[House Report 118-157]
[From the U.S. Government Publishing Office]


118th Congress  }                                              {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                              {  118-157

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



 
           SATELLITE AND TELECOMMUNICATIONS STREAMLINING 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. 1338]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1338) to amend the Communications Act of 1934 to 
provide authority for certain licenses, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    12
Background and Need for Legislation..............................    12
Committee Action.................................................    16
Committee Votes..................................................    17
Oversight Findings and Recommendations...........................    19
New Budget Authority, Entitlement Authority, and Tax Expenditures    19
Congressional Budget Office Estimate.............................    19
Federal Mandates Statement.......................................    19
Statement of General Performance Goals and Objectives............    19
Duplication of Federal Programs..................................    19
Related Committee and Subcommittee Hearings......................    19
Committee Cost Estimate..........................................    20
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    20
Advisory Committee Statement.....................................    20
Applicability to Legislative Branch..............................    20
Section-by-Section Analysis of the Legislation...................    20
Changes in Existing Law Made by the Bill, as Reported............    27

    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 ``Satellite And Telecommunications 
Streamlining Act'' or the ``SAT Streamlining Act''.

SEC. 2. AUTHORITY REGARDING CERTAIN LICENSES.

  (a) Amendment.--Part I of title III of the Communications Act of 1934 
(47 U.S.C. 301 et seq.) is amended by adding at the end the following 
new section:

``SEC. 346. RADIOFREQUENCY LICENSING AUTHORITY REGARDING CERTAIN 
                    OPERATIONS.

