[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1338 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 125
118th CONGRESS
  1st Session
                                H. R. 1338

                          [Report No. 118-157]

   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

                             July 25, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                3, 2023]


_______________________________________________________________________

                                 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), 
                grant of market access granted under subsection (c), 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 such a 
                covered authorization to share spectrum with another 
                such licensee, grantee, or entity with a covered 
                authorization that is authorized to use the same 
                frequencies of such 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 frequencies, 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, a 
                grantee of such a grant, or an entity with a covered 
                authorization to share spectrum (except with respect to 
                the use of a gateway station) with another such 
                licensee, grantee, or entity with a covered 
                authorization that is authorized to use the same 
                frequencies of such spectrum, a quantifiable level of 
                protection required under subsection (h)(4);
                    ``(G) rules that--
                            ``(i) clarify, for purposes of subsection 
                        (h)(1)(A)(ii), 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 established in the 
        Orbital Debris Mitigation Standard Practices adopted by the 
        United States Government.
    ``(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 (including any amendment to such 
        application) for a license for covered 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 (including any amendment to such 
        application) for a license for covered 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) A description of compliance by the applicant 
                with the actions established under subsection 
                (a)(1)(E), if applicable.
                    ``(D) In the case of an application submitted under 
                paragraph (1), a demonstration of compliance by the 
                applicant with the quantifiable level of protection 
                established under subsection (a)(1)(F), if applicable.
            ``(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 
                        (including any amendment to such application) 
                        meets the additional criteria described in 
                        subparagraph (B); and
                            ``(ii) if the determination under clause 
                        (i) is affirmative, grant such application 
                        (including any amendment to 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 (including any 
                amendment to 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 18 months 
                        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 (including any amendment to such application) for 
        market access within the United States for covered 
        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.--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 (including any amendment to such application) for 
        market access within the United States for covered 
        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) A description of compliance by the applicant 
                with the actions established under subsection 
                (a)(1)(E), if applicable.
                    ``(D) In the case of an application submitted under 
                paragraph (1), a demonstration of compliance by the 
                applicant with the quantifiable level of protection 
                established under subsection (a)(1)(F), if applicable.
            ``(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 (including any amendment to 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 (including any amendment to 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 (including any amendment to such 
        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 (including any amendment to 
        such 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), (c)(1)(B), or (c)(1)(C).
    ``(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 request (including any amendment 
                to such request); or
                    ``(B) make the determination described in section 
                309(k)(3) and deny such request (including any 
                amendment to such request).
    ``(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 (including any 
        amendment to such 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 (including any amendment to such 
        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), and not later than 90 days 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 (including any amendment to such 
                request) 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), and not later than 90 days after the date on which 
                the Commission receives a request to modify a license 
                granted under subsection (b)(2), the Commission shall 
                grant the request (including any amendment to such 
                request) 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 (including any amendment to such 
                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 
                (including any amendment to such 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.--
                    ``(A) In general.--For the duration of the covered 
                period--
                            ``(i) a covered authorization shall not be 
                        treated as being granted under subsection 
                        (b)(1) or subsection (c)(1) (as the case may 
                        be); and
                            ``(ii) 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.
                    ``(B) Treatment of certain applications.--The 
                Commission shall dismiss without prejudice any 
                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), (B), or 
                (C) of subsection (c)(1) that is submitted to the 
                Commission after the date of the enactment of this 
                section and before the date on which the rules issued 
                pursuant to subsection (a) take effect.
            ``(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)(i) 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)(A)(ii); 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), a grantee of a grant of market access 
                granted under subsection (c), or an entity with a 
                covered authorization, in a spectrum band with service 
                rules that require such a licensee, grantee, or entity 
                with a covered authorization to share spectrum with 
                another such licensee, grantee, or entity with a 
                covered authorization that is authorized to use the 
                same frequencies of such spectrum, shall make a good 
                faith effort to coordinate the use of such frequencies 
                (including the use of such frequencies 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 frequencies; and
                    ``(B) any other entity that is authorized to use 
                such frequencies shall make a good faith effort to 
                coordinate the use of such frequencies with any such 
                licensee, grantee, or entity with a covered 
                authorization.
            ``(4) Protection from harmful interference.--
                    ``(A) In general.--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 or an 
                entity with a covered authorization to share spectrum 
                (except with respect to the use of a gateway station) 
                with another such licensee, grantee, or entity with a 
                covered authorization that is authorized to use the 
                same frequencies of such spectrum, 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 frequencies.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                with respect to--
                            ``(i) the spectrum between the frequencies 
                        of 1617.775 megahertz and 1618.725 megahertz, 
                        inclusive; or
                            ``(ii) any spectrum band allocated for the 
                        earth exploration satellite service.
            ``(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)(A) 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) 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), (B), or (C) of 
        subsection (c)(1) 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), (B), or (C) of subsection (c)(1) that 
                is in effect on the date of the enactment of this 
                section; 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 that is 11 years after such date of 
                enactment;
                    ``(B) 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;
                    ``(C) the date on which the Commission grants a 
                request to renew the covered authorization; or
                    ``(D) 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) Covered radiocommunication service.--The term 
        `covered radiocommunication service' means a radiocommunication 
        service (as defined 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)), except that such term does not include any 
        radionavigation or safety service specifically identified by 
        the Commission as a safety service for aeronautical or maritime 
        transportation.
            ``(5) 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.
            ``(6) Individually licensed earth station.--The term 
        `individually licensed earth station' means--
                    ``(A) an earth station (other than a blanket-
                licensed 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.
            ``(7) 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 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.
                                                 Union Calendar No. 125

118th CONGRESS

  1st Session

                               H. R. 1338

                          [Report No. 118-157]

_______________________________________________________________________

                                 A BILL

   To amend the Communications Act of 1934 to provide authority for 
               certain licenses, and for other purposes.

_______________________________________________________________________

                             July 25, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed