[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[House]
[Pages H3919-H3928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SATELLITE AND TELECOMMUNICATIONS STREAMLINING ACT
Mr. LATTA. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1338) to amend the Communications Act of 1934 to provide
authority for certain licenses, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1338
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);
[[Page H3920]]
``(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.
``(3) Rules of construction.--
``(A) Space situational awareness services and
information.--Nothing in this subsection, including the rules
issued pursuant to paragraph (1)(A), shall be construed to
grant the Commission authority to carry out the functions
provided under section 2274 of title 10, United States Code
(relating to the provision of space situational awareness
services and information), including any such functions that
may be transferred to a civilian agency that are otherwise
provided in law.
``(B) Space safety and orbital debris.--Nothing in this
subsection, including the rules issued pursuant to paragraph
(1)(A), shall be construed to expand the authority of the
Commission to establish requirements for or regulate space
safety and orbital debris.
``(C) Authority of commission under this act.--Nothing in
subparagraph (A) or (B) shall be construed to limit the
authority of the Commission with respect to space stations
licensed under this Act, as in effect on the day before the
date of the enactment of this section.
``(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
[[Page H3921]]
(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; 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.
``(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
[[Page H3922]]
``(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
[[Page H3923]]
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.''.
(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'';
[[Page H3924]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Latta) and the gentleman from New Jersey (Mr. Pallone) each
will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. LATTA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1338, the Satellite And
Telecommunications Streamlining Act, led by the chair of the Energy and
Commerce Committee.
Over the last several years, the satellite marketplace has changed
drastically. Every American now expects fast, reliable access to the
internet no matter where they are, and satellite communications
networks play an important role in bridging the digital divide.
Today, new innovations in the satellite marketplace now enable speeds
comparable to the other internet service providers. This new and
enhanced satellite service is especially important in rural Ohio and
other rural areas across America.
For Americans who have never had internet, satellite broadband can
enable families to connect with distant relatives, children to complete
their homework and receive an education online, and users to access
telehealth services.
The new speeds and low latency provided by satellite communications
networks are enabled by several advancements in technology.
First, some new satellite communications networks operate in low-
Earth orbit, which means their radio signals do not have to travel as
far as other satellite communications signals. As a result,
communications networks offering low-Earth orbit can provide lower
latency services that can deliver a better experience for consumers.
Additionally, some new satellite communications networks have more
satellite radio stations in their network than satellite communications
networks that were licensed many years ago. In some cases, there are
thousands of radios, all of which work together in concert to provide
faster, more reliable connectivity service.
Finally, investment and innovation in new satellite communications
networks have led to novel proposals to use electromagnetic spectrum in
new ways. By their nature, satellite communications networks serve
global markets and therefore share the use of electromagnetic spectrum.
The complex design and architecture of these satellites, as well as how
they utilize spectrum, has led to more advanced satellite service
offerings.
However, all of this change has amplified the challenges with the
Federal Communications Commission's licensing process. A regulatory
process that once contemplated only a handful of applications has seen
dozens of applicants seeking new applications, modifications to
existing applications, and new uses of spectrum that the old regulatory
regime was not designed to address.
To provide needed direction to the FCC and promote competition and
innovation, the Satellite And Telecommunications Streamlining Act is
the first legislation in decades to modernize the regulatory framework
for licensing commercial satellite communications networks.
H.R. 1338 would bring our licensing framework for satellite
communications into the 21st century, especially as we compete against
other countries like China that seek to dominate the United States.
The legislation would establish a statutory framework at the FCC that
provides a streamlined process for considering new satellite
communications licenses, modifying existing ones, and facilitating the
deployment of innovative communications technologies.
In addition to bringing next-generation satellite connectivity to
Americans and the world, H.R. 1338 would also promote U.S.
technological leadership. By creating a regulatory environment that
invites investment and rewards innovation, we can turn the United
States into the destination of choice for licensing satellite
communications systems for providers around the world.
While the use of spectrum must be coordinated internationally,
ensuring timely access to predictable, reliable use of shared spectrum
in the United States will send a signal that the government wants to be
a partner, not a roadblock, to deploying next-generation technologies.
