Satellite And Telecommunications Streamlining Act or the SAT Streamlining Act
This bill directs the Federal Communications Commission (FCC) to revise its regulations that govern licenses and grants of U.S. market access for geostationary and non-geostationary orbital satellites. Geostationary orbital satellites maintain a stationary position in orbit while non-geostationary satellites move in relation to the Earth's surface; these satellites may be used to provide broadband and other telecommunications services.
In particular, the bill specifies deadlines by which the FCC must decide whether to approve an application for a license or grant of market access. Generally, the FCC must make a decision on (1) an initial application or a major modification of an application within one year, (2) a renewal of an application within 180 days, and (3) a minor modification of an application within 90 days. The bill allows the FCC to extend the deadlines in some instances, such as when an application raises national security and law enforcement concerns.
Furthermore, the FCC regulations must include performance objectives for space safety and orbital debris that are specific, measurable, and technology-neutral.
The FCC must also include requirements related to the sharing of the electromagnetic spectrum band by licensees and grantees. For example, the FCC must (1) require licensees and grantees to make a good faith effort to coordinate their use of the spectrum with others, and (2) establish a quantifiable level of protection from harmful interference for other authorized users of the spectrum.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1338 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1338
To amend the Communications Act of 1934 to provide authority for
certain licenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2023
Mrs. Rodgers of Washington (for herself and Mr. Pallone) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to provide authority for
certain licenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite And Telecommunications
Streamlining Act'' or the ``SAT Streamlining Act''.
SEC. 2. AUTHORITY REGARDING CERTAIN LICENSES.
(a) Amendment.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following new section:
``SEC. 346. RADIOFREQUENCY LICENSING AUTHORITY REGARDING CERTAIN
OPERATIONS.
``(a) Rules.--
``(1) In general.--Not later than 18 months after the date
of the enactment of this section, the Commission shall issue
rules to amend part 25 of title 47, Code of Federal
Regulations, to establish--
``(A) for any license granted under subsection (b)
or grant of market access granted under subsection (c),
specific, measurable, and technology-neutral
performance objectives for space safety and orbital
debris, in accordance with paragraph (2);
``(B) for any license granted under paragraph (1)
or (2) of subsection (b), specific modifications (or
classes of modifications) to such a license that
warrant expedited treatment under subparagraph (A) or
(B) (as the case may be) of subsection (g)(2);
``(C) for any license granted under subsection (b),
grant of market access granted under subsection (c),
authorization granted under subsection (d), or covered
authorization, the manner in which the licensee,
grantee, or entity shall notify the Commission of a
request to submit a modification under subsection
(g)(5);
``(D) for any request to modify a covered
authorization, the manner in which the entity with the
covered authorization shall indicate in the request
whether the entity is seeking a modification described
in subsection (h)(2)(B)(i)(I) or a modification
described in subsection (h)(2)(B)(i)(II);
``(E) for any license granted under subsection
(b)(1), grant of market access granted under subsection
(c)(1), or covered authorization, in a spectrum band
with service rules that require a licensee of such a
license, a grantee of such a grant, or an entity with a
covered authorization to share spectrum, specific
actions taken by such a licensee, grantee, or entity
with a covered authorization, or by any other entity
that is authorized to use such shared spectrum, that
constitute a failure to coordinate in good faith,
including whether withholding from another such
licensee, grantee, entity with a covered authorization,
or other entity information necessary to coordinate in
good faith that it is technically feasible to make
available to such licensee, grantee, entity with a
covered authorization, or other entity is such an
action;
``(F) for any license granted under subsection
(b)(1) or grant of market access granted under
subsection (c)(1), in a spectrum band with service
rules that require a licensee of such a license or a
grantee of such a grant to share spectrum (except with
respect to the use of a gateway station), a
quantifiable level of protection required under
subsection (h)(4);
``(G) rules that--
``(i) clarify, for purposes of subsection
(h)(1)(B), the protection from harmful
interference that, during the covered period,
an entity with a covered authorization that was
approved in a processing round is required to
provide to any other entity with a covered
authorization that was approved in an earlier
processing round; and
``(ii) seek to promote competition,
innovation, and efficient use of spectrum by
entities with covered authorizations, including
by accounting for advancements in technology
capable of managing interference concerns to
the greatest extent possible consistent with
clause (i); and
``(H) for any application or request for
modification described in subsection (n), what
constitutes reportable foreign ownership for purposes
of paragraph (1) of such subsection.
``(2) Conflict with interagency standard practices.--In the
rules issued pursuant to paragraph (1)(A), or any successor
rule, the Commission may not establish performance objectives
that conflict with any standard practice adopted by the
Secretary of Commerce.
