[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9463 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9463
To amend the Communications Act of 1934 to provide authority for
certain licenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2022
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 of 2022'' or the ``SAT Streamlining Act of 2022''.
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. 345. 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, title 47, Code of Federal Regulations,
to establish for each license granted under subsection (b) or
any request for a grant of market access granted under
subsection (c)--
``(A) in accordance with paragraph (2), specific,
measurable, and technology-neutral performance
objectives for space safety and orbital debris;
``(B) specific modifications (or classes of
modifications) to a license granted under subsection
(b)(1) that warrant expedited treatment under
subsection (g)(2);
``(C) specific actions taken by a licensee of a
license granted under subsection (b)(1) or a grantee
that has been granted market access under subsection
(c)(1) that constitute a failure to coordinate in good
faith;
``(D) a quantifiable level of protection required
under subsection (h)(4); and
``(E) the manner in which an applicant shall notify
the Commission of a request to submit a modification
under subsection (g)(5).
``(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 established in the
Orbital Debris Mitigation Standard Practices adopted by the
United States Government.
``(b) Application for License.--
``(1) NGSO determination required.--Notwithstanding
sections 4(i), 303(r), and 303(y) and the authority of the
Commission to require such other information under section
308(b) and consider such other matters under section 309(a),
and except as provided in paragraph (5), not later than 1 year
after the date on which a written application is submitted to
the Commission, the Commission shall make a determination
whether to grant such application for a license for--
``(A) a nongeostationary orbit space station or
space-station constellation and an earth station or
earth stations;
``(B) a nongeostationary orbit space station and
the blanket-licensed earth stations that will operate
with the nongeostationary orbit space station; or
``(C) a nongeostationary orbit space-station
constellation and the blanket-licensed earth stations
that will operate with the nongeostationary orbit
space-station constellation.
``(2) GSO determination required.--Not later than 1 year
after the date on which a written application is submitted to
the Commission and except as provided in paragraph (5), the
Commission shall make a determination whether to grant such
application for a license for a geostationary orbit space
station or space-station constellation and earth 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 description of compliance by the applicant
with the performance objectives and actions established
under subparagraph (A) of subsection (a)(1) and, in the
case of an application submitted under paragraph (1) of
this subsection, subparagraphs (C) and (D) of
subsection (a)(1).
``(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) and (2) may be extended by the
Commission for an application subject to review under section
310(d).
``(6) Timely grant of certain applications.--
``(A) Grant of application required.--Not later
than 60 days after the date on which the Commission
receives a written application for a license described
in paragraph (1) that the Commission determines meets
the additional criteria described in subparagraph (B),
the Commission shall 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 a constellation contains, 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 each
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 through
atmospheric re-entry and the probability of
human casualty from such re-entry meets
requirements issued by the Commission.
``(C) Implementation.--Not later than 60 days after
the date of the enactment of this subparagraph, the
Commission shall--
``(i) issue rules to implement this
paragraph; or
``(ii) make the finding described in
subparagraph (D).
``(D) Finding described.--If the Commission finds
that the rules of the Commission, as of the date of the
enactment of this paragraph, satisfy the requirements
in this paragraph, the Commission shall issue a public
notice stating such finding.
``(c) Application for Grant of Market Access.--
``(1) Determination required.--Notwithstanding sections
4(i), 303(r), and 303(y) and the authority of the Commission to
require such other information under section 308(b) and
consider such other matters under section 309(a), the
Commission shall make a determination whether to grant a
written application submitted to the Commission for market
access within the United States for--
``(A) a nongeostationary orbit space station or
space-station constellation and an earth station or
earth stations;
``(B) a nongeostationary orbit space station and
the blanket-licensed earth stations that will operate
with the nongeostationary orbit space station; or
``(C) a nongeostationary orbit space-station
constellation and the blanket-licensed earth stations
that will operate with the nongeostationary orbit
space-station constellation.
``(2) Contents of application.--In addition to the
application requirements described in section 308(b), an
application submitted under this subsection shall include the
following:
``(A) Performance metrics with respect to the
frequencies and transmission power to be used.
``(B) A description of compliance by the applicant
with the performance objectives and actions established
under subparagraphs (A), (C), and (D) of subsection
(a)(1).
``(3) 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.--Notwithstanding sections
4(i), 303(r), 303(y), and 309(a) and subsections (a) through
(c) and (e) through (j) of this section, not later than 1 year
after the date on which a written application is submitted to
the Commission, the Commission shall make a determination
whether to grant such application for authorization to use an
earth station (including a gateway station) to receive a signal
from--
``(A) a nongeostationary orbit satellite or
nongeostationary orbit satellite system; or
``(B) a geostationary orbit satellite or
geostationary orbit satellite system.
``(2) Deemed granted.--If the Commission does not grant or
deny a written application submitted under paragraph (1) within
60 days after the date on which the application is submitted to
the Commission, except as provided in paragraph (3), the
application shall be deemed granted on the date on which the
Commission receives a written notice of the failure by the
applicant.
``(3) Exception.--The deadline for the determination
required in paragraph (1) may be extended by the Commission for
an application subject to review under section 310(d).
``(e) Determination of Public Interest, Convenience, and
Necessity.--Before making a determination to grant an application,
renewal, or modification under subsection (b), (c), (d), (f), or (g)
(as the case may be), the Commission shall determine if the license,
grant, or authorization (as the case may be) serves the public
interest, convenience, and necessity, including--
``(1) in the case of a license or grant to which subsection
(h)(4) applies, the license or grant does not exceed the
quantifiable level of protection established in subsection
(h)(4); and
``(2) in the case of a license or grant that is required to
protect radio astronomy observatories by the International
Telecommunication Union, the application, renewal, or
modification demonstrates that such protection will be
provided.