  ``(a) Rules.--
          ``(1) In general.--Not later than 18 months after the date of 
        the enactment of this section, the Commission shall issue rules 
        to amend part 25 of title 47, Code of Federal Regulations, to 
        establish--
                  ``(A) for any license granted under subsection (b) or 
                grant of market access granted under subsection (c), 
                specific, measurable, and technology-neutral 
                performance objectives for space safety and orbital 
                debris, in accordance with paragraph (2);
                  ``(B) for any license granted under paragraph (1) or 
                (2) of subsection (b), specific modifications (or 
                classes of modifications) to such a license that 
                warrant expedited treatment under subparagraph (A) or 
                (B) (as the case may be) of subsection (g)(2);
                  ``(C) for any license granted under subsection (b), 
                grant of market access granted under subsection (c), 
                authorization granted under subsection (d), or covered 
                authorization, the manner in which the licensee, 
                grantee, or entity shall notify the Commission of a 
                request to submit a modification under subsection 
                (g)(5);
                  ``(D) for any request to modify a covered 
                authorization, the manner in which the entity with the 
                covered authorization shall indicate in the request 
                whether the entity is seeking a modification described 
                in subsection (h)(2)(B)(i)(I) or a modification 
                described in subsection (h)(2)(B)(i)(II);
                  ``(E) for any license granted under subsection (b), 
                grant of market access granted under subsection (c), or 
                covered authorization, in a spectrum band with service 
                rules that require a licensee of such a license, a 
                grantee of such a grant, or an entity with such a 
                covered authorization to share spectrum with another 
                such licensee, grantee, or entity with a covered 
                authorization that is authorized to use the same 
                frequencies of such spectrum, specific actions taken by 
                such a licensee, grantee, or entity with a covered 
                authorization, or by any other entity that is 
                authorized to use such frequencies, that constitute a 
                failure to coordinate in good faith, including whether 
                withholding from another such licensee, grantee, entity 
                with a covered authorization, or other entity 
                information necessary to coordinate in good faith that 
                it is technically feasible to make available to such 
                licensee, grantee, entity with a covered authorization, 
                or other entity is such an action;
                  ``(F) for any license granted under subsection (b)(1) 
                or grant of market access granted under subsection 
                (c)(1), in a spectrum band with service rules that 
                require a licensee of such a license, a grantee of such 
                a grant, or an entity with a covered authorization to 
                share spectrum (except with respect to the use of a 
                gateway station) with another such licensee, grantee, 
                or entity with a covered authorization that is 
                authorized to use the same frequencies of such 
                spectrum, a quantifiable level of protection required 
                under subsection (h)(4);
                  ``(G) rules that--
                          ``(i) clarify, for purposes of subsection 
                        (h)(1)(A)(ii), the protection from harmful 
                        interference that, during the covered period, 
                        an entity with a covered authorization that was 
                        approved in a processing round is required to 
                        provide to any other entity with a covered 
                        authorization that was approved in an earlier 
                        processing round; and
                          ``(ii) seek to promote competition, 
                        innovation, and efficient use of spectrum by 
                        entities with covered authorizations, including 
                        by accounting for advancements in technology 
                        capable of managing interference concerns to 
                        the greatest extent possible consistent with 
                        clause (i); and
                  ``(H) for any application or request for modification 
                described in subsection (n), what constitutes 
                reportable foreign ownership for purposes of paragraph 
                (1) of such subsection.
          ``(2) Conflict with interagency standard practices.--In the 
        rules issued pursuant to paragraph (1)(A), or any successor 
        rule, the Commission may not establish performance objectives 
        that conflict with any standard practice established in the 
        Orbital Debris Mitigation Standard Practices adopted by the 
        United States Government.
  ``(b) Application for License.--
          ``(1) NGSO determination required.--Except as provided in 
        paragraph (5) and subsection (m), not later than 1 year after 
        the date on which the Commission issues a public notice of the 
        acceptance for filing of a written application submitted to the 
        Commission, the Commission shall make a determination whether 
        to grant such application (including any amendment to such 
        application) for a license for covered radiocommunication 
        services using--
                  ``(A) a nongeostationary orbit space station or space 
                stations;
                  ``(B) a blanket-licensed earth station or earth 
                stations that will operate with a nongeostationary 
                orbit space station or space stations; or
                  ``(C) a nongeostationary orbit space station or space 
                stations and the blanket-licensed earth station or 
                earth stations that will operate with the 
                nongeostationary orbit space station or space stations.
          ``(2) GSO determination required.--Except as provided in 
        paragraph (5) and subsection (m), not later than 1 year after 
        the date on which the Commission issues a public notice of the 
        acceptance for filing of a written application submitted to the 
        Commission, the Commission shall make a determination whether 
        to grant such application (including any amendment to such 
        application) for a license for covered radiocommunication 
        services using--
                  ``(A) a geostationary orbit space station or space 
                stations;
                  ``(B) a blanket-licensed earth station or earth 
                stations that will operate with a geostationary orbit 
                space station or space stations; or
                  ``(C) a geostationary orbit space station or space 
                stations and the blanket-licensed earth station or 
                earth stations that will operate with the geostationary 
                orbit space station or space stations.
          ``(3) Contents of application.--In addition to the 
        application requirements described in section 308(b), an 
        application submitted under paragraph (1) or (2) shall include 
        the following:
                  ``(A) Performance metrics with respect to the 
                frequencies and transmission power to be used.
                  ``(B) A demonstration of compliance by the applicant 
                with the performance objectives established under 
                subsection (a)(1)(A).
                  ``(C) A description of compliance by the applicant 
                with the actions established under subsection 
                (a)(1)(E), if applicable.
                  ``(D) In the case of an application submitted under 
                paragraph (1), a demonstration of compliance by the 
                applicant with the quantifiable level of protection 
                established under subsection (a)(1)(F), if applicable.
          ``(4) Term of initial license.--The Commission shall grant a 
        license for a term not to exceed 15 years for any application 
        granted under this subsection.
          ``(5) Exceptions.--The deadline for the determination 
        required in paragraphs (1), (2), and (6) may be extended by the 
        Commission for an application subject to review under 
        subsection (n).
          ``(6) Timely grant of certain applications.--
                  ``(A) In general.--Except as provided in paragraph 
                (5) and subsection (m), not later than 60 days after 
                the date on which the Commission issues a public notice 
                of the acceptance for filing of a written application 
                submitted to the Commission for a license described in 
                paragraph (1) with respect to which the applicant 
                indicates in the application that the application meets 
                the additional criteria described in subparagraph (B), 
                the Commission shall--
                          ``(i) determine whether such application 
                        (including any amendment to such application) 
                        meets the additional criteria described in 
                        subparagraph (B); and
                          ``(ii) if the determination under clause (i) 
                        is affirmative, grant such application 
                        (including any amendment to such application).
                  ``(B) Criteria described.--The additional criteria 
                described in this subparagraph are as follows:
                          ``(i) A limit on the number of space stations 
                        authorized by the license, as determined by the 
                        Commission.
                          ``(ii) A limit on the total in-orbit lifetime 
                        for any individual space station, as determined 
                        by the Commission.
                          ``(iii) For each space station, the 
                        following:
                                  ``(I) A limit on the orbital altitude 
                                at which the space station may operate, 
                                as determined by the Commission.
                                  ``(II) A requirement that the space 
                                station has a maneuverability 
                                capability and the ability to make 
                                collision avoidance and deorbit 
                                maneuvers, as determined by the 
                                Commission.
                                  ``(III) A requirement that the space 
                                station is identifiable by a unique 
                                signal-based telemetry marker that 
                                meets requirements issued by the 
                                Commission.
                                  ``(IV) A requirement that the space 
                                station releases no operational debris.
                                  ``(V) A requirement that the space 
                                station can be commanded by command 
                                originating from the ground to 
                                immediately cease transmissions and the 
                                applicant has the capability to 
                                eliminate harmful interference when 
                                required by the Commission.
                          ``(iv) A requirement that the operator has 
                        assessed and limited the probability of an 
                        accidental explosion, including an explosion 
                        that results from the conversion of energy 
                        sources on board any space station into energy 
                        that fragments the space station.