``(b) Application for License.--
``(1) NGSO determination required.--Except as provided in
paragraph (5) and subsection (m), not later than 1 year after
the date on which the Commission issues a public notice of the
acceptance for filing of a written application submitted to the
Commission, the Commission shall make a determination whether
to grant such application for a license for radiocommunication
services using--
``(A) a nongeostationary orbit space station or
space stations;
``(B) a blanket-licensed earth station or earth
stations that will operate with a nongeostationary
orbit space station or space stations; or
``(C) a nongeostationary orbit space station or
space stations and the blanket-licensed earth station
or earth stations that will operate with the
nongeostationary orbit space station or space stations.
``(2) GSO determination required.--Except as provided in
paragraph (5) and subsection (m), not later than 1 year after
the date on which the Commission issues a public notice of the
acceptance for filing of a written application submitted to the
Commission, the Commission shall make a determination whether
to grant such application for a license for radiocommunication
services using--
``(A) a geostationary orbit space station or space
stations;
``(B) a blanket-licensed earth station or earth
stations that will operate with a geostationary orbit
space station or space stations; or
``(C) a geostationary orbit space station or space
stations and the blanket-licensed earth station or
earth stations that will operate with the geostationary
orbit space station or space stations.
``(3) Contents of application.--In addition to the
application requirements described in section 308(b), an
application submitted under paragraph (1) or (2) shall include
the following:
``(A) Performance metrics with respect to the
frequencies and transmission power to be used.
``(B) A demonstration of compliance by the
applicant with the performance objectives established
under subsection (a)(1)(A).
``(C) In the case of an application submitted under
paragraph (1)--
``(i) a description of compliance by the
applicant with the actions established under
subsection (a)(1)(E); and
``(ii) a demonstration of compliance by the
applicant with the quantifiable level of
protection established under subsection
(a)(1)(F).
``(4) Term of initial license.--The Commission shall grant
a license for a term not to exceed 15 years for any application
granted under this subsection.
``(5) Exceptions.--The deadline for the determination
required in paragraphs (1), (2), and (6) may be extended by the
Commission for an application subject to review under
subsection (n).
``(6) Timely grant of certain applications.--
``(A) In general.--Except as provided in paragraph
(5) and subsection (m), not later than 60 days after
the date on which the Commission issues a public notice
of the acceptance for filing of a written application
submitted to the Commission for a license described in
paragraph (1) with respect to which the applicant
indicates in the application that the application meets
the additional criteria described in subparagraph (B),
the Commission shall--
``(i) determine whether such application
meets the additional criteria described in
subparagraph (B); and
``(ii) if the determination under clause
(i) is affirmative, grant such application.
``(B) Criteria described.--The additional criteria
described in this subparagraph are as follows:
``(i) A limit on the number of space
stations authorized by the license, as
determined by the Commission.
``(ii) A limit on the total in-orbit
lifetime for any individual space station, as
determined by the Commission.
``(iii) For each space station, the
following:
``(I) A limit on the orbital
altitude at which the space station may
operate, as determined by the
Commission.
``(II) A requirement that the space
station has a maneuverability
capability and the ability to make
collision avoidance and deorbit
maneuvers, as determined by the
Commission.
``(III) A requirement that the
space station is identifiable by a
unique signal-based telemetry marker
that meets requirements issued by the
Commission.
``(IV) A requirement that the space
station releases no operational debris.
``(V) A requirement that the space
station can be commanded by command
originating from the ground to
immediately cease transmissions and the
applicant has the capability to
eliminate harmful interference when
required by the Commission.
``(iv) A requirement that the operator has
assessed and limited the probability of an
accidental explosion, including an explosion
that results from the conversion of energy
sources on board any space station into energy
that fragments the space station.
``(v) A limit on the probability of a
collision between each space station and any
other large object, as determined by the
Commission.
``(vi) A requirement that each space
station is disposed of post-mission and the
probability of human casualty from disposal
meets requirements issued by the Commission.
``(C) Criteria not met.--If the determination under
subparagraph (A)(i) with respect to an application is
negative, the Commission shall make a determination
whether to grant such application under paragraph (1)
by the deadline specified in such paragraph.
``(D) Evasion.--An application does not meet the
additional criteria described in subparagraph (B) if
the Commission determines that, taken together with any
other application or applications submitted by the
applicant under subparagraph (A) (including an
application that has been approved), such applications
are submitted with the purpose of evading a negative
determination with respect to such additional criteria.
``(E) Rule of construction.--For purposes of this
section (other than this paragraph), any reference to
an application submitted or granted or a license
granted under paragraph (1) shall be construed to
include an application submitted or granted or a
license granted (as the case may be) under subparagraph
(A).
