[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.
                                 <all>