                          ``(v) A limit on the probability of a 
                        collision between each space station and any 
                        other large object, as determined by the 
                        Commission.
                          ``(vi) A requirement that each space station 
                        is disposed of post-mission and the probability 
                        of human casualty from disposal meets 
                        requirements issued by the Commission.
                  ``(C) Criteria not met.--If the determination under 
                subparagraph (A)(i) with respect to an application is 
                negative, the Commission shall make a determination 
                whether to grant such application (including any 
                amendment to such application) under paragraph (1) by 
                the deadline specified in such paragraph.
                  ``(D) Evasion.--An application does not meet the 
                additional criteria described in subparagraph (B) if 
                the Commission determines that, taken together with any 
                other application or applications submitted by the 
                applicant under subparagraph (A) (including an 
                application that has been approved), such applications 
                are submitted with the purpose of evading a negative 
                determination with respect to such additional criteria.
                  ``(E) Rule of construction.--For purposes of this 
                section (other than this paragraph), any reference to 
                an application submitted or granted or a license 
                granted under paragraph (1) shall be construed to 
                include an application submitted or granted or a 
                license granted (as the case may be) under subparagraph 
                (A).
                  ``(F) Implementation.--
                          ``(i) In general.--Not later than 18 months 
                        after the date of the enactment of this 
                        section, the Commission shall--
                                  ``(I) issue rules to implement this 
                                paragraph; or
                                  ``(II) make the finding described in 
                                clause (ii).
                          ``(ii) Finding described.--If the Commission 
                        finds that the rules of the Commission, as of 
                        the date of the enactment of this section, 
                        satisfy the requirements in this paragraph, the 
                        Commission shall issue a public notice stating 
                        such finding.
  ``(c) Application for Grant of Market Access.--
          ``(1) NGSO determination required.--After the date on which 
        the Commission issues a public notice of the acceptance for 
        filing of a written application submitted to the Commission, 
        the Commission shall make a determination whether to grant such 
        application (including any amendment to such application) for 
        market access within the United States for covered 
        radiocommunication services using--
                  ``(A) a nongeostationary orbit space station or space 
                stations;
                  ``(B) a blanket-licensed earth station or earth 
                stations that will operate with a nongeostationary 
                orbit space station or space stations; or
                  ``(C) a nongeostationary orbit space station or space 
                stations and the blanket-licensed earth station or 
                earth stations that will operate with the 
                nongeostationary orbit space station or space stations.
          ``(2) GSO determination required.--After the date on which 
        the Commission issues a public notice of the acceptance for 
        filing of a written application submitted to the Commission, 
        the Commission shall make a determination whether to grant such 
        application (including any amendment to such application) for 
        market access within the United States for covered 
        radiocommunication services using a geostationary orbit space 
        station or space stations.
          ``(3) Contents of application.--In addition to the 
        application requirements described in section 308(b), an 
        application submitted under paragraph (1) or (2) shall include 
        the following:
                  ``(A) Performance metrics with respect to the 
                frequencies and transmission power to be used.
                  ``(B) A demonstration of compliance by the applicant 
                with the performance objectives established under 
                subsection (a)(1)(A).
                  ``(C) A description of compliance by the applicant 
                with the actions established under subsection 
                (a)(1)(E), if applicable.
                  ``(D) In the case of an application submitted under 
                paragraph (1), a demonstration of compliance by the 
                applicant with the quantifiable level of protection 
                established under subsection (a)(1)(F), if applicable.
          ``(4) Term of initial grant of market access.--The Commission 
        shall grant a grant of market access for a term not to exceed 
        15 years for any application granted under this subsection.
  ``(d) Earth Station Authorization.--
          ``(1) Determination required for individually licensed earth 
        stations.--Except as provided in paragraph (4) and subsection 
        (m), not later than 1 year after the date on which the 
        Commission issues a public notice of the acceptance for filing 
        of a written application submitted to the Commission, the 
        Commission shall make a determination whether to grant such 
        application (including any amendment to such application) for 
        authorization to use an individually licensed earth station.
          ``(2) Determination required for receive-only earth 
        stations.--Except as provided in paragraph (4) and subsection 
        (m), not later than 30 days after the date on which the 
        Commission issues a public notice of the acceptance for filing 
        of a written application submitted to the Commission, the 
        Commission shall make a determination whether to grant such 
        application (including any amendment to such application) for 
        authorization to use an earth station or earth stations to 
        receive a signal from--
                  ``(A) a nongeostationary orbit space station or space 
                stations operated under a license granted under 
                subsection (b)(1) or a grant of market access granted 
                under subsection (c)(1); or
                  ``(B) a geostationary orbit space station or space 
                stations operated under a license granted under 
                subsection (b)(2) or a grant of market access granted 
                under subsection (c)(2).
          ``(3) Deemed granted.--If the Commission fails to grant or 
        deny a written application (including any amendment to such 
        application) submitted under paragraph (1) or (2) by the 
        deadline for the determination required by such paragraph 
        (including any extension of such deadline under paragraph (4) 
        or subsection (m)), the application (including any amendment to 
        such application) shall be deemed granted on the date on which 
        the Commission receives a written notice by the applicant of 
        the failure.
          ``(4) Exception.--The deadline for the determination required 
        by paragraph (1) or (2) may be extended by the Commission for 
        an application subject to review under subsection (n).
          ``(5) Inapplicability to blanket-licensed earth stations.--
        This subsection does not apply with respect to an earth station 
        or earth stations to the extent that the earth station or earth 
        stations will be blanket-licensed with a space station or space 
        stations as described in subsection (b)(1)(B), (b)(1)(C), 
        (b)(2)(B), (b)(2)(C), (c)(1)(B), or (c)(1)(C).
  ``(e) Determination of Public Interest, Convenience, and Necessity.--
The Commission may not make a determination to grant an application, 
renewal, or modification under subsection (b), (c), (d), (f), or (g) 
(as the case may be) unless--
          ``(1) except in the case of a modification under subsection 
        (g)(2), the Commission determines that the license, grant, or 
        authorization (as the case may be) serves the public interest, 
        convenience, and necessity; and
          ``(2) the Commission determines that--
                  ``(A) in the case of a licensee or grantee to which 
                subsection (h)(4) applies--
                          ``(i) in the case of an application, except 
                        in accordance with a coordination agreement, 
                        the licensee or grantee will not, during the 
                        term of the license or grant, exceed the 
                        quantifiable level of protection established in 
                        subsection (h)(4) in operating under the 
                        license or grant;
                          ``(ii) in the case of a renewal, except in 
                        accordance with a coordination agreement, the 
                        licensee or grantee has not exceeded, during 
                        the preceding term of the license or grant, and 
                        will not exceed, during the term of the renewal 
                        of the license or grant, the quantifiable level 
                        of protection established in subsection (h)(4) 
                        in operating under the license or grant; and
                          ``(iii) in the case of a modification, except 
                        in accordance with a coordination agreement, 
                        the licensee or grantee has not exceeded, 
                        during the portion of the term of the license 
                        or grant preceding the determination, and will 
                        not exceed, during the remainder of such term, 
                        the quantifiable level of protection 
                        established in subsection (h)(4) in operating 
                        under the license or grant; and
                  ``(B) in the case of a licensee or grantee that is 
                required to protect radio astronomy observatories by 
                the International Telecommunication Union, the 
                application, request for renewal, or request for 
                modification demonstrates that the licensee or grantee 
                will provide such protection in operating under the 
                license or grant.
  ``(f) Renewal of License, Grant of Market Access, or Authorization.--
          ``(1) In general.--Except as provided in section 309(k)(2), 
        the Commission shall grant a renewal for a license granted 
        under subsection (b), a grant of market access granted under 
        subsection (c), or an authorization granted under subsection 
        (d), upon request by the licensee, grantee, or entity with such 
        authorization (as the case may be), for a term not to exceed 
        the length of the initial term beginning the day after the date 
        on which the preceding term of the license, grant of market 
        access, or authorization expires, if the Commission determines 
        the requirements under subsection (e) and section 309(k) have 
        been met.
          ``(2) Deadline for determination.--Except as provided in 
        subsection (m), not later than 180 days after the date on which 
        the Commission receives a request for renewal of a license 
        granted under subsection (b), a grant of market access granted 
        under subsection (c), or an authorization granted under 
        subsection (d), the Commission shall--
                  ``(A) grant such request (including any amendment to 
                such request); or
                  ``(B) make the determination described in section 
                309(k)(3) and deny such request (including any 
                amendment to such request).
  ``(g) Modification of License; Grant of Market Access.--