``(F) Implementation.--
``(i) In general.--Not later than 60 days
after the date of the enactment of this
section, the Commission shall--
``(I) issue rules to implement this
paragraph; or
``(II) make the finding described
in clause (ii).
``(ii) Finding described.--If the
Commission finds that the rules of the
Commission, as of the date of the enactment of
this section, satisfy the requirements in this
paragraph, the Commission shall issue a public
notice stating such finding.
``(c) Application for Grant of Market Access.--
``(1) NGSO determination required.--After the date on which
the Commission issues a public notice of the acceptance for
filing of a written application submitted to the Commission,
the Commission shall make a determination whether to grant such
application for market access within the United States for
radiocommunication services using--
``(A) a nongeostationary orbit space station or
space stations; or
``(B) a nongeostationary orbit space station or
space stations and the blanket-licensed earth station
or earth stations that will operate with the
nongeostationary orbit space station or space stations.
``(2) GSO determination required.--After the date on which
the Commission issues a public notice of the acceptance for
filing of a written application submitted to the Commission,
the Commission shall make a determination whether to grant such
application for market access within the United States for
radiocommunication services using a geostationary orbit space
station or space stations.
``(3) Contents of application.--In addition to the
application requirements described in section 308(b), an
application submitted under paragraph (1) or (2) shall include
the following:
``(A) Performance metrics with respect to the
frequencies and transmission power to be used.
``(B) A demonstration of compliance by the
applicant with the performance objectives established
under subsection (a)(1)(A).
``(C) In the case of an application submitted under
paragraph (1)--
``(i) a description of compliance by the
applicant with the actions established under
subsection (a)(1)(E); and
``(ii) a demonstration of compliance by the
applicant with the quantifiable level of
protection established under subsection
(a)(1)(F).
``(4) Term of initial grant of market access.--The
Commission shall grant a grant of market access for a term not
to exceed 15 years for any application granted under this
subsection.
``(d) Earth Station Authorization.--
``(1) Determination required for individually licensed
earth stations.--Except as provided in paragraph (4) and
subsection (m), not later than 1 year after the date on which
the Commission issues a public notice of the acceptance for
filing of a written application submitted to the Commission,
the Commission shall make a determination whether to grant such
application for authorization to use an individually licensed
earth station.
``(2) Determination required for receive-only earth
stations.--Except as provided in paragraph (4) and subsection
(m), not later than 30 days after the date on which the
Commission issues a public notice of the acceptance for filing
of a written application submitted to the Commission, the
Commission shall make a determination whether to grant such
application for authorization to use an earth station or earth
stations to receive a signal from--
``(A) a nongeostationary orbit space station or
space stations operated under a license granted under
subsection (b)(1) or a grant of market access granted
under subsection (c)(1); or
``(B) a geostationary orbit space station or space
stations operated under a license granted under
subsection (b)(2) or a grant of market access granted
under subsection (c)(2).
``(3) Deemed granted.--If the Commission fails to grant or
deny a written application submitted under paragraph (1) or (2)
by the deadline for the determination required by such
paragraph (including any extension of such deadline under
paragraph (4) or subsection (m)), the application shall be
deemed granted on the date on which the Commission receives a
written notice by the applicant of the failure.
``(4) Exception.--The deadline for the determination
required by paragraph (1) or (2) may be extended by the
Commission for an application subject to review under
subsection (n).
``(5) Inapplicability to blanket-licensed earth stations.--
This subsection does not apply with respect to an earth station
or earth stations to the extent that the earth station or earth
stations will be blanket-licensed with a space station or space
stations as described in subsection (b)(1)(B), (b)(1)(C),
(b)(2)(B), (b)(2)(C), or (c)(1)(B).
``(e) Determination of Public Interest, Convenience, and
Necessity.--The Commission may not make a determination to grant an
application, renewal, or modification under subsection (b), (c), (d),
(f), or (g) (as the case may be) unless--
``(1) except in the case of a modification under subsection
(g)(2), the Commission determines that the license, grant, or
authorization (as the case may be) serves the public interest,
convenience, and necessity; and
``(2) the Commission determines that--
``(A) in the case of a licensee or grantee to which
subsection (h)(4) applies--
``(i) in the case of an application, except
in accordance with a coordination agreement,
the licensee or grantee will not, during the
term of the license or grant, exceed the
quantifiable level of protection established in
subsection (h)(4) in operating under the
license or grant;
``(ii) in the case of a renewal, except in
accordance with a coordination agreement, the
licensee or grantee has not exceeded, during
the preceding term of the license or grant, and
will not exceed, during the term of the renewal
of the license or grant, the quantifiable level
of protection established in subsection (h)(4)
in operating under the license or grant; and
``(iii) in the case of a modification,
except in accordance with a coordination
agreement, the licensee or grantee has not
exceeded, during the portion of the term of the
license or grant preceding the determination,
and will not exceed, during the remainder of
such term, the quantifiable level of protection
established in subsection (h)(4) in operating
under the license or grant; and
``(B) in the case of a licensee or grantee that is
required to protect radio astronomy observatories by
the International Telecommunication Union, the
application, request for renewal, or request for
modification demonstrates that the licensee or grantee
will provide such protection in operating under the
license or grant.
