Satellite operators seeking EU market access may face a fundamental shift in how spectrum is authorized, how services are delivered across borders, and what operational obligations apply.
The Digital Networks Act (DNA) is the European Commission’s proposed regulation on digital networks. It would repeal and consolidate the EU’s existing electronic communications framework, including the European Electronic Communications Code, the BEREC Regulation and the Radio Spectrum Policy Program. The proposal aims to establish a unified regulatory framework for satellite connectivity across the EU as a single market.
While framed as telecommunications reform, the DNA fundamentally changes how satellite operators access spectrum, deliver pan-European services and manage network resilience. The European Commission describes the DNA as “a critical building block” for the EU space economy, complementing the EU Space Act’s safety and sustainability framework with harmonized market access rules.
The proposal could impact the satellite sector from a practical, technical and strategic perspective, so businesses must consider its implications early. For satellite operators already navigating the Space Act, understanding where the DNA fits will be essential over the next few years.
A new authorization architecture
The DNA proposes to introduce an EU authorization for satellite spectrum, replacing existing national regimes. The regime will be informed by a new European Table of Allocation of Satellite Frequencies to be adopted by the European Commission. There are two layers: a “general authorization” for providing satellite networks and services (notification-based), plus specific spectrum authorization from the European Commission. Both layers are likely to be relevant for most operators.
In practice, the proposed new EU-harmonized model means that a satellite operator wishing to provide services across the EU would no longer need to follow 27 authorization processes, respect 27 sets of authorization conditions or obtain spectrum rights in all member states separately. This is intended to be a material simplification for operators scaling across member states, though the extent to which this is realized will depend on effective implementation and the balance struck between EU‑level harmonization and existing national regulatory responsibilities.
Where spectrum is scarce, competitive selection procedures may apply, though the mechanisms are not detailed yet. For constellation operators and direct-to-device services seeking premium frequencies, this introduces uncertainty — competitive procedures could affect deal structures and deployment timelines.
Both authorizations propose to include EU establishment requirements. This creates strategic choices for non-EU operators: establish an EU subsidiary, partner with an EU-established operator or wait for bilateral arrangements. Unlike the Space Act’s registration pathway for third-country service providers, the DNA currently lacks an equivalent mechanism, though that could change as the proposal develops.
Existing national authorizations with at least six months of validity remaining are expected to continue until 36 months after the DNA enters into force, following which, national satellite spectrum authorizations are to be replaced by EU authorizations.
New operational requirements
The DNA does not merely reorganize who grants authorizations, it also expands the substantive obligations attached to them. The DNA proposes to introduce several binding operational requirements beyond traditional spectrum licensing, including:
- Interference obligations: ITU compliance (coordination, notification, no harmful interference) plus coordination with any EU-authorized satellite system. Operators will need capabilities to detect, report and mitigate interference. Enforcement sits with the European Commission, with national authorities able to take urgent interim measures.
- Data retention and lawful interception: General authorizations will include “permanent control” over transmissions and criteria-based data retention/lawful interception obligations. This is significant for bent-pipe architectures with minimal payload control. The “criteria-based” qualifier suggests some flexibility.
- Spectrum fees: Fees will be set on a European Commission methodology and will fund additional Office for Digital Networks tasks, suggesting fees may go beyond administrative cost recovery. This may differ from current minimal-fee national regimes.
The relationship between the DNA and Space Act
The Space Act governs safety and sustainability (debris mitigation, collision avoidance, end-of-life disposal), as well as licensing of space activities (e.g. launch and spacecraft operations).
The DNA focuses on market access, spectrum rights and operational resilience. In practice, satellite operators are likely to be subject to both regimes, meaning authorisations under each may need to be obtained in parallel.
Resilience and crisis preparedness
The DNA’s resilience framework includes continuity of emergency communications and public warnings, plus a Union Preparedness Plan addressing integration with satellite networks and system outage threats such as intentional harmful interference. Operators may be required to participate in preparedness exercises, implement business continuity measures and coordinate with national authorities.
Satellite operators designated as critical may face service continuity obligations, priority traffic requirements or capacity allocation mandates during emergencies – a shift from today’s contractual commitments to specific customers. Capacity planning, SLA negotiations and revenue models may need to account for emergency requirements, particularly for multi-use constellations.
Timeline and next steps
The proposal was officially published by the European Commission on 21 January 2026 and is now progressing through the EU legislative journey towards potential approval. The European Parliament and Council will develop their positions ahead of trilogue negotiations with the EU and amendments in the course of this process are inevitable.
The space sector’s long lead times mean that operators may need to start looking ahead.
Some of the steps operators can take to begin strategically planning and preparing for the DNA include:
- Engage in opportunities to shape the DNA: it is not yet clear what formal consultation opportunities will be available but there are likely to be several ways for companies to engage with relevant industry forums and provide feedback to help shape the DNA, particularly in relation to technical standards and requirements.
- Monitor developments: in addition to the European Commission implementing acts, it may publish guidance, FAQs and other resources to assist industry to navigate the DNA.
- Review authorization strategy: confirm whether existing national authorizations cover planned services through the transition period, identify any coverage gaps, assess expiry dates relative to the transition deadline and evaluate competitive selection risks for new spectrum requests.
- Budget for ongoing spectrum payments: consider business planning, noting the implementing acts are expected to provide detailed fee methodology.
- Assess existing systems and processes against future obligations: including data retention, lawful interception, interference monitoring and resilience requirements.
- Review capacity planning, SLA negotiations and revenue models: account for potential emergency requirements, particularly for multi-use constellations serving both commercial and governmental users.
- Evaluate establishment and corporate structure requirements: assess if current structure supports EU authorization eligibility or requires restructuring and, for non-EU companies, consider what approach you may take in the case of future EU establishment requirements.
Hayley Blyth is an associate in Bird & Bird’s London office, specializing in the space and satellite, technology and communications sectors. She co-leads Bird & Bird’s global space and satellite practice, advising public and private sector clients on space law, regulation, commercial considerations and policy.
Roxane Olivier is an associate in Bird & Bird’s Paris office, specializing in technology, telecommunications and data protection. Roxane advises technology and space businesses on the global challenges they face in the digital and communications sectors, including by ensuring their compliance with French and European regulatory obligations.
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