Ofcom satellite spectrum: the 2 GHz MSS and ESIM consultations and UK/EU divergence
In short: Ofcom satellite spectrum proposals, published on 16 June 2026, open two consultations. One gives Viasat and EchoStar a three to five year transition in the 2 GHz MSS band after their May 2027 licence expiry, plus flexibility for new entrants. The other adds Ku and Ka band uplink for ships and aircraft. Responses close on 11 and 18 August 2026.
Any operator that wants to use the UK’s 2 GHz satellite band, or to put more bandwidth on ships and aircraft, now has a fixed window to make its case. The Ofcom satellite spectrum proposals opened as two consultations on 16 June 2026, and both close in August. They matter well beyond their technical detail, because they show the United Kingdom and the European Union moving apart on how satellite access should be authorised. The UK proposes to keep its incumbents on for a transition and to open the door to others. The EU proposes to centralise the same band under a single Union licence.
What the Ofcom satellite spectrum proposals do
Both proposals are directed at using scarce spectrum more efficiently as demand for satellite connectivity grows. The first concerns the 2 GHz MSS band (1980-2010 MHz and 2170-2200 MHz), the harmonised band for Mobile Satellite Services. The second concerns Earth Station in Motion terminals, which provide broadband to users on the move. Ofcom authorises both under the Wireless Telegraphy Act 2006, which prohibits the use of a wireless telegraphy station except under a licence (section 8) and empowers Ofcom to grant licences on such terms as it thinks fit (section 9). Ofcom exercises that power against its spectrum duties under the Communications Act 2003.
The 2 GHz MSS band: a transition, then an open question
The 2 GHz MSS band is licensed to Viasat and EchoStar on an exclusive basis, and those authorisations expire in May 2027. Ofcom proposes to let both continue for a transitional period of three to five years once the current authorisations end. That keeps live the services they run, including Viasat’s European Aviation Network for in-flight connectivity and EchoStar’s satellite network supporting Internet of Things sensors across Europe. Alongside the transition, Ofcom proposes greater flexibility for others to access the band, so the spectrum is not frozen while the incumbents wind down. Its work on the 2 GHz MSS band sits within a wider review of how the frequencies should be used after the licences expire.
Ofcom has not fixed the long-term use of the band. It is seeking views on a market that is moving quickly, with interest from operators in in-flight connectivity, direct-to-device services to ordinary handsets, and satellite Internet of Things. It frames the post-transition choice around commercial demand, the potential for regional alignment with the EU, and the open question of how the EU will use the band once the current rights expire. Responses are due by 18 August 2026, with a decision on the near-term proposals expected later in 2026.
ESIM: more Ku and Ka band uplink for ships and aircraft
An Earth Station in Motion is a satellite terminal mounted on a moving platform, typically a ship or an aircraft, that keeps a continuous broadband link as the platform travels. To support these services, Ofcom proposes to make more spectrum available in the Ku and Ka band for ESIM uplink, the link from the terminal to the satellite. The proposals carry technical conditions designed to let ESIM users share the band with existing users without harmful interference. Ofcom’s consultation on satellite spectrum for aeronautical and maritime uses anticipates that new ESIM authorisations could be available by the end of 2026. Responses on the ESIM proposals are due by 11 August 2026.
Where the UK and EU diverge on satellite spectrum
The two regimes are pulling in opposite directions, and the 2 GHz band shows it clearly. The EU and the UK harmonised the band, and the EU awarded it through a single EU-level selection. Decision No 626/2008/EC set the selection and authorisation procedure, and the Commission then selected Inmarsat (now part of Viasat) and Solaris Mobile (now EchoStar Mobile). The UK retained the implementing instrument, the Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010, but the Radio Spectrum (EU Exit) Regulations 2018 revoked the EU selection decisions in UK law on exit. The Government now proposes to revoke the 2010 Regulations as well, freeing Ofcom to authorise the band on a domestic basis.