``(f) Renewal of License, Grant of Market Access, or
Authorization.--
``(1) In general.--Except as provided in section 309(k)(2),
the Commission shall grant a renewal for a license granted
under subsection (b), a grant of market access granted under
subsection (c), or an authorization granted under subsection
(d), upon request by the licensee, grantee, or entity with such
authorization (as the case may be), for a term not to exceed
the length of the initial term beginning the day after the date
on which the preceding term of the license, grant of market
access, or authorization expires, if the Commission determines
the requirements under subsection (e) and section 309(k) have
been met.
``(2) Deadline for determination.--Except as provided in
subsection (m), not later than 180 days after the date on which
the Commission receives a request for renewal of a license
granted under subsection (b), a grant of market access granted
under subsection (c), or an authorization granted under
subsection (d), the Commission shall--
``(A) grant such renewal; or
``(B) make the determination described in section
309(k)(3) and deny such renewal.
``(g) Modification of License; Grant of Market Access.--
``(1) Major modifications.--Except as provided in
paragraphs (2), (3), (5), and (6) and subsection (m), and not
later than 1 year after the date on which the Commission
receives a request to modify a license granted under subsection
(b)(1), the Commission shall grant the request if the
Commission determines the modification meets the requirements
under subsection (e). Except as provided in paragraphs (2),
(3), and (5), the Commission may grant a request to modify a
license granted under subsection (b)(2) or a grant of market
access granted under subsection (c) if the Commission
determines the modification meets the requirements under
subsection (e).
``(2) Expedited treatment for minor modifications.--
``(A) NGSO license modifications.--Except as
provided in paragraphs (3), (5), and (6) and subsection
(m), the Commission shall grant a request made by a
licensee to modify a license granted under subsection
(b)(1) not later than 90 days after the date on which
the Commission receives the request to modify if--
``(i) the Commission determines that the
modification or modifications meet the
requirements (if applicable) under
subparagraphs (A) and (B) of subsection (e)(2);
and
``(ii) the request is limited only to
modifications, or a class of modifications,
that--
``(I) increase transmission
capacity;
``(II) improve spectral efficiency,
such as by improving compression
technologies;
``(III) improve the orbital
variance efficiency of the space
station (or space stations, considered
collectively, if there is more than one
such space station) authorized by the
license; or
``(IV) otherwise do not
substantially modify the space station
(or space stations, considered
collectively, if there is more than one
such space station) authorized by the
license.
``(B) GSO license modifications.--Except as
provided in paragraphs (3), (5), and (6) and subsection
(m), the Commission shall grant a request made by a
licensee to modify a license granted under subsection
(b)(2) not later than 90 days after the date on which
the Commission receives the request to modify if--
``(i) the Commission determines that the
modification or modifications meet the
requirements (if applicable) under subsection
(e)(2)(B); and
``(ii) the request is limited only to
modifications, or a class of modifications,
that--
``(I) increase transmission
capacity;
``(II) improve spectral efficiency,
such as by improving compression
technologies; or
``(III) otherwise do not
substantially modify the space station
(or space stations, considered
collectively, if there is more than one
such space station) authorized by the
license.
``(C) Deemed granted.--If the Commission fails to
grant a request made by a licensee under subparagraph
(A) or (B) by the deadline specified in such
subparagraph (including any extension of such deadline
under paragraph (6) or subsection (m)), the request
shall be deemed granted on the date on which the
Commission receives a written notice by the licensee of
the failure.
``(3) Emergency grant, renewal, or modification.--If the
Commission finds that there are extraordinary circumstances
requiring temporary operations in the public interest and that
delay in the institution of such temporary operations would
seriously prejudice the public interest, the Commission--
``(A) may grant a license described in subsection
(b), a grant of market access described in subsection
(c), or an authorization described in subsection (d), a
modification of such a license, grant of market access,
or authorization, or renewal of such a license, grant
of market access, or authorization for a period not to
exceed 180 days in a manner and upon the terms the
Commission shall by rule prescribe in the case of an
emergency found by the Commission involving--
``(i) danger to life or property; or
``(ii) an action that is necessary for the
national defense or security of the United
States;
``(B) shall include with a grant made under this
paragraph a statement of the reasons of the Commission
for making such grant;
``(C) may extend a grant made under this paragraph
for periods not to exceed 180 days; and
``(D) shall give expeditious treatment to any
timely filed petition to deny such application and to
any petition for rehearing of such grant filed under
section 405.
