[House Report 118-156]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     118-156

======================================================================



 
                       LAUNCH COMMUNICATIONS ACT

                                _______
                                

 July 25, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 682]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 682) to facilitate access to electromagnetic 
spectrum for commercial space launches and commercial space 
reentries, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Committee Action.................................................     4
Committee Votes..................................................     4
Oversight Findings and Recommendations...........................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Related Committee and Subcommittee Hearings......................     6
Committee Cost Estimate..........................................     7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Launch Communications Act''.

SEC. 2. ACCESS TO SPECTRUM FOR COMMERCIAL SPACE LAUNCHES AND REENTRIES.

  (a) Service Rules; Allocation.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act, the Commission shall complete any 
        proceeding in effect as of such date of enactment related to 
        the adoption of service rules for access to the frequencies 
        described in subsection (c) for commercial space launches and 
        commercial space reentries, including technical specifications, 
        eligibility requirements, coordination procedures to preserve 
        the Nation's defense capabilities, and the allocation on a 
        secondary basis of the frequencies described in subsection (c).
          (2) Coordination with national telecommunications and 
        information administration.--The coordination procedures 
        adopted under paragraph (1) shall include requirements for 
        persons conducting commercial space launches and commercial 
        space reentries to coordinate with the Assistant Secretary 
        regarding access to the frequencies described in subsection (c) 
        for commercial space launches and commercial space reentries.
  (b) Streamlining of Process for Granting Authorizations.--Not later 
than 180 days after the date of the enactment of this Act, the 
Commission shall issue new regulations to streamline the process for 
granting authorizations for access to the frequencies described in 
subsection (c) for commercial space launches and commercial space 
reentries so as to provide for--
          (1) authorizations that include access to such frequencies 
        for multiple commercial space launches from one or more Federal 
        space launch sites and multiple commercial space reentries to 
        one or more Federal space launch sites;
          (2) authorizations that include access to such frequencies 
        for multiple commercial space launches from one or more private 
        space launch sites and multiple commercial space reentries to 
        one or more private space launch sites;
          (3) authorizations that include access to multiple uses of 
        such frequencies for commercial space launch or commercial 
        space reentry;
          (4) automation of the processes of the Commission to review 
        applications for authorizations for access to such frequencies 
        for commercial space launches and commercial space reentries; 
        and
          (5) improved coordination by the Commission with the 
        Assistant Secretary (who shall coordinate with the heads of 
        such other Federal agencies as the Assistant Secretary 
        considers appropriate) to increase the speed of review of 
        applications for authorizations for access to such frequencies 
        for commercial space launches and commercial space reentries.
  (c) Frequencies Described.--The frequencies described in this 
subsection are the following:
          (1) The frequencies between 2025 and 2110 megahertz, between 
        2200 and 2290 megahertz, between 2360 and 2395 megahertz, and 
        between 5650 and 5925 megahertz.
          (2) Any additional frequencies identified by the Commission 
        (in coordination with the Assistant Secretary, in the case of 
        potential impact to Federal spectrum use) as necessary to 
        conduct commercial space launches and commercial space 
        reentries.
  (d) Rules of Construction.--
          (1) Frequency ranges.--Each range of frequencies described in 
        this section shall be construed to be inclusive of the upper 
        and lower frequencies in the range.
          (2) Special temporary authority.--Nothing in this section may 
        be construed to authorize or require elimination or limitation 
        of, or any amendment to, or otherwise to affect, special 
        temporary authority, as provided for by section 1.931 of title 
        47, Code of Federal Regulations (or any successor regulation).
  (e) Definitions.--In this section:
          (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
          (2) Commercial space launch.--The term ``commercial space 
        launch'' means a launch licensed under chapter 509 of title 51, 
        United States Code.
          (3) Commercial space reentry.--The term ``commercial space 
        reentry'' means a reentry licensed under chapter 509 of title 
        51, United States Code.
          (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.