This is key as the United States looks to defend America's
technological leadership against China. The Satellite And
Telecommunications Streamlining Act will ensure the United States'
regulatory process doesn't hold back American innovation. China can act
unilaterally to approve changes to their satellite communications
system and spectrum usage, which is a far cry from the competitive,
market-based spectrum licensing system in the United States.
In order for the government to be a partner and not a roadblock, it
must make sure that innovative, new satellite spectrum technologies
make it from the lab to orbit in a timely manner. H.R. 1338 will ensure
that there is a fair regulatory regime built on an objective,
performance-based system that facilitates the investment needed to
maintain our technological leadership.
Also, the FCC currently has authority under the Communications Act to
attach conditions to licenses for satellite communications systems to
ensure licensees are acting in the public interest. This authority has
been upheld by the courts.
The Energy and Commerce Committee wants to ensure that the FCC does
not become a space traffic cop and try to manage space traffic
management functions or provide space situational awareness
information. We added rules of construction to clarify that the FCC
does not have the authority to be that space traffic cop and to affirm
that nothing in H.R. 1338 would expand the existing authority the FCC
currently has regarding orbital debris and space safety.
The rules of construction also clarify that nothing in H.R. 1338
grants the FCC the authority to carry out functions provided under 10
U.S.C. 2274 related to the provision of space situational awareness
services and information.
The FCC uses its current authority to attach conditions to spectrum
licenses relating to orbital debris and
[[Page H3925]]
space safety capabilities to prevent harmful interference among
satellite systems and avoid granting licenses to potentially unsafe
satellite communications systems that would jeopardize space safety and
exacerbate orbital debris.
This legislation is good government. It provides statutory direction
and boundaries to the FCC rather than allowing it to retrofit old laws
for the new marketplace.
Mr. Speaker, I urge my colleagues to support H.R. 1338, the Satellite
And Telecommunications Streamlining Act, and I reserve the balance of
my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 1338, the Satellite And
Telecommunications Streamlining Act, or the SAT Streamlining Act.
Within the last decade, satellite capabilities have jumped leaps and
bounds. We have seen significant advancements in satellites providing
broadband internet and other services to consumers and the public
throughout the country and the world. While this is beneficial to all,
it is especially helpful to those living in areas where other types of
technologies have not been built out yet due to geographic
considerations and other factors.
These technological breakthroughs are a positive step forward for our
country, but it is evident that other countries, including our foreign
adversaries, are also aggressively trying to dominate this industry. It
is imperative that Congress act now to retain our country's leadership
position in the satellite marketplace.
H.R. 1338 helps to accomplish this goal. This bill will enhance the
competitiveness of our Nation's satellite industry by requiring the FCC
to set reasonable rules to prevent harmful interference as satellites
utilize spectrum to communicate with one another and with base stations
on Earth. It does not expand the FCC's jurisdiction over the space
industry. Instead, it sets new rules of the road with respect to the
licensing of electromagnetic spectrum, which is needed to operate
satellite systems.
For instance, it establishes application requirements for the
licensing of the spectrum and sets forth the guidelines for how and
when the FCC should consider these applications and the timeframes for
doing so.
We must implement these solutions to ensure the United States remains
competitive with our counterparts across the globe, including China, in
producing cutting-edge consumer innovations and fortifying our public
safety and national security capabilities.
The Energy and Commerce Committee, Mr. Speaker, has traditionally
worked in a bipartisan fashion on key telecommunications matters, and I
commend Chair Rodgers for continuing this tradition with this
legislation. Unfortunately, though, another bipartisan bill that I led
with Chair Rodgers that unanimously passed out of the committee would
have directly addressed the threat of adversaries deploying their
satellite systems for use by U.S. customers. H.R. 675, the Secure Space
Act, would extend the framework Congress adopted in the bipartisan
Secure and Trusted Communications Network Act to satellite operators.
This framework ensures that foreign adversaries cannot use our
communications network for espionage and disruption.
{time} 1730
The Energy and Commerce Committee, and then the full Congress passed
last year then-Minority Whip Scalise's bipartisan legislation to extend
that framework to the FCC's equipment authorization process.