``(4) Exclusion.--Paragraph (2) shall not apply to a
request to modify a license for--
``(A) the addition of an ancillary terrestrial
component; or
``(B) modifying the service offered under the
initial license granted under subsection (b) between
fixed satellite service and mobile satellite service.
``(5) Automatic grant of certain modifications.--Upon
notification to the Commission, the Commission may
automatically grant a request to modify a license granted under
subsection (b), a grant of market access granted under
subsection (c), an authorization granted under subsection (d),
or a covered authorization, to replace--
``(A) one space station (or component of such space
station) with a technically similar space station (or
component of such space station) previously approved by
the Commission; or
``(B) one earth station (or component of such earth
station) with a technically similar earth station (or
component of such earth station) previously approved by
the Commission.
``(6) Exceptions.--The deadlines under paragraphs (1) and
(2) may be extended by the Commission for a request subject to
review under subsection (n).
``(h) Shared Spectrum; Protection From Harmful Interference.--
``(1) Grandfathered treatment and sunset of certain
authorizations.--For the duration of the covered period--
``(A) a covered authorization shall not be treated
as being granted under subsection (b)(1) or subsection
(c)(1) (as the case may be); and
``(B) an entity with a covered authorization shall
be afforded, and shall afford to any other entity with
a covered authorization, protection from harmful
interference that is consistent with the terms of such
protection afforded before the date of the enactment of
this section.
``(2) Transitional rules.--
``(A) Renewal under this section.--An entity with a
covered authorization may, at any time before the end
of the covered period, seek renewal of the covered
authorization under subsection (f) as if the covered
authorization were a license granted under subsection
(b)(1) or a grant of market access granted under
subsection (c)(1) (as the case may be). If the
Commission grants the renewal, the renewal shall be
treated as a renewal of a license granted under
subsection (b)(1) or a grant of market access granted
under subsection (c)(1) (as the case may be).
``(B) Modification.--
``(i) Indication of type of modification
sought.--If an entity with a covered
authorization submits to the Commission a
request to modify the covered authorization,
the entity shall indicate in the request
whether the entity is seeking--
``(I) a modification of the covered
authorization under the law and
regulations applicable to the covered
authorization; or
``(II) a modification of the
covered authorization under subsection
(g) as if the covered authorization
were a license granted under subsection
(b)(1) or a grant of market access
granted under subsection (c)(1) (as the
case may be).
``(ii) Treatment.--If the Commission grants
a request to modify a covered authorization--
``(I) in the case of a request for
a modification described in clause
(i)(I), the covered authorization as
modified shall continue to be treated
as described in paragraph (1)(A) and
the entity with the covered
authorization shall, with respect to
the covered authorization, continue to
be afforded, and to afford to any other
entity with a covered authorization,
the protection described in paragraph
(1)(B); and
``(II) in the case of a request for
a modification described in clause
(i)(II), the covered authorization as
modified shall be treated as a license
granted under subsection (b)(1) or a
grant of market access granted under
subsection (c)(1) (as the case may be)
with respect to which a request to
modify has been granted under
subsection (g).
``(3) Good faith coordination of shared spectrum.--Not
later than the date on which the rules issued pursuant to
subsection (a) take effect--
``(A) a licensee of a license granted under
subsection (b)(1), a grantee of a grant of market
access granted under subsection (c)(1), or an entity
with a covered authorization, in a spectrum band with
service rules that require such a licensee, grantee, or
entity to share spectrum, shall make a good faith
effort to coordinate the use of such shared spectrum
(including the use of such shared spectrum by an
individually licensed earth station) with any other
such licensee, grantee, or entity with a covered
authorization and any other entity that is authorized
to use such shared spectrum; and
``(B) any other entity that is authorized to use
such shared spectrum shall make a good faith effort to
coordinate the use of such shared spectrum with any
such licensee, grantee, or entity with a covered
authorization.