          ``(1) Major modifications.--Except as provided in paragraphs 
        (2), (3), (5), and (6) and subsection (m), and not later than 1 
        year after the date on which the Commission receives a request 
        to modify a license granted under subsection (b)(1), the 
        Commission shall grant the request (including any amendment to 
        such request) if the Commission determines the modification 
        meets the requirements under subsection (e). Except as provided 
        in paragraphs (2), (3), and (5), the Commission may grant a 
        request (including any amendment to such request) to modify a 
        license granted under subsection (b)(2) or a grant of market 
        access granted under subsection (c) if the Commission 
        determines the modification meets the requirements under 
        subsection (e).
          ``(2) Expedited treatment for minor modifications.--
                  ``(A) NGSO license modifications.--Except as provided 
                in paragraphs (3), (5), and (6) and subsection (m), and 
                not later than 90 days after the date on which the 
                Commission receives a request to modify a license 
                granted under subsection (b)(1), the Commission shall 
                grant the request (including any amendment to such 
                request) if--
                          ``(i) the Commission determines that the 
                        modification or modifications meet the 
                        requirements (if applicable) under 
                        subparagraphs (A) and (B) of subsection (e)(2); 
                        and
                          ``(ii) the request is limited only to 
                        modifications, or a class of modifications, 
                        that--
                                  ``(I) increase transmission capacity;
                                  ``(II) improve spectral efficiency, 
                                such as by improving compression 
                                technologies;
                                  ``(III) improve the orbital variance 
                                efficiency of the space station (or 
                                space stations, considered 
                                collectively, if there is more than one 
                                such space station) authorized by the 
                                license; or
                                  ``(IV) otherwise do not substantially 
                                modify the space station (or space 
                                stations, considered collectively, if 
                                there is more than one such space 
                                station) authorized by the license.
                  ``(B) GSO license modifications.--Except as provided 
                in paragraphs (3), (5), and (6) and subsection (m), and 
                not later than 90 days after the date on which the 
                Commission receives a request to modify a license 
                granted under subsection (b)(2), the Commission shall 
                grant the request (including any amendment to such 
                request) if--
                          ``(i) the Commission determines that the 
                        modification or modifications meet the 
                        requirements (if applicable) under subsection 
                        (e)(2)(B); and
                          ``(ii) the request is limited only to 
                        modifications, or a class of modifications, 
                        that--
                                  ``(I) increase transmission capacity;
                                  ``(II) improve spectral efficiency, 
                                such as by improving compression 
                                technologies; or
                                  ``(III) otherwise do not 
                                substantially modify the space station 
                                (or space stations, considered 
                                collectively, if there is more than one 
                                such space station) authorized by the 
                                license.
                  ``(C) Deemed granted.--If the Commission fails to 
                grant a request (including any amendment to such 
                request) made by a licensee under subparagraph (A) or 
                (B) by the deadline specified in such subparagraph 
                (including any extension of such deadline under 
                paragraph (6) or subsection (m)), the request 
                (including any amendment to such request) shall be 
                deemed granted on the date on which the Commission 
                receives a written notice by the licensee of the 
                failure.
          ``(3) Emergency grant, renewal, or modification.--If the 
        Commission finds that there are extraordinary circumstances 
        requiring temporary operations in the public interest and that 
        delay in the institution of such temporary operations would 
        seriously prejudice the public interest, the Commission--
                  ``(A) may grant a license described in subsection 
                (b), a grant of market access described in subsection 
                (c), or an authorization described in subsection (d), a 
                modification of such a license, grant of market access, 
                or authorization, or renewal of such a license, grant 
                of market access, or authorization for a period not to 
                exceed 180 days in a manner and upon the terms the 
                Commission shall by rule prescribe in the case of an 
                emergency found by the Commission involving--
                          ``(i) danger to life or property; or
                          ``(ii) an action that is necessary for the 
                        national defense or security of the United 
                        States;
                  ``(B) shall include with a grant made under this 
                paragraph a statement of the reasons of the Commission 
                for making such grant;
                  ``(C) may extend a grant made under this paragraph 
                for periods not to exceed 180 days; and
                  ``(D) shall give expeditious treatment to any timely 
                filed petition to deny such application and to any 
                petition for rehearing of such grant filed under 
                section 405.
          ``(4) Exclusion.--Paragraph (2) shall not apply to a request 
        to modify a license for--
                  ``(A) the addition of an ancillary terrestrial 
                component; or
                  ``(B) modifying the service offered under the initial 
                license granted under subsection (b) between fixed 
                satellite service and mobile satellite service.
          ``(5) Automatic grant of certain modifications.--Upon 
        notification to the Commission, the Commission may 
        automatically grant a request to modify a license granted under 
        subsection (b), a grant of market access granted under 
        subsection (c), an authorization granted under subsection (d), 
        or a covered authorization, to replace--
                  ``(A) one space station (or component of such space 
                station) with a technically similar space station (or 
                component of such space station) previously approved by 
                the Commission; or
                  ``(B) one earth station (or component of such earth 
                station) with a technically similar earth station (or 
                component of such earth station) previously approved by 
                the Commission.
          ``(6) Exceptions.--The deadlines under paragraphs (1) and (2) 
        may be extended by the Commission for a request subject to 
        review under subsection (n).
  ``(h) Shared Spectrum; Protection From Harmful Interference.--
          ``(1) Grandfathered treatment and sunset of certain 
        authorizations.--
                  ``(A) In general.--For the duration of the covered 
                period--
                          ``(i) a covered authorization shall not be 
                        treated as being granted under subsection 
                        (b)(1) or subsection (c)(1) (as the case may 
                        be); and
                          ``(ii) an entity with a covered authorization 
                        shall be afforded, and shall afford to any 
                        other entity with a covered authorization, 
                        protection from harmful interference that is 
                        consistent with the terms of such protection 
                        afforded before the date of the enactment of 
                        this section.
                  ``(B) Treatment of certain applications.--The 
                Commission shall dismiss without prejudice any 
                application for a license or grant of market access to 
                operate a system described in subparagraph (A), (B), or 
                (C) of subsection (b)(1) or subparagraph (A), (B), or 
                (C) of subsection (c)(1) that is submitted to the 
                Commission after the date of the enactment of this 
                section and before the date on which the rules issued 
                pursuant to subsection (a) take effect.
          ``(2) Transitional rules.--
                  ``(A) Renewal under this section.--An entity with a 
                covered authorization may, at any time before the end 
                of the covered period, seek renewal of the covered 
                authorization under subsection (f) as if the covered 
                authorization were a license granted under subsection 
                (b)(1) or a grant of market access granted under 
                subsection (c)(1) (as the case may be). If the 
                Commission grants the renewal, the renewal shall be 
                treated as a renewal of a license granted under 
                subsection (b)(1) or a grant of market access granted 
                under subsection (c)(1) (as the case may be).
                  ``(B) Modification.--
                          ``(i) Indication of type of modification 
                        sought.--If an entity with a covered 
                        authorization submits to the Commission a 
                        request to modify the covered authorization, 
                        the entity shall indicate in the request 
                        whether the entity is seeking--
                                  ``(I) a modification of the covered 
                                authorization under the law and 
                                regulations applicable to the covered 
                                authorization; or
                                  ``(II) a modification of the covered 
                                authorization under subsection (g) as 
                                if the covered authorization were a 
                                license granted under subsection (b)(1) 
                                or a grant of market access granted 
                                under subsection (c)(1) (as the case 
                                may be).
                          ``(ii) Treatment.--If the Commission grants a 
                        request to modify a covered authorization--
                                  ``(I) in the case of a request for a 
                                modification described in clause 
                                (i)(I), the covered authorization as 
                                modified shall continue to be treated 
                                as described in paragraph (1)(A)(i) and 
                                the entity with the covered 
                                authorization shall, with respect to 
                                the covered authorization, continue to 
                                be afforded, and to afford to any other 
                                entity with a covered authorization, 
                                the protection described in paragraph 
                                (1)(A)(ii); and
                                  ``(II) in the case of a request for a 