It surprised and disappointed me that some members of the Republican
caucus are objecting to the Secure Space Act--again, a bill passed
unanimously out of the Energy and Commerce Committee. Unfortunately, it
can't go forward without amendments limiting its scope, and therefore
its effect, in keeping unquestionably bad actors from infiltrating our
networks.
We should be passing this bill today rather than allowing a small
extreme minority in the House Republican caucus to have veto power over
a policy that is so important to our national security and that a
significant majority of this House favors. It is unfortunate that the
Republican majority continues to cave to the extreme elements of their
party.
In closing, Mr. Speaker, I urge my colleagues to support H.R. 1338,
and I reserve the balance of my time.
Mr. LATTA. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Washington (Mrs. Rodgers), the chair of the Energy and
Commerce Committee.
Mrs. RODGERS of Washington. Mr. Speaker, I rise in support of H.R.
1338, the Satellite And Telecommunications Streamlining Act that I am
proud to lead with Ranking Member Pallone.
The SAT Streamlining Act is the first legislation in over two decades
to update our laws governing how communications services using
satellite technologies are licensed by the FCC.
Satellite communications systems play a pivotal role in closing the
digital divide. Yet, the legal framework for licensing new and
innovative satellite technologies has not kept pace with the 21st
century.
Other adversaries, like China, seek to overtake our lead in
developing these next-generation technologies. The SAT Streamlining Act
would reform and improve the FCC's process to make the United States
the destination of choice for licensing satellite communications
systems without expanding the FCC's authority.
Our goal today is to ensure that the FCC does not become a space
traffic cop and try to manage space traffic management functions or
provide space situational awareness information. We added rules of
construction to clarify the FCC does not have the authority to be the
space traffic cop and affirm that nothing in H.R. 1338 would expand the
existing authority of the FCC currently regarding orbital debris and
space safety.
I will read the Rules of Construction. If you look at the Rules of
Construction--this is section 3(A). ``Space Situational Awareness
Services and Information. Nothing in this subsection, including the
rules issued pursuant to paragraph (1)(A), shall be construed to grant
the Commission authority to carry out the functions provided under
section 2274 of title 10, United States Code . . . ''
Then you go to section B: ``Space Safety and Orbital Debris. Nothing
in this subsection, including the rules issued pursuant to paragraph
(1)(A), shall be construed to expand the authority of the Commission to
establish requirements for or regulate space safety and orbital
debris.''
Subsection C. ``Authority of Commission Under This Act. Nothing in
subparagraph (A) or (B) shall be construed to limit the authority of
the Commission with respect to space stations licensed under this
Act.''
Those are the Rules of Construction.
This legislation today is to provide certainty to satellite operators
by setting out clear performance objectives for satellite
communications systems.
These changes will ensure that as satellite operators choose a venue
for licensing their global systems, the United States' regulatory
process is more appealing than other nations.
The SAT Act would establish an expedited review process for approving
minor modifications to satellite communications systems, which will get
new technologies into space sooner.
Second, the legislation would promote competition among satellite
communications providers.
Spectrum access is a necessary component of global satellite
communications networks.
Innovation takes place at a rapid speed, and the FCC should have
clear guidance from Congress on how to evaluate whether a proposed
satellite communications system can share spectrum with other systems
to avoid harmful interference.
The SAT Act sets forth a framework that will ensure spectrum is used
efficiently and promotes competition and innovation in the satellite
communications marketplace.
China is currently working to launch and operate a national
constellation similar to the American satellite communications systems.
Unlike our regulatory process, China can move swiftly to approve new
technologies in their quest to dominate America and the world.
In order to ensure U.S. licensed systems stay ahead of our
competitors, our regulatory environment must keep
[[Page H3926]]
pace with industry while continuing to ensure responsible spectrum use.
We began this effort to develop a new licensing framework for the
modern era 2 years ago. We have worked with a wide array of
stakeholders from the satellite industry. I am pleased we are moving
forward today.
We must lead with more innovation, more competition, and better
communications services for American homes and businesses.
Mr. Speaker, I thank Ranking Member Pallone and all the stakeholders
that worked with us over the last few years to create a framework that
will promote competition, innovation, and predictability.
Mr. Speaker, I encourage my colleagues to vote in support of the
legislation.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from
Virginia (Mr. Beyer).