``(4) Protection from harmful interference.--Not later than
the date on which the rules issued pursuant to subsection (a)
take effect, for any spectrum band in which the Commission
grants a license under subsection (b)(1) or a grant of market
access under subsection (c)(1) and for which the service rules
require such a licensee or grantee to share spectrum (except
with respect to the use of a gateway station), the Commission
shall establish a quantifiable level of protection that (except
with respect to the use of a gateway station) such a licensee
or grantee shall afford to any other entity (including an
entity with a covered authorization but not including a
licensee of a license granted under subsection (b)(2) or a
grantee of a grant of market access granted under subsection
(c)(2)) that is authorized to use such shared spectrum.
``(5) Consideration required.--When establishing the
quantifiable level of protection described in paragraph (4),
the Commission shall, with respect to the entities to which the
quantifiable level of protection is required under such
paragraph to be afforded--
``(A) consider protection of such entities based on
a degraded throughput methodology, requiring that,
except in accordance with a coordination agreement, a
licensee of a license granted under subsection (b)(1)
or a grantee of a grant of market access granted under
subsection (c)(1) may cause no more than a certain
percentage increase in the link unavailability of such
an entity and may reduce the throughput of such an
entity by no more than a certain percentage;
``(B) consider protection of such entities from
interference beyond a permissible interference-to-noise
ratio, or whether interference-to-noise alone provides
a sufficient level of protection; and
``(C) consider protection of such entities from
harmful interference by awarding a greater share of
spectrum during in-line events to earlier-filed
systems.
``(6) Relation to itu radio regulations.--Nothing in this
subsection shall be construed to require the Commission to
adopt rules regarding the use of spectrum that contravene a
requirement of the radio regulations of the International
Telecommunication Union.
``(7) Rule of construction.--An entity with a covered
authorization shall not be required to submit additional
information in order to retain such authorization, nor shall
paragraph (1) affect any obligation of such entity under
applicable law or regulation until the end of the covered
period.
``(i) State Preemption of Market Entry; Rates.--Notwithstanding any
other provision of law, no State or local government shall have any
authority to regulate the entry of or the rates charged by an applicant
or licensee related to a license granted under subsection (b), an
applicant or grantee related to a grant of market access granted under
subsection (c), or an applicant or entity related to an authorization
granted under subsection (d), except that this subsection shall not
prohibit a State from regulating the other terms and conditions of such
a licensee, grantee, or entity.
``(j) Regulatory Restraint.--
``(1) Limitation on information required to be provided.--
In performing any act, making any rule or regulation, or
issuing any order necessary to carry out this section, the
Commission--
``(A) shall limit the information required to be
furnished to the Commission;
``(B) shall demonstrate the Commission has taken
every reasonable step to limit the information required
to be furnished to the Commission;
``(C) may not require, with respect to an
application under subsection (b), (c), or (d), a
request for renewal under subsection (f), or a request
for modification under subsection (g), the filing of
any information which previously has been furnished to
the Commission or which is not directly material to the
considerations that affect the granting or denial of
such application or request (but the Commission may
require any new or additional facts the Commission
deems necessary to make its findings); and
``(D) may not request additional information
regarding the performance objectives established under
subsection (a)(1)(A) for any case in which an applicant
has demonstrated compliance with such performance
objectives.
``(2) Deadline for petition determination.--If an applicant
for a license or a licensee under subsection (b) files a
petition under part 1 of title 47, Code of Federal Regulations
(or any successor regulation) relating to information required
to be furnished to the Commission under this section, the
Commission shall grant or deny the petition within 90 days
after the date on which the petition is filed.
``(k) Relation to Experimental and Amateur Uses.--This section
shall not apply to any Commission authorization in--
``(1) the experimental radio service; or
``(2) the amateur radio service.
``(l) Completeness.--
``(1) In general.--Not later than 20 business days after
receiving a written application submitted under subsection (b),
(c), or (d), the Commission shall--
``(A) determine whether--
``(i) such application contains--
``(I) in the case of an application
submitted under subsection (b), all of
the information required to be
submitted with the application under
subsection (b)(3) and the first
sentence of section 308(b);
``(II) in the case of an
application submitted under subsection
(c), all of the information required to
be submitted with the application under
subsection (c)(3) and the first
sentence of section 308(b); or
``(III) in the case of an
application submitted under subsection
(d), all of the information required to
be submitted with the application under
the first sentence of section 308(b);
and
``(ii) the applicant has paid the fee (if
any) required under section 8 in connection
with the application; and
``(B) either--
``(i) if both determinations under
subparagraph (A) are in the affirmative, issue
a public notice of the acceptance for filing of
such application; or
``(ii) if either determination under
subparagraph (A) is in the negative, provide
notice to the applicant of the negative
determination, including what information that
was required to be submitted was not submitted
or the amount of the application fee due, or
both (as the case may be).