                                modification described in clause 
                                (i)(II), the covered authorization as 
                                modified shall be treated as a license 
                                granted under subsection (b)(1) or a 
                                grant of market access granted under 
                                subsection (c)(1) (as the case may be) 
                                with respect to which a request to 
                                modify has been granted under 
                                subsection (g).
          ``(3) Good faith coordination of shared spectrum.--Not later 
        than the date on which the rules issued pursuant to subsection 
        (a) take effect--
                  ``(A) a licensee of a license granted under 
                subsection (b), a grantee of a grant of market access 
                granted under subsection (c), or an entity with a 
                covered authorization, in a spectrum band with service 
                rules that require such a licensee, grantee, or entity 
                with a covered authorization to share spectrum with 
                another such licensee, grantee, or entity with a 
                covered authorization that is authorized to use the 
                same frequencies of such spectrum, shall make a good 
                faith effort to coordinate the use of such frequencies 
                (including the use of such frequencies by an 
                individually licensed earth station) with any other 
                such licensee, grantee, or entity with a covered 
                authorization and any other entity that is authorized 
                to use such frequencies; and
                  ``(B) any other entity that is authorized to use such 
                frequencies shall make a good faith effort to 
                coordinate the use of such frequencies with any such 
                licensee, grantee, or entity with a covered 
                authorization.
          ``(4) Protection from harmful interference.--
                  ``(A) In general.--Not later than the date on which 
                the rules issued pursuant to subsection (a) take 
                effect, for any spectrum band in which the Commission 
                grants a license under subsection (b)(1) or a grant of 
                market access under subsection (c)(1) and for which the 
                service rules require such a licensee or grantee or an 
                entity with a covered authorization to share spectrum 
                (except with respect to the use of a gateway station) 
                with another such licensee, grantee, or entity with a 
                covered authorization that is authorized to use the 
                same frequencies of such spectrum, the Commission shall 
                establish a quantifiable level of protection that 
                (except with respect to the use of a gateway station) 
                such a licensee or grantee shall afford to any other 
                entity (including an entity with a covered 
                authorization but not including a licensee of a license 
                granted under subsection (b)(2) or a grantee of a grant 
                of market access granted under subsection (c)(2)) that 
                is authorized to use such frequencies.
                  ``(B) Exceptions.--Subparagraph (A) shall not apply 
                with respect to--
                          ``(i) the spectrum between the frequencies of 
                        1617.775 megahertz and 1618.725 megahertz, 
                        inclusive; or
                          ``(ii) any spectrum band allocated for the 
                        earth exploration satellite service.
          ``(5) Consideration required.--When establishing the 
        quantifiable level of protection described in paragraph (4), 
        the Commission shall, with respect to the entities to which the 
        quantifiable level of protection is required under such 
        paragraph to be afforded--
                  ``(A) consider protection of such entities based on a 
                degraded throughput methodology, requiring that, except 
                in accordance with a coordination agreement, a licensee 
                of a license granted under subsection (b)(1) or a 
                grantee of a grant of market access granted under 
                subsection (c)(1) may cause no more than a certain 
                percentage increase in the link unavailability of such 
                an entity and may reduce the throughput of such an 
                entity by no more than a certain percentage;
                  ``(B) consider protection of such entities from 
                interference beyond a permissible interference-to-noise 
                ratio, or whether interference-to-noise alone provides 
                a sufficient level of protection; and
                  ``(C) consider protection of such entities from 
                harmful interference by awarding a greater share of 
                spectrum during in-line events to earlier-filed 
                systems.
          ``(6) Relation to itu radio regulations.--Nothing in this 
        subsection shall be construed to require the Commission to 
        adopt rules regarding the use of spectrum that contravene a 
        requirement of the radio regulations of the International 
        Telecommunication Union.
          ``(7) Rule of construction.--An entity with a covered 
        authorization shall not be required to submit additional 
        information in order to retain such authorization, nor shall 
        paragraph (1)(A) affect any obligation of such entity under 
        applicable law or regulation until the end of the covered 
        period.
  ``(i) State Preemption of Market Entry; Rates.--Notwithstanding any 
other provision of law, no State or local government shall have any 
authority to regulate the entry of or the rates charged by an applicant 
or licensee related to a license granted under subsection (b), an 
applicant or grantee related to a grant of market access granted under 
subsection (c), or an applicant or entity related to an authorization 
granted under subsection (d), except that this subsection shall not 
prohibit a State from regulating the other terms and conditions of such 
a licensee, grantee, or entity.
  ``(j) Regulatory Restraint.--
          ``(1) Limitation on information required to be provided.--In 
        performing any act, making any rule or regulation, or issuing 
        any order necessary to carry out this section, the Commission--
                  ``(A) shall limit the information required to be 
                furnished to the Commission;
                  ``(B) shall demonstrate the Commission has taken 
                every reasonable step to limit the information required 
                to be furnished to the Commission;
                  ``(C) may not require, with respect to an application 
                under subsection (b), (c), or (d), a request for 
                renewal under subsection (f), or a request for 
                modification under subsection (g), the filing of any 
                information which previously has been furnished to the 
                Commission or which is not directly material to the 
                considerations that affect the granting or denial of 
                such application or request (but the Commission may 
                require any new or additional facts the Commission 
                deems necessary to make its findings); and
                  ``(D) may not request additional information 
                regarding the performance objectives established under 
                subsection (a)(1)(A) for any case in which an applicant 
                has demonstrated compliance with such performance 
                objectives.
          ``(2) Deadline for petition determination.--If an applicant 
        for a license or a licensee under subsection (b) files a 
        petition under part 1 of title 47, Code of Federal Regulations 
        (or any successor regulation) relating to information required 
        to be furnished to the Commission under this section, the 
        Commission shall grant or deny the petition within 90 days 
        after the date on which the petition is filed.
  ``(k) Relation to Experimental and Amateur Uses.--This section shall 
not apply to any Commission authorization in--
          ``(1) the experimental radio service; or
          ``(2) the amateur radio service.
  ``(l) Completeness.--
          ``(1) In general.--Not later than 20 business days after 
        receiving a written application submitted under subsection (b), 
        (c), or (d), the Commission shall--
                  ``(A) determine whether--
                          ``(i) such application contains--
                                  ``(I) in the case of an application 
                                submitted under subsection (b), all of 
                                the information required to be 
                                submitted with the application under 
                                subsection (b)(3) and the first 
                                sentence of section 308(b);
                                  ``(II) in the case of an application 
                                submitted under subsection (c), all of 
                                the information required to be 
                                submitted with the application under 
                                subsection (c)(3) and the first 
                                sentence of section 308(b); or
                                  ``(III) in the case of an application 
                                submitted under subsection (d), all of 
                                the information required to be 
                                submitted with the application under 
                                the first sentence of section 308(b); 
                                and
                          ``(ii) the applicant has paid the fee (if 
                        any) required under section 8 in connection 
                        with the application; and
                  ``(B) either--
                          ``(i) if both determinations under 
                        subparagraph (A) are in the affirmative, issue 
                        a public notice of the acceptance for filing of 
                        such application; or
                          ``(ii) if either determination under 
                        subparagraph (A) is in the negative, provide 
                        notice to the applicant of the negative 
                        determination, including what information that 
                        was required to be submitted was not submitted 
                        or the amount of the application fee due, or 
                        both (as the case may be).
          ``(2) Inaction by commission.--If the Commission does not 
        comply with paragraph (1) with respect to an application by the 
        deadline specified in such paragraph, the Commission shall be 
        deemed for purposes of subsection (b), (c), or (d) (as the case 
        may be) to have issued a public notice of the acceptance for 
        filing of such application on the date that is 21 business days 
        after the date on which such application was received.
          ``(3) Limitation.--In making a determination under paragraph 
        (1)(A)(i), the Commission may only consider whether the 
        application contains the information described in subclause 
        (I), (II), or (III) (as the case may be) of such paragraph and 
        may not consider whether the information is sufficient to allow 
        the Commission to grant or deny the application.
  ``(m) Tolling.--
          ``(1) In general.--Except as provided in subsections (b)(5), 
        (d)(4), and (g)(6), with respect to an application for a 
        license under subsection (b) or an authorization under 
        subsection (d), or a request for renewal under subsection (f) 
        or modification under subsection (g) of a license granted under 
        subsection (b), a grant of market access granted under 
        subsection (c), or an authorization granted under subsection 
        (d), the Commission may extend the deadline under subsection 
