[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.

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