``(2) Inaction by commission.--If the Commission does not
comply with paragraph (1) with respect to an application by the
deadline specified in such paragraph, the Commission shall be
deemed for purposes of subsection (b), (c), or (d) (as the case
may be) to have issued a public notice of the acceptance for
filing of such application on the date that is 21 business days
after the date on which such application was received.
``(3) Limitation.--In making a determination under
paragraph (1)(A)(i), the Commission may only consider whether
the application contains the information described in subclause
(I), (II), or (III) (as the case may be) of such paragraph and
may not consider whether the information is sufficient to allow
the Commission to grant or deny the application.
``(m) Tolling.--
``(1) In general.--Except as provided in subsections
(b)(5), (d)(4), and (g)(6), with respect to an application for
a license under subsection (b) or an authorization under
subsection (d), or a request for renewal under subsection (f)
or modification under subsection (g) of a license granted under
subsection (b), a grant of market access granted under
subsection (c), or an authorization granted under subsection
(d), the Commission may extend the deadline under subsection
(b), (d), (f), or (g) (as the case may be) for consideration of
the application or request only if the Commission--
``(A) finds that there are extraordinary
circumstances requiring additional time for
consideration of the application or request such that,
if the deadline were not extended, the public interest
would be seriously prejudiced; and
``(B) issues a public notice of the finding
described in subparagraph (A) that states--
``(i) the reasons of the Commission for the
extension; and
``(ii) the length of the period of the
extension.
``(2) Length.--The Commission may not grant an extension of
a deadline under paragraph (1) for a period that exceeds 90
days but may grant 1 or more additional extensions of such
deadline under such paragraph, if the Commission makes the
finding and issues the public notice required by such paragraph
with respect to any such additional extension.
``(n) Review for National Security and Law Enforcement Concerns.--
``(1) Review required for entities with reportable foreign
ownership.--In the case of an application under subsection (b),
(c), or (d), a request for modification under subsection (g),
or a request for modification of a covered authorization that
is submitted by an entity that the Commission determines to
have reportable foreign ownership, the Commission shall refer
such application or request to the Committee for the Assessment
of Foreign Participation in the United States
Telecommunications Services Sector established by Executive
Order No. 13913 (85 Fed. Reg. 19643) (in this subsection
referred to as the `Committee') for review of national security
and law enforcement concerns that may be raised by such
application or request.
``(2) Review at discretion of commission.--In addition to
the applications and requests that the Commission is required
to refer to the Committee under paragraph (1), the Commission
may, in the discretion of the Commission, refer any other
application under subsection (b), (c), or (d), request for
modification under subsection (g), or request for modification
of a covered authorization to the Committee for review of
national security and law enforcement concerns that may be
raised by such application or request.
``(o) Clarification Relating to Shared Spectrum.--
``(1) In general.--For purposes of this section--
``(A) spectrum shall only be treated as being
shared if more than 1 entity described in paragraph (2)
is authorized to use the same frequencies of such
spectrum; and
``(B) the spectrum between the frequencies of
1617.775 megahertz and 1618.725 megahertz, inclusive,
shall not be treated as being shared.
``(2) Entity described.--The entities described in this
paragraph are the following:
``(A) A licensee of a license granted under
subsection (b)(1).
``(B) A grantee of a grant of market access granted
under subsection (c)(1).
``(C) An entity with a covered authorization.
``(p) Definitions.--In this section:
``(1) Covered application.-- The term `covered application'
means an application for a license or grant of market access to
operate a system described in subparagraph (A), (B), or (C) of
subsection (b)(1) or subparagraph (A) or (B) of subsection
(c)(1) in a processing round established before December 31,
2022, that is pending on the date of the enactment of this
section.
``(2) Covered authorization.--The term `covered
authorization' means--
``(A) a license or grant of market access granted
by the Commission to operate a system described in
subparagraph (A), (B), or (C) of subsection (b)(1) or
subparagraph (A) or (B) of subsection (c)(1) in a
processing round established before December 31, 2022;
or
``(B) a license or grant of market access granted
by Commission approval of a covered application.
``(3) Covered period.--The term `covered period' means,
with respect to a covered authorization, the period of time
that begins on the date of the enactment of this section and
ends on the earliest of--
``(A) the date on which the covered authorization
expires;
``(B) the date that is 15 years after such date of
enactment;
``(C) the date on which the Commission determines
that the licensee or grantee (as the case may be) has
not either--
``(i) deployed a level of service
commensurate with the terms of the license or
grant of market access; or
``(ii) otherwise demonstrated progress and
investment consistent with the deployment
obligations under the license or grant of
market access;
``(D) the date on which the Commission grants a
request to renew the covered authorization; or
``(E) the date on which the Commission grants a
request for a modification of the covered authorization
described in subsection (h)(2)(B)(i)(II).
