UK: Developments in Direct-to-Device regulation

Direct-to-Device (D2D) services are rapidly becoming a key area of focus in the space and satellite sector. There are two approaches to D2D services that have emerged in the market:

• D2D in Mobile Satellite Services (MSS) spectrum – this involves introducing new handsets or adapting existing handsets so that they can access the radio frequencies used by existing satellites; and
  
• D2D in Mobile spectrum (often referred to as supplementary coverage from space or SCS) – this involves enabling satellites and airborne platforms to use mobile radio frequencies.

As these services grow, regulators worldwide are examining how to adapt existing regulations to accommodate and support this technology and the topic is on the agenda of key international forums, including the World Radiocommunication Conference 2027 (WRC-27).

Most recently the UK has released a consultation on D2D services and MSS, which we outline below. Meanwhile, European organisations such as the CEPT (“European Conference of Postal and Telecommunications Administrations”), BEREC (“Body of European Regulators for Electronic Communications”) and the RSPG (“Radio Spectrum Policy Group”) have established working groups on these topics, with reports already released or set to be published in the coming months.

UK - Call for input on D2D and MSS

Ofcom, the UK’s communications services regulator, has issued a “Call for input: Improving mobile connectivity from the sky and space call for input” (CFI) to gather insights on the development of D2D services and MSS. The CFI focusses on understanding the current and potential market for D2D services, with a view to using this to inform any potential regulatory changes in the UK. Ofcom has not put forward any firm proposals but flags the following potential approaches in the CFI. 

Ofcom may also consider new authorisations for airborne base stations operating in mobile bands.

Ofcom is seeking input from stakeholders by 5pm on 13 September 2024. The responses will inform Ofcom’s future policy, with next steps expected to be published in Q4 2024. The CFI document and response template are available here.

CEPT – Working group on satellite based “Direct-to-Cell” for smartphone communications

The CEPT, the cooperation body for the administrations of 46 European countries, has put out for public consultation a draft report on satellite based Direct-to-Cell (D2C) for smartphones communications available here. Based on the work of its Working Group FM44, the main objectives of this document are to:  

• Understand technical details of D2C satellites connectivity. Note that the report particularly focuses on unmodified cellular devices for D2C communications available on the market up until mid-2023;
  
• Explore the regulatory elements with respect to national authorisation of D2C communications. The report examines the international and European spectrum allocations and availability as well as addressing potential interference issues that could arise from D2C communications. The report also addresses regulatory issues related to standardisation, interoperability, registration, emergency services, and lawful interception, among others;
  
• Develop a common view amongst CEPT administrations on the regulatory and technical issues needed for national authorisations of satellite-based communications service provisioning.

The public consultation ends on 25 October 2024. The working group aims to publish its final report by February 2025.

EU – RSPG opinion and BEREC work on satellite communication and D2D

In February 2024, the RSPG, which is an advisory group for the European Commission, has published its opinion on the latest technological developments in satellite communications, including D2D, and trends in the provision of MSS services with relevance to the future use of the 2 GHz MSS frequency band. The document can be found via this link.

Finally, the BEREC held a workshop on satellite communication and D2D non-terrestrial networks on 22 May 2024 at BNetza’s office. The workshop served as a platform for discussion between market players on regulatory issues such as roaming, handover, numbering, interoperability, market access and authorisation. Based on these discussions, BEREC will prepare a report expected to be published in October 2024. 

These initiatives clearly show that D2D is regarded as a hot topic for regulators and government agencies.

For more information, please contact Willy Mikalef and Hayley Blyth. 

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