                          PURPOSE AND SUMMARY

    H.R. 682, the ``Launch Communications Act'' would require 
the Federal Communications Commission (FCC) to complete a 
rulemaking proceeding after the bill's enactment to adopt 
service rules for access to the frequencies of electromagnetic 
spectrum (spectrum) provided in the bill for commercial space 
launches and commercial space reentries. H.R. 682 would also 
require the FCC to issue new regulations to streamline the 
process for granting authorizations to the frequencies of 
spectrum provided in the bill for commercial space launches and 
commercial space reentries. As part of the streamlining process 
contemplated in the bill, the FCC would need to ensure that the 
authorizations include access to frequencies for multiple 
commercial space launches and reentries from one or more 
Federal space launch sites, as well as authorizations to 
frequencies for multiple commercial space launches and 
commercial space reentries to one or more private space launch 
sites, among other things.

                  BACKGROUND AND NEED FOR LEGISLATION

    Over the last decade, the American commercial space 
industry has dramatically reduced the cost of accessing space, 
resulting in a skyrocketing number of space launches from U.S. 
soil.\1\ In 2013, the total number of commercial space launches 
licensed by the Federal Aviation Administration (FAA) was 
eight.\2\ In 2022, that number was 79, and in 2023, it will 
most likely surpass 100.\3\ In addition to boosting the U.S. 
economy, this expansion into space has bolstered national 
security, extended America's lead in innovation and technology, 
and cemented America's reputation as the global leader in 
space.
---------------------------------------------------------------------------
    \1\Federal Aviation Administration, New Era of U.S. Commercial 
Space Transportation Begins (https://www.faa.gov/newsroom/new-era-us-
commercial-space-transportation-begins) (accessed Mar. 27, 2023).
    \2\Federal Aviation Administration, Commercial Space Data (https://
www.faa.gov/data_research/commercial_space_data/) (accessed Mar. 27, 
2023).
    \3\Id.
---------------------------------------------------------------------------
    However, the United States' regulatory system for 
commercial space launches has not kept pace with the evolution 
of the industry. As both the frequency and character of 
commercial space launches rapidly evolve, the outdated FCC 
process to allocate temporarily spectrum usage rights for 
communicating with launch vehicles during flight and upon 
reentry is placing an increasingly high burden on commercial 
space launch providers to obtain the spectrum they need to 
conduct space launches and reentries. Meanwhile, foreign 
adversaries of the United States--including the Chinese 
government--have accelerated their efforts to catch up to the 
United States in space capabilities. Indeed, the Chinese 
Communist Party has placed satellite internet in its list of 
priorities for new infrastructure,\4\ signaling increased 
investment in this burgeoning sector.
---------------------------------------------------------------------------
    \4\Makena Young & Akhil Thadani, Low Orbit, High Stakes, Center for 
Strategic & International Studies (Dec. 14, 2022).
---------------------------------------------------------------------------
    To ensure that the United States remains the global leader 
in space, it is imperative that Congress take the necessary 
steps to facilitate the timely and efficient authorization of 
spectrum to better facilitate commercial space launches and 
reentries in this country. H.R. 682 addresses this problem by, 
among other things, directing the FCC to streamline its process 
for allocating spectrum usage rights to commercial space launch 
providers so that they can communicate with their launch 
vehicles during flight and upon reentry.