Mr. BEYER. Mr. Speaker, I rise in strong opposition to H.R. 1338, the
Satellite And Telecommunications Streamlining Act. I believe I am
joined in this opposition by the chair of the Science, Space, and
Technology Committee, Mr. Lucas, and by the chair of the Space and
Aeronautics Subcommittee, Mr. Babin.
Mr. Speaker, with complete respect to the chair and the ranking
member on the Energy and Commerce Committee, if this bill were focused
solely on regulating electromagnetic spectrum use and improving the
spectrum licensing process in the United States, then this would be a
very different speech.
Improving the Federal Communications Commission's licensing of
spectrum is important. However, H.R. 1338 goes way beyond the FCC's
spectrum mission. It would provide unprecedented authority to the FCC
to issue rules on ``space safety and orbital debris.'' This is a
serious problem and cause for deep concern.
Drafting such rules would only detract and divert attention and
resources from the FCC's primary mission of assessing applications for
spectrum, actions the bill seeks to strengthen.
The FCC does not have sufficient expertise to issue appropriate rules
on space safety or orbital debris.
Further, Federal agencies engage in interagency coordination on
orbital debris mitigation based on science and technical research led
by NASA.
Rather than follow a cohesive and coordinated approach within the
Federal Government, H.R. 1338 would give authority to the FCC to do its
own thing and to act unilaterally without participating in the
interagency coordination that is necessary to prevent a fragmented
government approach toward space activities. On something as important
as space safety and orbital debris, this is a troubling thought.
The issue of space safety and orbital debris is a pressing concern.
The administration and stakeholders through two administrations have
been coalescing around the Department of Commerce as the lead agency on
space safety and related orbital debris activities in coordination with
other Federal Government agencies.
Congress has appropriated funding for the Department of Commerce to
advance civil space situational awareness and related orbital debris
activities. This is a critical time for the U.S. commercial space
industry. Clear and predictable roles, responsibilities, and regulatory
frameworks from the Federal Government are needed.
Having the FCC regulate space safety and orbital debris mitigation
would duplicate efforts and cause confusion, including for our
partners, where the U.S. has led internationally. Rather than
supporting the continuing growth and leadership of the U.S. in
commercial space, and the interagency process within the Department of
Commerce, H.R. 1338 risks undermining it.
Mr. Speaker, I urge my colleagues to vote ``no.''
Mr. LATTA. Mr. Speaker, I yield 4 minutes to the gentleman from
Florida (Mr. Dunn), from Florida's Second District.
Mr. DUNN of Florida. Mr. Speaker, in the ever-expanding realm of
space-based architecture, we have witnessed an unprecedented growth in
commercial, academic, and military applications over the past two
decades.
As we enter into a new era of space exploration and innovation, it
has become imperative for the United States to move at the speed of
business, embracing agility and efficiency in our regulatory approach.
The Satellite And Telecommunications Streamlining Act, or SAT Act,
represents a transformative step toward ensuring that our regulations
keep pace with the dynamic and rapidly evolving satellite
communications ecosystem.
This bill directs the FCC to establish new rules for licensing
satellite communications systems that describe crucial performance
objectives within a defined timeframe of 18 months.
These performance objectives will provide certainty to satellite
operators seeking a spectrum license so they understand the
requirements they must meet in order to avoid interfering with other
space systems.
This bill would also direct the agency to decide on new license
applications within 1 year.
The SAT Act provides a streamlined application process for satellite
communications providers, and with the goal of promoting U.S.
leadership in the satellite communications industry.
During these contentious geopolitical times, the importance of space-
based assets for our national security cannot be overstated. Many of
these assets are critical to safeguarding our Nation's interests and
are extensively utilized for national security applications.
By providing an updated and efficient licensing process, the SAT Act
ensures that these vital space assets remain protected from harmful
interference and operation.
With the satellite ecosystem constantly evolving as technologies and
innovations come online, it is paramount that regulations governing
them are able to keep pace to ensure we remain ahead of our
adversaries, especially as the Department of Defense continues to rely
on innovations in commercial satellite technology.
We must update Federal regulations so that industry can deliver
requirements to the warfighters at the pace that they demand.