The EU is moving the other way. On 27 May 2026 the European Commission proposed a new Regulation for the 2 GHz MSS band that would replace national authorisation with a single Union authorisation, awarded through one EU-wide selection procedure once the current rights expire in 2027. The draft proposal would reserve roughly a third of the band for government, security and defence use, with the remainder for commercial services, and would require applicants to show concrete milestones on manufacturing, launch and service provision. The contrast is structural: the UK proposes a flexible, domestic, market-led route, while the EU proposes a centralised Union route shaped by security and industrial policy.
| Issue | UK (Ofcom) | EU (Commission proposal) |
|---|---|---|
| Authorisation model | Domestic licence under the Wireless Telegraphy Act 2006 | Single Union authorisation across all member states |
| 2 GHz incumbents after 2027 | Three to five year transition for Viasat and EchoStar | New EU-wide selection once existing rights expire |
| Selection basis | Flexibility for multiple users, market-led | Selection procedure with milestone and security criteria |
| Government and defence reservation | None proposed | Around one third of the band reserved |
| Legal instrument | 2026 revocation of the retained 2010 Regulations | Proposed MSS Regulation, 27 May 2026, in the legislative process |
What the Ofcom satellite spectrum proposals mean for operators and investors
The parties most directly affected are the incumbents and the would-be entrants. Viasat and EchoStar gain a defined transitional runway for the European Aviation Network and the IoT network, rather than a hard stop in May 2027. New entrants in direct-to-device, satellite IoT and NGSO services gain a route into the 2 GHz band during the transition, subject to the conditions Ofcom settles. Airlines, shipping operators and IoT service providers are one step downstream, as the customers of these services; the ESIM proposals are aimed squarely at improving the connectivity they can buy for crews and passengers.
For any operator running a system that serves both the UK and the EU, the regulatory divergence creates a practical spectrum authorisation problem. A satellite system that crosses the boundary may face a domestic UK licence on one side and a Union-level selection on the other, with different criteria, timing and reservations on each. That is the interdependence Ofcom itself has flagged. The UK has already opened mobile spectrum to space through its direct-to-device authorisations and its VodafoneThree approval, so the 2 GHz proposals add to an already active satellite agenda. Operators planning a UK launch can use our telecoms product launch guide for the authorisation path, and Bratby Law advises on spectrum and satellite market entry across both regimes.
Viewpoint
The divergence on Ofcom satellite spectrum is structural, not cosmetic, and the 2 GHz band is where it takes effect first. The UK has chosen a domestic, flexible route: a transition for the incumbents, room for new entrants, and a longer-term decision held open. The EU has chosen a centralised Union authorisation with a security reservation built in. Both are defensible, and they will not produce the same outcome.
In our experience advising on mobile satellite services and direct-to-device propositions, the binding constraint is rarely the band plan. It is ITU coordination and the patchwork of national authorisations a cross-border system has to manage, and a UK route that diverges from the EU adds another layer to that patchwork. The question I would put to anyone planning a system across both markets is whether the design can tolerate two separate authorisation routes, with different criteria, timing and reservations on each. If it cannot, the divergence is not a detail; it is the gating risk.
Frequently asked questions
What is the 2 GHz MSS band?
The 2 GHz MSS band is the frequency range 1980-2010 MHz and 2170-2200 MHz, harmonised across the UK and the EU for Mobile Satellite Services. In the UK it is licensed to Viasat and EchoStar on an exclusive basis until those authorisations expire in May 2027.
What is an Earth Station in Motion?
An Earth Station in Motion (ESIM) is a satellite terminal on a moving platform, usually a ship or aircraft, that keeps a continuous broadband link while the platform travels. Ofcom’s proposals would make more Ku and Ka band uplink spectrum available for these terminals, subject to technical conditions to manage interference.
How do the UK and EU approaches to satellite spectrum differ?
The UK proposes to authorise the 2 GHz band domestically under the Wireless Telegraphy Act 2006, with a transition for incumbents and flexibility for new entrants. The European Commission proposes a single Union authorisation awarded through one EU-wide selection procedure, reserving around a third of the band for government, security and defence use.
When do the consultations close?
Responses to the ESIM consultation are due by 11 August 2026. Responses to the 2 GHz MSS consultation are due by 18 August 2026. Ofcom expects to decide on the near-term proposals later in 2026, with new ESIM authorisations potentially available by the end of the year.
Talk to us
If you are assessing access to the 2 GHz MSS band or the ESIM Ku and Ka band proposals, or weighing a satellite proposition across both the UK and EU regimes, contact Rob Bratby at Bratby Law.