                            COMMITTEE ACTION

    On February 2, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Launching Into the State 
of the Satellite Marketplace.'' The Subcommittee received 
testimony from:
           Tom Stroup, President, Satellite Industry 
        Association
           Julie Zoller, Head of Global Regulatory 
        Affairs, Project Kuiper at Amazon
           Jennifer A. Manner, Senior Vice President of 
        Regulatory Affairs, Echostar Corporation
           Margo Deckard, Co-Founder and Chief 
        Operating Officer, Lynk Global, Inc.
           Kari Bingen, Director of the Aerospace 
        Security Project and Senior Fellow at the International 
        Security Program, Center for Strategic and 
        International Studies.
    On February 8, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Liftoff: Unleashing 
Innovation in Satellite Communications Technologies.'' The 
Subcommittee received testimony on H.R. 682 from:
           David Goldman, Senior Director of Satellite 
        Policy, SpaceX
           Peter Davidson, Vice President of Global 
        Government Affairs & Policy, Intelsat
           Whitney Q. Lohmeyer, Professor of 
        Engineering, Olin College of Engineering
           Danielle Pineres, Vice President of 
        Regulatory Affairs & Compliance, Planet Labs
    On March 8, 2023, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 682, 
as amended, to the full Committee by a record vote of 26 yeas 
and 0 nays. On March 23, 2023, the full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 682, as 
amended, favorably reported to the House by a record vote of 46 
yeas and 0 nays.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 682 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to direct 
the Federal Communications Commission (FCC) to complete a 
rulemaking proceeding within 90 days after the bill's enactment 
to adopt service rules to streamline the process for granting 
authorizations to the frequencies of spectrum provided in the 
bill for commercial space launches and commercial space 
reentries.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 682 is known to be duplicative of another Federal program, 
including any program that was included in a report to Congress 
pursuant to section 21 of Public Law 111-139 or the most recent 
Catalog of Federal Domestic Assistance.

              RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of rule XIII, the following 
hearings were used to develop or consider H.R. 682:
    On February 2, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Launching Into the State 
of the Satellite Marketplace.'' The Subcommittee received 
testimony from:
           Tom Stroup, President, Satellite Industry 
        Association
           Julie Zoller, Head of Global Regulatory 
        Affairs, Project Kuiper at Amazon
           Jennifer A. Manner, Senior Vice President of 
        Regulatory Affairs, Echostar Corporation
           Margo Deckard, Co-Founder and Chief 
        Operating Officer, Lynk Global, Inc.
           Kari Bingen, Director of the Aerospace 
        Security Project and Senior Fellow at the International 
        Security Program, Center for Strategic and 
        International Studies.
    On February 8, 2023, the Subcommittee on Communications and 
Technology held a hearing entitled, ``Liftoff: Unleashing 
Innovation in Satellite Communications Technologies.'' The 
Subcommittee received testimony on H.R. 682 from:
           David Goldman, Senior Director of Satellite 
        Policy, SpaceX
           Peter Davidson, Vice President of Global 
        Government Affairs & Policy, Intelsat
           Whitney Q. Lohmeyer, Professor of 
        Engineering, Olin College of Engineering
           Danielle Pineres, Vice President of 
        Regulatory Affairs & Compliance, Planet Labs

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 682 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section designates that the short title may be cited 
as the ``Launch Communications Act''.

Section 2. Access to spectrum for commercial space launches and 
        reentries

    This section would require the FCC to complete a rulemaking 
proceeding within 90 days after the bill's enactment to adopt 
service rules for access to the frequencies of spectrum 
described in the section for commercial space launches and 
commercial space reentries. Under this section, the FCC would 
also be required within 180 days of the bill's enactment to 
issue new regulations to streamline the process for granting 
authorization to the frequencies of spectrum described in the 
section for commercial space launches and commercial space 
reentries so that the authorizations include access to 
frequencies for multiple commercial space launches and 
reentries from one or more Federal space launch sites, as well 
as authorizations to frequencies for multiple commercial space 
launches and commercial space reentries to one or more private 
space launch sites, among other things. Additionally, this 
section identifies the 2025-2110 megahertz (MHz), the 2200-2290 
MHz, the 2360-2395 MHz, and the 5650-5925 MHz bands as the 
frequencies described in the section along with any additional 
frequencies identified by the FCC (in coordination with the 
Assistant Secretary of Commerce for Communications and 
Information in case there is a potential impact to Federal 
spectrum). Finally, this section defines key terms used in the 
legislation.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  [all]