        (b), (d), (f), or (g) (as the case may be) for consideration of 
        the application or request only if the Commission--
                  ``(A) finds that there are extraordinary 
                circumstances requiring additional time for 
                consideration of the application or request such that, 
                if the deadline were not extended, the public interest 
                would be seriously prejudiced; and
                  ``(B) issues a public notice of the finding described 
                in subparagraph (A) that states--
                          ``(i) the reasons of the Commission for the 
                        extension; and
                          ``(ii) the length of the period of the 
                        extension.
          ``(2) Length.--The Commission may not grant an extension of a 
        deadline under paragraph (1) for a period that exceeds 90 days 
        but may grant 1 or more additional extensions of such deadline 
        under such paragraph, if the Commission makes the finding and 
        issues the public notice required by such paragraph with 
        respect to any such additional extension.
  ``(n) Review for National Security and Law Enforcement Concerns.--
          ``(1) Review required for entities with reportable foreign 
        ownership.--In the case of an application under subsection (b), 
        (c), or (d), a request for modification under subsection (g), 
        or a request for modification of a covered authorization that 
        is submitted by an entity that the Commission determines to 
        have reportable foreign ownership, the Commission shall refer 
        such application or request to the Committee for the Assessment 
        of Foreign Participation in the United States 
        Telecommunications Services Sector established by Executive 
        Order No. 13913 (85 Fed. Reg. 19643) (in this subsection 
        referred to as the `Committee') for review of national security 
        and law enforcement concerns that may be raised by such 
        application or request.
          ``(2) Review at discretion of commission.--In addition to the 
        applications and requests that the Commission is required to 
        refer to the Committee under paragraph (1), the Commission may, 
        in the discretion of the Commission, refer any other 
        application under subsection (b), (c), or (d), request for 
        modification under subsection (g), or request for modification 
        of a covered authorization to the Committee for review of 
        national security and law enforcement concerns that may be 
        raised by such application or request.
  ``(o) Definitions.--In this section:
          ``(1) Covered application.--The term `covered application' 
        means an application for a license or grant of market access to 
        operate a system described in subparagraph (A), (B), or (C) of 
        subsection (b)(1) or subparagraph (A), (B), or (C) of 
        subsection (c)(1) that is pending on the date of the enactment 
        of this section.
          ``(2) Covered authorization.--The term `covered 
        authorization' means--
                  ``(A) a license or grant of market access granted by 
                the Commission to operate a system described in 
                subparagraph (A), (B), or (C) of subsection (b)(1) or 
                subparagraph (A), (B), or (C) of subsection (c)(1) that 
                is in effect on the date of the enactment of this 
                section; or
                  ``(B) a license or grant of market access granted by 
                Commission approval of a covered application.
          ``(3) Covered period.--The term `covered period' means, with 
        respect to a covered authorization, the period of time that 
        begins on the date of the enactment of this section and ends on 
        the earliest of--
                  ``(A) the date that is 11 years after such date of 
                enactment;
                  ``(B) the date on which the Commission determines 
                that the licensee or grantee (as the case may be) has 
                not either--
                          ``(i) deployed a level of service 
                        commensurate with the terms of the license or 
                        grant of market access; or
                          ``(ii) otherwise demonstrated progress and 
                        investment consistent with the deployment 
                        obligations under the license or grant of 
                        market access;
                  ``(C) the date on which the Commission grants a 
                request to renew the covered authorization; or
                  ``(D) the date on which the Commission grants a 
                request for a modification of the covered authorization 
                described in subsection (h)(2)(B)(i)(II).
          ``(4) Covered radiocommunication service.--The term `covered 
        radiocommunication service' means a radiocommunication service 
        (as defined in the radio regulations of the International 
        Telecommunication Union that are in force as of the date of the 
        enactment of this section (or any successor to such 
        regulations)), except that such term does not include any 
        radionavigation or safety service specifically identified by 
        the Commission as a safety service for aeronautical or maritime 
        transportation.
          ``(5) Gateway station.--The term `gateway station' means an 
        earth station or a group of earth stations that--
                  ``(A) supports the routing and switching functions of 
                a system operated under a license granted under 
                subsection (b) or a grant of market access granted 
                under subsection (c);
                  ``(B) may also be used for telemetry, tracking, and 
                command transmissions;
                  ``(C) does not originate or terminate communication 
                traffic; and
                  ``(D) is not for the exclusive use of any customer.
          ``(6) Individually licensed earth station.--The term 
        `individually licensed earth station' means--
                  ``(A) an earth station (other than a blanket-licensed 
                earth station) that sends a signal to, and receives a 
                signal from--
                          ``(i) a nongeostationary orbit space station 
                        or space stations operated under a license 
                        granted under subsection (b)(1) or a grant of 
                        market access granted under subsection (c)(1); 
                        or
                          ``(ii) a geostationary orbit space station or 
                        space stations operated under a license granted 
                        under subsection (b)(2) or a grant of market 
                        access granted under subsection (c)(2); or
                  ``(B) a gateway station.
          ``(7) Orbital variance efficiency.--The term `orbital 
        variance efficiency' means the mean of the distance between the 
        actual altitude of each space station and the authorized 
        altitude for each space station authorized under subsection 
        (b)(1).''.
  (b) Relation to Other Law Amendments.--The Communications Act of 1934 
(47 U.S.C. 151 et seq.) is amended--
          (1) in section 309(j)(2)--
                  (A) in subparagraph (B), by striking ``; or'' and 
                inserting a semicolon;
                  (B) by redesignating subparagraph (C) as subparagraph 
                (D); and
                  (C) by inserting after subparagraph (B) the following 
                new subparagraph:
                  ``(C) for licenses, grants of market access, or 
                authorizations granted under section 346; or''; and
          (2) in section 309(k)--
                  (A) in the heading, by striking ``Broadcast Station 
                Renewal Procedures'' and inserting ``Renewal Procedures 
                for Certain Authorizations'';
                  (B) in paragraph (1)--
                          (i) in the matter preceding subparagraph 
                        (A)--
                                  (I) by inserting ``, the licensee of 
                                a license granted under section 346(b), 
                                the grantee of a grant of market access 
                                granted under section 346(c), or an 
                                entity with authorization granted under 
                                section 346(d),'' after ``broadcast 
                                station'';
                                  (II) by inserting ``, grant, or 
                                authorization'' after ``such license'';
                                  (III) by striking ``that station'' 
                                and inserting ``that licensee, grantee, 
                                or entity''; and
                                  (IV) by inserting ``, grant of market 
                                access, or authorization'' after ``its 
                                license'';
                          (ii) in subparagraph (A), by striking ``the 
                        station'' and inserting ``in the case of a 
                        broadcast station, the station'';
                          (iii) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (C) and (D), respectively;
                          (iv) by inserting after subparagraph (A) the 
                        following:
                  ``(B) in the case of a licensee of a license granted 
                under section 346(b), a grantee of a grant of market 
                access granted under section 346(c), or an entity with 
                authorization granted under section 346(d), the 
                licensee, grantee, or entity has met the requirements 
                of section 346(e);'';
                          (v) in subparagraph (C), as so redesignated, 
                        by inserting ``, grantee, or entity'' after 
                        ``licensee''; and
                          (vi) in subparagraph (D), as so redesignated, 
                        by inserting ``, grantee, or entity'' after 
                        ``licensee'';
                  (C) in paragraph (2), by inserting ``, or the 
                licensee of a license granted under section 346(b), the 
                grantee of a grant of market access granted under 
                section 346(c), or an entity with authorization granted 
                under section 346(d),'' after ``broadcast station'';
                  (D) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A), 
                        by inserting ``of a broadcast station, a 
                        licensee of a license granted under section 
                        346(b), a grantee of a grant of market access 
                        granted under section 346(c), or an entity with 
                        authorization granted under section 346(d)'' 
                        after ``that a licensee'';
                          (ii) in subparagraph (A)--
                                  (I) by inserting ``, grantee, or 
                                entity'' after ``licensee''; and
                                  (II) by inserting ``or 346'' after 
                                ``section 308''; and
                          (iii) in subparagraph (B), by striking 
                        ``former licensee'' and inserting ``former 
                        licensee of a broadcast station or such 
                        applications for a license, grant of market 
                        access, or authorization as may be filed under 
                        section 346(b), 346(c), or 346(d) specifying 
                        the information of the former licensee, 
                        grantee, or entity''; and
                  (E) in paragraph (4), by inserting ``, grant of 
                market access, or authorization'' after ``license''.
  (c) Applicability.--The requirements in the amendments made by this 
section apply with respect to any application submitted under 
subsection (b), (c), or (d) of section 346 of the Communications Act of 
1934 and any request for renewal or modification submitted under such 
section, as added by subsection (a), on or after the date of the 
enactment of this Act.