``(4) Gateway station.--The term `gateway station' means an
earth station or a group of earth stations that--
``(A) supports the routing and switching functions
of a system operated under a license granted under
subsection (b) or a grant of market access granted
under subsection (c);
``(B) may also be used for telemetry, tracking, and
command transmissions;
``(C) does not originate or terminate communication
traffic; and
``(D) is not for the exclusive use of any customer.
``(5) Individually licensed earth station.--The term
`individually licensed earth station' means--
``(A) an earth station that sends a signal to, and
receives a signal from--
``(i) a nongeostationary orbit space
station or space stations operated under a
license granted under subsection (b)(1) or a
grant of market access granted under subsection
(c)(1); or
``(ii) a geostationary orbit space station
or space stations operated under a license
granted under subsection (b)(2) or a grant of
market access granted under subsection (c)(2);
or
``(B) a gateway station.
``(6) Orbital variance efficiency.--The term `orbital
variance efficiency' means the mean of the distance between the
actual altitude of each space station and the authorized
altitude for each space station authorized under subsection
(b)(1).
``(7) Radiocommunication service.--The term
`radiocommunication service' has the meaning given such term in
the radio regulations of the International Telecommunication
Union that are in force as of the date of the enactment of this
section (or any successor to such regulations).''.
(b) Relation to Other Law Amendments.--The Communications Act of
1934 (47 U.S.C. 151 et seq.) is amended--
(1) in section 309(j)(2)--
(A) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) for licenses, grants of market access, or
authorizations granted under section 346; or''; and
(2) in section 309(k)--
(A) in the heading, by striking ``Broadcast Station
Renewal Procedures'' and inserting ``Renewal Procedures
for Certain Authorizations'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``, the licensee
of a license granted under section
346(b), the grantee of a grant of
market access granted under section
346(c), or an entity with authorization
granted under section 346(d),'' after
``broadcast station'';
(II) by inserting ``, grant, or
authorization'' after ``such license'';
(III) by striking ``that station''
and inserting ``that licensee, grantee,
or entity''; and
(IV) by inserting ``, grant of
market access, or authorization'' after
``its license'';
(ii) in subparagraph (A), by striking ``the
station'' and inserting ``in the case of a
broadcast station, the station'';
(iii) by redesignating subparagraphs (B)
and (C) as subparagraphs (C) and (D),
respectively;
(iv) by inserting after subparagraph (A)
the following:
``(B) in the case of a licensee of a license
granted under section 346(b), a grantee of a grant of
market access granted under section 346(c), or an
entity with authorization granted under section 346(d),
the licensee, grantee, or entity has met the
requirements of section 346(e);'';
(v) in subparagraph (C), as so
redesignated, by inserting ``, grantee, or
entity'' after ``licensee''; and
(vi) in subparagraph (D), as so
redesignated, by inserting ``, grantee, or
entity'' after ``licensee'';
(C) in paragraph (2), by inserting ``, or the
licensee of a license granted under section 346(b), the
grantee of a grant of market access granted under
section 346(c), or an entity with authorization granted
under section 346(d),'' after ``broadcast station'';
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``of a broadcast station, a
licensee of a license granted under section
346(b), a grantee of a grant of market access
granted under section 346(c), or an entity with
authorization granted under section 346(d)''
after ``that a licensee'';
(ii) in subparagraph (A)--
(I) by inserting ``, grantee, or
entity'' after ``licensee''; and
(II) by inserting ``or 346'' after
``section 308''; and
(iii) in subparagraph (B), by striking
``former licensee'' and inserting ``former
licensee of a broadcast station or such
applications for a license, grant of market
access, or authorization as may be filed under
section 346(b), 346(c), or 346(d) specifying
the information of the former licensee,
grantee, or entity''; and
(E) in paragraph (4), by inserting ``, grant of
market access, or authorization'' after ``license''.
(c) Applicability.--The requirements in the amendments made by this
section apply with respect to any application submitted under
subsection (b), (c), or (d) of section 346 of the Communications Act of
1934 and any request for renewal or modification submitted under such
section, as added by subsection (a), on or after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 23 - 0 .
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 44 - 0.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-157.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-157.
Placed on the Union Calendar, Calendar No. 125.
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Mr. Latta moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3919-3928; text: CR H3919-3924)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1338.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3934)
Failed of passage/not agreed to in House On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 250 - 163, 1 Present (Roll no. 365).
Roll Call #365 (House)On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 250 - 163, 1 Present (Roll no. 365).
Roll Call #365 (House)