Mr. Speaker, I urge my esteemed colleagues to pass the SAT Act,
recognizing its potential to drive our Nation's competitiveness in the
space domain.
By streamlining regulatory processes, we set the stage for a future
where American businesses can contribute to our continued leadership in
space.
Let us unite in embracing this transformative legislation, ensuring
that the United States remains at the forefront of communications
technology and innovation in space.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I listened to what Mr. Beyer said, and I know that some
of the leadership on the Science, Space, and Technology Committee are
opposed to this bill. I will say that despite the Science, Space, and
Technology Committee's claims, H.R. 1338, the Satellite And
Telecommunications Streamlining Act does not infringe on the Science,
Space, and Technology Committee's jurisdiction or grant the FCC new
authority with respect to space safety and orbital debris.
Instead, this bill streamlines existing FCC licensing procedures so
the commercial satellite operators can more easily obtain the necessary
spectrum rights to launch their satellite systems into space.
Because the bill deals directly with access to spectrum and the FCC's
management of it, this legislation falls squarely within the
jurisdiction of the Energy and Commerce Committee.
To the extent the bill references space safety and orbital debris, it
is in the context of ensuring that the FCC acts within the bounds of
the rules adopted by the U.S. Government for orbital debris mitigation.
Specifically, the language in the bill simply directs the FCC to
align any licensing requirements that it may impose on satellite
operators concerning orbital debris and space safety--which it can do
today consistent with its existing authority--with the orbital debris
and space safety practices established by NASA and others.
Mr. Speaker, mandating such action is good government as it reduces
the likelihood of conflicting standards or requirements and ensures
that government continues to speak with one voice on these important
matters.
[[Page H3927]]
{time} 1745
Nevertheless, recognizing the Science Committee's concerns, language
has now been added to the bill to make it crystal clear that this
legislation does not give the FCC any new authority on space safety and
orbital debris.
Finally, for those Members suggesting that the Department of Commerce
does not support this bill, I want to be clear that this is not true.
In reality, the Department of Commerce has not taken a position on this
bill.
For all these reasons, Mr. Speaker, H.R. 1338 is a worthwhile bill, I
urge all my colleagues to support it, and I reserve the balance of my
time.
Mr. LATTA. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from
Idaho (Mr. Fulcher).
Mr. FULCHER. Mr. Speaker, I rise in support of H.R. 1338, the
Satellite And Telecommunications Streamlining Act. This bill amends the
Communications Act to clarify the Federal Communication Commission's
statutory role in licensing satellite communications systems.
While the FCC has long exercised the authority to license satellite
systems--and while Congress has recognized this authority--this bill
provides further direction on the agency when it comes to balancing and
considering novel issues throughout its licensing process.
For example, the FCC can use its current authority to regulate
satellite communications systems designed to ensure that related
aspects of radio stations in space can continue to serve the public
interest. This is on top of using its authority when considering the
complex use of electromagnetic spectrum by various satellite systems.
This bill would effectively simplify FCC space station licensing
rules, impose FCC licensing decision timelines, and add performance
standards to mitigate orbital debris to ensure safe operation in space.
It also clarifies FCC radio frequency sharing obligations to encourage
innovation and investment.
The bill is very clear. It does not expand the FCC's authority.
In terms of innovation, Mr. Speaker, spectrum is limited. Our
adversaries are not hindered by regulations. We need to streamline
this.
This bill passed with unanimous bipartisan support out of the Energy
and Commerce Committee in March. This is not unprecedented authority
for the FCC. In response to my Democrat colleague who claimed this
allows the FCC to act unilaterally; that is false.
In fact, this legislation constrains the FCC's authority to issue
rules around space safety to be aligned with the orbital debris
mitigation plan which is approved by the interagency.
Mr. Speaker, I support this bill.
Mr. LATTA. Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. LATTA. Mr. Speaker, may I inquire how much time is remaining.
The SPEAKER pro tempore. The gentleman from Ohio has 2\1/2\ minutes
remaining.
Mr. LATTA. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Weber).
Mr. WEBER of Texas. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, H.R. 1338 promotes U.S. leadership in the commercial
satellite communications industry by creating a regulatory environment
that encourages innovation and investment in the United States.