                          Purpose and Summary

    H.R. 1338, the ``Satellite and Telecommunications 
Streamlining Act'' or ``SAT Streamlining Act'' would amend the 
Communications Act of 1934 (``Act'') to add a new section 
clarifying the Federal Communications Commission's (FCC) 
authority to grant licenses for geostationary (GSO) and non-
geostationary (NGSO) satellite services, grants of market 
access for foreign-licensed GSO and NGSO satellite services, 
and authorizations for Earth stations (including gateway 
stations). H.R. 1338 would also direct how the FCC grants 
modifications to, and renewals of, a license or grant of market 
access granted under this authority. Finally, H.R. 1338 would 
require the FCC to issue rules within 18 months after the date 
of enactment to implement key provisions of the bill.

                  Background and Need for Legislation

    The Committee on Energy and Commerce (Committee) has long 
prioritized closing the digital divide and encouraged 
investment and innovation in communications technologies. 
Communications services provided by satellite operators are an 
important component of the communications marketplace. 
Currently, satellite operators provide both broadband service 
to homes and businesses as well as mission critical services 
like voice, video, data, and observation capabilities to 
critical infrastructure companies and the Federal 
government.\1\
---------------------------------------------------------------------------
    \1\See, 2022 Communications Marketplace Report, Federal 
Communications Commission, at para. 174. Rel. December 30, 2022. 
Available at: https://www.fcc.gov/reports-research/reports/
consolidated-communications-marketplace-reports/CMR-2022.
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    The FCC has jurisdiction and authority to regulate ``all 
interstate and foreign communication by wire or radio and all 
interstate and foreign transmission of energy by radio, which 
originates and/or is received within the United States . . . 
and to the licensing and regulating of all radio stations as 
hereinafter provided.''\2\ The FCC is also responsible for 
authorizing the use of electromagnetic spectrum (``spectrum'') 
in the United States, and has authority to ``[m]ake such rules 
and regulations and prescribe such prescriptions and 
conditions, not inconsistent with law, as may be necessary to 
carry out the provisions of the Act. . . .''\3\ The FCC has 
used this authority to regulate the transmission and reception 
of satellite communications for decades, and therefore plays an 
important role in advancing the availability of satellite-
provided communications services in the United States.\4\
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    \2\Communications Act of 1934 Sec. Sec.  2; 303 at 47 U.S.C. 152.; 
303.
    \3\47 U.S.C. 303(r).
    \4\Supra, Note 2.
---------------------------------------------------------------------------
    Satellites operate in either a geostationary satellite 
orbit (GSO) or in a non-geostationary satellite orbit (NGSO). 
GSO satellite systems rotate around the Earth at the same speed 
that the Earth rotates. This means they appear as stationary 
from Earth, and operate at approximately 22,300 miles above 
earth, which can result in a delay in transmitting a signal 
from Earth to the satellite, and back. NGSO systems, on the 
other hand, can operate at varying altitudes, and many current 
and proposed systems operate closer to Earth in low earth orbit 
(LEO). NGSO systems can also operate in medium earth orbit 
(MEO) or high earth orbit (HEO). Due to their closer proximity 
to Earth, NGSO satellites can offer lower latency services than 
their GSO counterparts. However, as any one satellite moves 
closer to Earth, the geographic area it serves becomes smaller. 
Thus, NGSO systems in low earth orbit require many satellites 
to cover the same area that may be served by only a few GSO 
satellites. In the same way cellular networks hand off your 
signal from one tower to the next, certain NGSO systems also 
hand off a signal to other satellites in the constellation as 
they pass over the consumer on Earth.
    Satellite operators must make tradeoffs when determining 
whether to design and operate a system in geostationary orbit 
or non-geostationary orbit. GSO systems require fewer 
satellites to provide ubiquitous coverage around the world, but 
may be more expensive to build and launch, have higher latency 
that could affect the quality of service, and require larger, 
higher powered ground stations.\5\ On the other hand, NGSO 
satellites may provide less latency, but require many more 
satellites to be launched and must operate as a constellation 
to reach a desired service level or ubiquitous coverage.\6\ 
Much like the terrestrial communications marketplace where 
broadband providers utilize fixed and wireless technologies, 
many satellite communications providers operate or partner with 
other terrestrial or satellite communications providers to 
utilize satellites in both geostationary and non-geostationary 
orbit for best service.
---------------------------------------------------------------------------
    \5\Supra, Note 1 at para.177.
    \6\Supra, Note 1 at para. 178.
---------------------------------------------------------------------------
    The satellite communications marketplace has transformed in 
recent years, with record levels of pending applications at the 
FCC for the use of spectrum for satellite communications 
technologies.\7\ Recently, over twenty distinct applications 
have been submitted to the FCC for authorization of more than 
70,000 satellites to provide communications services.\8\ This 
is largely because the economics of launching new satellites 
have become more affordable, and private capital investments in 
commercial satellite communications providers has increased.\9\
---------------------------------------------------------------------------
    \7\See A. Kriezis and W. Q. Lohmeyer, U.S. Market Access 
Authorization Timeline Analysis for Megaconstellation Networks, OSSTP 
(Apr, 2022), https://www.osstp.org/fcc-analysis.
    \8\Supra, Note 6.
    \9\See, https://www.morganstanley.com/ideas/future-space-economy.
---------------------------------------------------------------------------
    Despite advancements in technology and increased 
investment, the process by which the FCC reviews applications 
to provide satellite communications services has not 
substantially changed. In 2003, the FCC established a mechanism 
to review applications for authorization to operate a NGSO 
satellite system to provide Fixed Satellite Services (FSS) 
called ``processing rounds.''\10\ Under the processing round 
mechanism, if the application is the first application in a 
processing round, and the FCC determines it is acceptable for 
filing, the application serves as the ``lead application.'' The 
FCC then puts the lead application on public notice and sets a 
cutoff date by which other competing applications, pleadings, 
or petitions to deny may be filed.\11\
---------------------------------------------------------------------------
    \10\47 C.F.R. 25.157(c); See, ``In the Matter of Amendment of the 
Commission's Space Station Licensing Rules and Policies'', First Report 
and Order and Further Notice of Proposed Rulemaking, Federal 
Communications Commission (IB Docket No. 02-34). Rel. May 19, 2003. 
Available at: https://docs.fcc.gov/public/attachments/FCC-03-102A1.pdf.
    \11\Id.
---------------------------------------------------------------------------
    At the completion of the processing round, the Commission 
grants any application that meets its requirements.\12\ Because 
NGSO FSS licensees share the same frequencies, they are also 
required to coordinate the use of spectrum with other users in 
those frequencies in good faith.\13\ Under the current rules, 
NGSO FSS systems revert to a band splitting procedure that 
reduces the use of spectrum by each system absent a 
coordination agreement to avoid system interference.\14\
---------------------------------------------------------------------------
    \12\47 C.F.R. 25.156.
    \13\47 C.F.R. 25.261(b).
    \14\47 C.F.R. 25.261(c).
---------------------------------------------------------------------------
    Entities that are licensed to provide NGSO FSS services in 
another country may also serve the U.S. market.\15\ However, 
these entities must petition the FCC for authorization to 
transmit to Earth stations in the United States, also known as 
petitioning for ``market access.'' Under the FCC's current 
rules, petitions for a grant of market access are granted on 
the same basis as an application for a license.
---------------------------------------------------------------------------
    \15\47 C.F.R. 25.137.
---------------------------------------------------------------------------
    Due to the global nature of the satellite marketplace, the 
use of spectrum and orbital resources is coordinated by the 
International Telecommunication Union (ITU). These resources 
are limited, and the ITU has devised a process that gives 
priority to systems that have filed their systems earlier than 
others. Domestic administrations, like the FCC, must ensure 
that their licensing rules for satellite systems are consistent 
with ITU Radio Regulations.
    While the ITU Radio Regulations provide requirements for 
how domestic administrations implement their licensing 
frameworks, many other countries do not take steps to ensure 
systems they license are good stewards of space or spectrum. 
Because the satellite marketplace is global, operators have a 
choice where they file for their license and may opt to file in 
certain jurisdictions over others to avoid perceived regulatory 
burdens, including those intended to ensure that operators are 
good stewards of space.
    To this end, the Committee has identified that the FCC's 
processing round mechanism incentivizes outcomes that result in 
delays in processing applications, gamesmanship of the FCC's 
rules by market participants, inefficient system designs, and 
entities seeking authorization and licensing of satellite 
services intended to serve the United States through foreign 
administrations.
    Specifically, the Committee recognizes that processing 
rounds may incentivize the parties to prolong the process, 
including by prompting the FCC to request substantial volumes 
of information after an application has been submitted to 
determine its acceptability for filing and whether the 
application is in the public interest. By their nature, 
processing rounds seek to resolve harmful interference between 
NGSO systems by comparing the system design and performance 
characteristics of each system in the round. However, this 
analysis drives supplemental information requests that burden 
applicants and are perceived by some applicants to be 
unnecessary. The Committee has received satellite application 
and processing data from the FCC that demonstrates that over 
time increased application volume and complexity has resulted 
in significant delays in processing new applications and 
modifications of existing applications for NGSO and GSO 
licenses and Earth Station authorizations via the processing 
round mechanism. Witness testimony and independent review of 
these data support this.\16\
---------------------------------------------------------------------------
    \16\See Testimony of Whitney Q. Lohmeyer, Hearing Entitled, 
``Liftoff: Unleashing Innovation in Satellite Communication 
Technologies.'' and see also Note 8.
---------------------------------------------------------------------------
    Additionally, the Committee finds that processing rounds 
are a barrier to new entrants in many cases. If a prospective 
applicant seeking authorization to use spectrum for a NGSO 
system misses the cutoff deadline for the processing round, the 
applicant must wait until the conclusion of the round before 
submitting an application that could begin a new processing 
round in the same frequency band. Furthermore, these later 
round systems are at a competitive disadvantage under the 
current processing round framework due to the weaker priority 
they receive from harmful interference to their spectrum usage. 
Given the cost of failing to submit an application before the 
cutoff deadline, prospective applicants are incentivized to 
design a system and submit the application in a short 
timeframe, which may result in inefficient system design.
    If an applicant is able to file an application in a timely 
manner that is acceptable for filing, placed on public notice, 
and included in a processing round, the Committee finds that 
some applicants believe there is a strong incentive for the 
applicants' competitors to repeatedly file spurious and 
repetitive technical and other documents in the record to raise 
the FCC's burden and delay approval of the application. Witness 
testimony supports the Committee's finding.\17\ This results in 
FCC staff needing to address concerns raised in the record to 
meet its burden under the Administrative Procedure Act.\18\
---------------------------------------------------------------------------
    \17\See Testimony of David Goldman, Hearing Entitled, ``Liftoff: 
Unleashing Innovation in Satellite Communications Technologies.''
    \18\5 U.S.C. 551 et seq.
---------------------------------------------------------------------------
    The Committee also finds that asymmetry between the FCC's 
satellite communications licensing framework and foreign 
administrations' licensing frameworks may place companies that 
choose to license in the United States at a competitive 
disadvantage. While the satellite marketplace is global, the 
United States' market is very lucrative one, driving many 
applicants to seek a license in a foreign administration and 
then seek market access to serve the United States in order to 
reap the benefits while avoiding certain regulatory 
requirements.
    Given the changes in the satellite marketplace since the 
establishment of processing rounds in 2003, the Committee finds 
that the FCC's current licensing framework is outdated as well 
as may limit competition and inhibit innovation in satellite 
communications technologies. Accordingly, H.R. 1338 establishes 
a new framework for licensing these systems to ensure the FCC's 
processes for licensing adequately respond to current market 
conditions and facilitate competition and innovation while also 
leveling the playing field for those satellite systems licensed 
in the United States.

