline

(if

applicable)

N/A

EN EN

EUROPEAN COMMISSION

Brussels, 27.5.2026

COM(2026) 311 final

ANNEX

ANNEX

to the

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL

on the procedure for authorisation of systems providing mobile satellite services using

the harmonised 2 GHz frequency band and repealing Decision No 626/2008/EC

EN 1 EN

ANNEX

MILESTONES FOR AN MSS SYSTEM

1. Compliance with international regulations

The applicant shall provide clear evidence on ensuring compliance of the mobile satellite

system with the ITU Radio Regulations from the date of commencement of the continuous

provision of MSS, including:

(a) applying the relevant ITU Radio Regulations’ coordination and notification

procedures, including the entry in the ITU Master International Frequency

Register (MIFR), respecting the ITU status and dates of protection and carried

out in good faith;

(b) completing all relevant international coordination agreements;

(c) avoiding harmful interference to other satellite networks/systems and to any

stations operated in accordance with the ITU Radio Regulations;

(d) operating on a non-interference non-protection basis when the filing has not yet

been notified and recorded in the MIFR or under the ITU Radio Regulations’

Article No.4.4.

The applicant shall provide clear evidence that the administration responsible for the ITU

filing of the mobile satellite system, subject to the application, has submitted the necessary

ITU Radio Regulations’ Appendix 4 information.

2. Satellite manufacturing

The applicant shall provide clear evidence of a binding agreement for the manufacture of the

satellites of the mobile satellite system subject to the application within the territories of the

Member States. The document shall identify the construction milestones leading to the

completion of manufacture of those satellites. The document shall be signed by the applicant

and the satellite manufacturing company.

3. Satellite launch agreement

The applicant shall provide clear evidence of a binding agreement to launch the minimum

number of satellites required for the continuous provision of MSS within the territories of the

Member States. The document shall identify the launch dates and launch services and the

contractual terms and conditions concerning indemnity. The document shall be signed by the

mobile satellite system operator and the satellite launching company.

4. Gateway Earth Stations

The applicant shall provide clear evidence of a binding agreement for the construction and

installation of Gateway Earth Stations that would be used for the continuous provision of

MSS within the territories of the Member States.

5. Launch of satellites

The applicant shall provide clear evidence of the successful launch and in-orbit deployment of

the number of satellites required for the continuous provision of MSS within the territories of

the Member States.

6. Provision of MSS within the territories of the Member States

The applicant shall provide clear evidence that it is effectively providing full-scale continuous

MSS within the territories of the Member States, including the territorial waters of all

Member States, using at least the number of satellites it has previously identified under

EN 2 EN

milestone 3 to cover the geographical area the applicant has committed to in its application

from the date of the commencement of the continuous provision of MSS.