Mr. Speaker, I will tell you something. The Energy and Commerce
Committee is all about encouraging innovation and investment in the
United States.
This bill helps us to beat China. China is actively working to
undermine U.S. leadership in the satellite communications marketplace
and provide service to other allies so that they can gather
intelligence.
This bill streamlines the process for modifications to existing
satellite communications systems. The bill would ensure that
modifications to existing satellite communications are not held up
unnecessarily by new applications that may be more complex.
The bill also creates a regulatory fast lane for minor modifications
that do not change the spectrum interference landscape in a meaningful
way.
It incentivizes satellite communications systems to be good stewards
of spectrum. By establishing a quantifiable level of protection that
defines how each satellite communications system licensed by the FCC
may use spectrum, the bill ensures a balance between competition and
innovation.
It enhances FCC transparency and efficiency of processing NGSO
satellite applications, for example, SpaceX.
The bill would provide direction to the FCC on how their satellite
communications licensing rules should be designed.
By creating objective, measurable, and technology-neutral performance
objectives, satellite operators will have flexibility to design their
systems without government overregulation.
Mr. Speaker, we need H.R. 1338.
Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I urge support for this bill on a bipartisan basis. The
committee voted this out, again, on a bipartisan basis. I think it is
very important, and I assure my Science Committee colleagues this does
not impinge on their jurisdiction.
Mr. Speaker, I yield back the balance of my time.
Mr. LATTA. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, we have heard from so many of our speakers this
afternoon about how essential H.R. 1338 is to promote effective
information sharing, collaboration, and response efforts to establish
the Secure and Trusted Communications Networks Act of 2019.
The legislation facilitates the public-private partnerships to
develop and implement cybersecurity policies related to the
communications networks. By encouraging this collaboration between the
government agencies and stakeholders, we can all work together to
address the cyber threats and vulnerabilities more effectively.
Again, this piece of legislation passed out of the Energy and
Commerce Committee. We worked together on this in a bipartisan manner,
and with a vote of 44-0, that bill came out of committee. It is a good
piece of legislation.
Mr. Speaker, I urge all my colleagues to support H.R. 1338, and I
yield back the balance of my time.
Ms. LOFGREN. Mr. Speaker, I rise today to urge my colleagues to vote
NO on H.R. 1338, the Satellite and Telecommunications Streamlining Act.
This bill seeks to improve the efficiency and effectiveness of FCC's
spectrum licensing, a goal I support. However, the bill, as written,
would go well beyond FCC's expertise and mission to regulate spectrum
by also seeking to regulate space safety and orbital debris. That is
deeply concerning and it is the reason I am in opposition to H.R. 1338.
As Ranking Member of the Science, Space, and Technology Committee, I
recognize the importance of maintaining the long-term sustainability of
the space environment. U.S. citizens depend on assets in space to
support our national security, give us accurate weather forecasts,
enable communications services, and so much more. It is essential that
we get space safety right.
The space community, including the National Space Council, is
coalescing around the Department of Commerce as the lead agency with
responsibility for space situational awareness, orbital debris
monitoring, and related critical space safety activities.
Setting up a fragmented licensing or certification regime--as I
believe this bill, as written, would do--is in no one's interest. It
would create confusion and could even harm U.S. economic
competitiveness and global leadership in space. For decades, the U.S.
has taken a whole-of-government approach to orbital debris, and has
actively coordinated on approaches with other nations. This bill would
allow the FCC to act on its own in regulating orbital debris
mitigation, an approach that would likely confuse and ultimately
undermine, rather than strengthen, efforts to reduce and mitigate the
risk of orbital debris.
The Chairman of the Science Committee and I are completely aligned in
our concerns around this bill. I am committed to continuing the Science
Committee's work, on a bipartisan basis, to address the serious threat
of orbital debris to the future sustainability of the space environment
comprehensively and holistically.
I urge Members to vote NO on H.R. 1338.
The SPEAKER pro tempore (Mr. Bucshon). The question is on the motion
offered by the gentleman from Ohio (Mr. Latta) that the House suspend
the rules and pass the bill, H.R. 1338, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. LUCAS. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
[[Page H3928]]
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________