``(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 issued under
subsection (b), a grant of market access under subsection (c),
or an authorization granted under subsection (d), upon request
by an applicant for a term not to exceed the length of the
initial term beginning the day after the date on which the
previous 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.--Not later than 180 days
after the date on which the Commission receives a request for
renewal of a license issued under subsection (b), a grant of
market access under subsection (c), or an authorization granted
under subsection (d), the Commission shall--
``(A) grant or deny such renewal; or
``(B) make the determination described in section
309(k)(3).
``(g) Modification of License; Grant of Market Access.--
``(1) Major modifications.--Except as provided in
paragraphs (2), (3), (5), and (6), and not later than 1 year
after the date on which the Commission receives a request to
modify an application granted under subsection (b)(1), the
Commission shall grant the request if the Commission determines
the modification meets the requirement of subsection (e). The
Commission may grant a request to modify an application
submitted under subsection (b)(2) or subsection (c) if the
Commission determines the modification meets the requirement of
subsection (e).
``(2) Expedited treatment for minor modifications.--Except
as provided in paragraphs (3), (5), and (6), the Commission
shall grant a request made by an applicant to modify an
application granted under subsection (b)(1) not later than 90
days after the date on which the Commission receives the
request to modify if--
``(A) the request does not exceed the quantifiable
level of protection described in subsection (h)(4); and
``(B) 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 constellation; or
``(iv) otherwise do not substantially
modify the constellation.
``(3) Emergency 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 license, grant of market access,
or authorization, or renewal of such license, grant of
market access, or authorization for 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 and mobile service.
``(5) Automatic grant of certain modifications.--Upon
notification to the Commission, the Commission may
automatically grant a request to modify an application granted
under subsection (b), (c), or (d) or a covered authorization,
to replace 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.
``(6) Exceptions.--The deadlines under paragraphs (1) and
(2) may be extended by the Commission for a request subject to
review under section 310(d).
``(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) the Commission shall protect an entity with a
covered authorization from harmful interference
consistent with the terms of such protection afforded
before the date of the enactment of this section.
``(2) Transitional rule.--After the expiration of the
covered period, an entity with a covered authorization may seek
renewal for a license or grant of market access under
subsection (f).
``(3) Good faith coordination of shared spectrum.--Not
later than the date on which the rules issued pursuant to
subsection (a) take effect, a licensee of a license granted
under subsection (b)(1), a grantee 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 licensees or grantees to share spectrum, shall
make a good faith effort to coordinate the use of spectrum with
any other licensee or grantee authorized in the spectrum band
in which another license was granted under subsection (b)(1),
another grantee was granted under subsection (c)(1), or another
entity was granted authorization to use spectrum in such band.
``(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), the Commission shall establish
a quantifiable level of protection that a licensee of a license
granted under subsection (b)(1) or a grantee of market access
granted under subsection (c)(1) shall afford to any other
licensee or grantee authorized in the spectrum band in which
another license was granted under subsection (b)(1), another
grantee was granted under subsection (c)(1), or another entity
was granted authorization to use spectrum in such band.
``(5) Consideration required.--When establishing the
quantifiable level of protection described in paragraph (4),
the Commission shall ensure the benefit to improved
coordination among licensees and grantees outweighs any costs
associated with the implementation of such protection.
``(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 by 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
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
under subsection (d), except that this subsection shall not prohibit a
State from regulating the other terms and conditions of such licensee,
grantee, or entity.
``(j) Regulatory Restraint.--
``(1) Limitation of information provided.--In addition to
the requirements described in section 307(c)(2), 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; and
``(C) may not request additional information
regarding the performance objectives established in
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, 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) 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 subparagraphs (A) through (C) of
subsection (b)(1) or subparagraphs (A) through (C) 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
subparagraphs (A) through (C) of subsection (b)(1) or
subparagraphs (A) through (C) of subsection (c)(1) in a
processing round established before December 31, 2022,
that has deployed a level of service commensurate with
the terms of the license or grant of market access; 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; or
``(C) the date on which the Commission grants a
request to modify the covered authorization that would
be a major modification under subsection (g) if the
covered authorization were a license granted under
subsection (b)(1) or a grant of market access granted
under subsection (c)(1).
``(4) 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).''.
(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 the matter preceding subparagraph (A), by
inserting ``, grants of market access,
authorizations,'' after ``licenses'';
(B) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following new subparagraph:
``(C) for licenses, grants of market access, or
authorizations granted under section 345; or'';
(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
345(b), the grantee of a grant of
market access granted under section
345(c), or an entity with authorization
granted under section 345(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 345(b), a grantee of a grant of
market access granted under section 345(c), or an
entity with authorization granted under section 345(d),
the licensee, grantee, or entity has served the public
interest, convenience, and necessity in accordance with
section 345(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 345(b), the
grantee of a grant of market access under section
345(c), or an entity with authorization granted under
section 345(d),'' after ``broadcast station''; and
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``that a licensee'' and
inserting ``that a broadcast station, a
licensee of a license granted under section
345(b), a grantee of market access granted
under section 345(c), or an entity with
authorization granted under section 345(d)'';
(ii) in subparagraph (A), by inserting ``or
345'' after ``section 308''; and
(iii) in subparagraph (B), by inserting
``or under section 345 specifying the
information required by the Commission under
section 345(b)(3), section 345(c)(2), or
section 345(d)(1) (as the case may be) of the
former licensee, grantee, or entity'' after
``former licensee''; and
(3) in section 310(b), by inserting ``or license, grant of
market access, or authorization granted under subsection (b),
(c), or (d) of section 345'' after ``radio station 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 345 of the Communications Act of
1934 and any request for renewal or modification under such section, as
added by subsection (a), on or after the date of the enactment of this
Act.
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