                            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. 1338 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. 1338, 
without amendment, to the full Committee by a record vote of 23 
yeas and 0 nays. On March 23, 2023, the full Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
1338, as amended, favorably reported to the House by a record 
vote of 44 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:


                 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. 1338 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 
establish specific authority for the Federal Communications 
Commission that streamlines the process to grant licenses, 
market access, and authorizations for nongeostationary orbit 
satellite systems, geostationary orbit satellite systems, and 
earth stations, as well as modifications and renewals of those 
licenses, grants of market access, and authorizations.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1338 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. 1338:
    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. 1338 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. 1338 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 ``Satellite and Telecommunications Streamlining Act'' or 
the ``SAT Streamlining Act''.

Section 2. Authority Regarding Certain Licenses

    Subsection (a) amends Title III of the Communications Act 
of 1934 by creating a new section 346 titled, ``Radiofrequency 
Licensing Authority Regarding Certain Operations.'' This 
section provides authority for the FCC to authorize licenses 
and grants of market access for non-geostationary orbit and 
geostationary orbit satellite systems. This section also 
provides authority for the FCC to authorize the use of Earth 
stations to receive a signal from a NGSO or GSO space station 
licensed under section 346. This new authority would supersede 
any other authority the Commission has previously asserted.
    The newly created section 346 has several subsections that 
further define the FCC's authority and key terms.
    Subsection (a)(1) of the SAT Streamlining Act would require 
the FCC to establish rules within 18 months to implement 
various provisions of the new section. This subsection would 
apply to all NGSO applications for a license under subsection 
(b) and all NGSO applications for a grant of market access 
under subsection (c), and some provisions would apply to GSO 
applications. The FCC's rules must include: (1) Specific, 
measurable, and technology-neutral performance objectives for 
space safety and orbital debris; (2) Specific modifications or 
classes of modifications that warrant expedited review; (3) How 
the FCC should be notified of very minor modifications; (4) How 
grandfathered satellite systems are required to notify the FCC 
of modification requests; (5) Specific actions taken by a 
licensee that constitute a failure to coordinate shared 
spectrum in good faith; (6) A quantifiable level of 
interference protection for NGSO satellite systems; (7) Interim 
rules for grandfathered spectrum rights for certain NGSO 
satellite systems; and (8) Reportable foreign ownership that 
triggers a national security review of satellite applications.
    Subsection (a)(2) provides that with respect to the rules 
that establish technology neutral, measurable performance 
objectives for space safety and orbital debris, the FCC may not 
establish a performance objective that conflicts with any 
standard practice established in the Orbital Debris Mitigation 
Standard Practices adopted by the United States Government.
    Subsection (b) establishes a 1-year shot clock for approval 
or denial of NGSO and GSO applications, except for applications 
that are subject to tolling under subsection (m) or national 
security review under subsection (n).
    Subsection (b) also requires NGSO and GSO applicants, as 
part of their application, to submit performance metrics with 
respect to the frequencies and transmission power to be used 
and a demonstration of compliance with the performance 
objectives established in the FCC's rules under subsection (a). 
Subsection (b) provides that an initial license term may be no 
more than 15 years.
    Finally, subsection (b)(6) establishes a streamlined 
approval process for small, FCC-licensed NGSO systems that meet 
additional, stringent requirements, including the good faith 
and interference requirements established under subsection (h).
    Subsection (c) provides that the FCC may grant petitions 
for market access by a foreign-licensed NGSO or GSO system. 
Subsection (c) requires the FCC to grant NGSO applications for 
a grant of market access subject to the same performance 
metrics and compliance required by applicants for a license 
under subsection (b). Finally, subsection (c) provides that an 
initial grant of market access term may be no more than 15 
years.
    The Committee recognizes that the FCC currently grants 
access to the United States market by approving a ``petition'' 
for declaratory rulemaking, rather than an ``application.'' The 
Committee views these terms as interchangeable, and for 
purposes of section 346, the term application includes 
petitions for declaratory rulemaking regarding market access 
requests.
    Subsection (d) requires the FCC to grant authorizations for 
individually licensed Earth stations that receive a signal 
from, and send a signal to, a NGSO or GSO system approved by 
the FCC (including gateway stations) within 1 year of receiving 
the application. Subsection (d) also requires the FCC to grant 
authorizations for receive-only Earth stations that receive a 
signal from a NGSO or GSO system approved by the FCC within 30 
days of receiving the application. The FCC would be permitted 
to pause these shot clocks if an application is subject to 
tolling under subsection (m) or national security review under 
subsection (n). Additionally, applications for individually 
licensed Earth stations (including gateway stations) and 
receive-only Earth stations would be deemed granted if the FCC 
fails to act on the application within the deadline, except in 
the case where subsections (m) or (n) are triggered by the FCC.
    Subsection (e) establishes the FCC's public interest 
authority to grant an application, modification or renewal of 
NGSO systems, GSO systems, and Earth stations. In determining 
whether an application, modification, or renewal of a NGSO 
license or grant of market access in a band with service rules 
for shared spectrum is in the public interest, the FCC is 
required to determine if the quantifiable level of protection 
established under subsection (h)(4) is satisfied. Additionally, 
for NGSO licenses or grants of market access that are required 
by the ITU to protect radioastronomy observatories, the FCC 
must find that such observatories are protected in determining 
whether an application, modification, or renewal for any 
license or grant of market access is in the public interest.
    Subsection (f) requires the FCC to renew a license or grant 
of market access for a NGSO system, GSO system, or Earth 
station previously approved by the Commission for a term not to 
exceed the initial term of the license or grant of market 
access if it meets the renewal requirements in section 309(k) 
of the Act and subsection (e). Subsection (f) also requires the 
FCC to grant or deny a renewal application within 180 days.
    The Committee notes that there may be circumstances where 
an applicant or the FCC determines that a renewal of a license 
or grant of market access should be for a term less than the 
initial term. The Committee finds that such a renewal is 
consistent with the legislation.
    Subsection (g) establishes the FCC's authority to approve 
modifications to NGSO systems, GSO systems, or Earth stations 
granted under subsections (b), (c), and (d). The FCC would be 
required to approve or deny major modifications to an FCC-
licensed NGSO system within 1 year and may approve major 
modifications to other systems. In both cases, the FCC would 
determine modifications in the public interest established in 
subsection (e), and any applicable shot clocks would be subject 
to tolling under subsection (m) and national security review 
under subsection (n).
    Subsection (g)(2)(A) would also streamline the process for 
FCC-licensed NGSO systems to make minor modifications if the 
modification does not exceed the quantifiable level of 
protection in subsection (h)(4) and the request is limited to 
modifications, or a class of modifications that: (1) Increase 
transmission capacity; (2) Improve spectral efficiency, such as 
by improving compression technologies; (3) Improve the orbital 
variance efficiency of the constellation; or (4) Otherwise do 
not substantially modify the constellation.
    Subsection (g)(2)(B) would streamline the process for FCC-
licensed GSO systems to make minor modifications if the FCC 
determines in the rulemaking under subsection (a)(1)(B) that 
the modification is minor and the request is limited to 
modifications, or a class of modifications that: (1) Increase 
transmission capacity; (2) Improve spectral efficiency, such as 
by improving compression technologies; or (3) Otherwise does 
not substantially modify the space station or space stations 
authorized by the license.
    Subsection (g)(3) provides that the FCC may approve 
emergency modifications in limited circumstances. The FCC may 
approve an emergency modification if there are extraordinary 
circumstances requiring temporary operations in the public 
interest and that delay in approving those temporary operations 
would seriously harm the public interest. However, the FCC may 
only grant emergency modifications for up to 180 days and is 
required to include a statement of the reasons why the 
Commission is approving the modification. The FCC would be 
permitted to extend an emergency modification for no more than 
180 days at a time, and petitions for rehearing are required to 
get expeditious treatment.
    Subsection (g)(4) prohibits the FCC from considering 
modification requests to add an ancillary terrestrial component 
or modification requests to change the service provided between 
fixed satellite service and mobile satellite services as minor 
modifications for streamlined treatment. Such modifications 
could be considered by the FCC as major modifications.
    Subsection (g)(5) clarifies the FCC's authority to grant 
automatically a request to replace one space station (or a 
component of such space station) or one Earth station (or 
component of such Earth station) with a technically similar 
space station or Earth station (or component) that was 
previously approved by the Commission upon notification by the 
applicant to the FCC.
    Finally, subsection (g)(6) provides that the deadlines for 
major and minor modifications may be extended for applications 
subject to national security review under subsection (n).
    Subsection (h) establishes protections from harmful 
interference for NGSO systems approved under subsections (b) 
and (c) and directs the FCC to establish a quantifiable level 
of protection.
    The Committee notes that with respect to an entity with a 
covered authorization, the covered period applies on a specific 
basis to each covered authorization. Accordingly, the Committee 
expects that interim rules established under subsection 
(a)(1)(G) similarly apply to each covered authorization for the 
duration of the covered period.
    Subsection (h)(1) grandfathers both certain existing 
licenses or grants of market access for NGSO systems and 
pending applications for such licenses or grants of market 
access pending as of the date of enactment of H.R. 1338. As a 
result, applications for licenses or grants of market access 
that were pending as of the bill's enactment and that are 
ultimately granted by the Commission would not be treated as 
licensed under section 346 and would retain their protection 
from harmful interference consistent with the terms of such 
protection afforded before the date of enactment of the SAT 
Streamlining Act until the earliest of: (1) 11 years; or (2) 
the date on which a grandfathered license or grant of market 
access receives FCC approval for a major modification as if 
they were licensed under subsection (b)(1) or (c)(1).
    Additionally, the Committee recognizes that some 
applications that are pending at the FCC on or before the date 
of enactment may be placed into a processing round after the 
date of enactment. The Committee finds that placing these 
covered applications into an existing processing round or 
creating a new processing round for certain covered 
applications is consistent with the intent of the legislation.
    Subsection (h)(2)(A) provides that a grandfathered NGSO 
license or grant of market access may seek renewal under 
subsection (f) and be treated as licensed under section 346 
upon the expiration of the grandfathered license or grant of 
market access.
    Subsection (h)(2)(B) provides that a grandfathered NGSO 
license or grant of market access may modify their license or 
grant of market access consistent with the rules that govern 
such requests today. Grandfathered systems may also seek 
modification under subsection (g), which would end their 
covered period and therefore their grandfathered protections.
    The Committee finds that some entities with a covered 
authorization may choose voluntarily to end their covered 
period before the involuntary expiration of their covered 
period and seek treatment under section 346. Accordingly, 
subsection (h)(2) clarifies how such an entity may exercise 
that voluntary choice through a modification or renewal of its 
covered authorization as if it were licensed under section 346 
and subject to the standard of review set forth in the section.
    Subsection (h)(3) would require NGSO systems in a spectrum 
band with service rules that require licensees or grantees of 
market access to share the spectrum to make a good faith effort 
to coordinate the use of the spectrum with any other licensee, 
grantee, or grandfathered entity that has authorization to use 
the band.
    Subsection (h)(4) requires the FCC to establish a 
quantifiable level of protection that certain NGSO licensees or 
grantees authorized under subsections (b)(1) and (c)(1) would 
be required to afford to any other licensee, grantee, or entity 
with an authorization to use spectrum in the band, except GSO 
systems authorized under subsections (b)(2) or (c)(2). 
Subsection (h)(4) also clarifies that for purposes of section 
346, references to ``shared spectrum'' in this paragraph apply 
to only to those spectrum frequencies where more than one 
licensee or grantee under subsection (b)(1) or (c)(1), 
including an entity with a covered authorization, is authorized 
to use the same frequencies of such spectrum. Additionally, 
subsection (h)(4)(B) provides that certain frequencies shall 
not be treated as being shared.
    The Committee notes that applicants under subsection (b)(1) 
or (c)(1) to which subsection (h)(4) applies are required to 
demonstrate compliance with the quantifiable level of 
protection established by the FCC under subsection (a)(1)(F). 
The Committee further notes that the requirement under 
subsection (h)(4) is not intended to include telemetry, 
tracking, and control (TT&C) frequencies associated with the 
application for use of shared spectrum. The Committee expects 
that the FCC will continue to authorize use of TT&C frequencies 
for licensees under subsection (b), provided that the FCC 
determines such use is in the public interest.
    The Committee also finds that there are several types of 
services that could be provided by licensees granted under 
subsection (b) or grantees of a grant of market access under 
subsection (c) that share spectrum. The Committee understands 
that not all entities share spectrum in the manner contemplated 
in subsection (h)(4), and that some entities that seek a 
license under subsection (b) or a grant of market access under 
subsection (c) may not be required to comply with the 
quantifiable level of protection established in subsection 
(h)(4) if they do not share spectrum in the manner envisioned 
in this paragraph. However, the Committee notes that a 
determination regarding the inapplicability of that requirement 
is made on the basis of how a specific service uses spectrum, 
and not on the basis of what type of service is provided. The 
Committee expects that, as technology evolves, some services 
that do not share spectrum as envisioned in subsection (h)(4) 
may evolve to utilize technologies that enable the use of 
spectrum in the manner envisioned under this paragraph. 
Accordingly, the Committee expects that the requirements that 
apply to shared spectrum would apply to services that evolve to 
meet the definition established in subsection (h)(4), except 
for the exceptions specifically provided for in (h)(4)(B).
    Finally, the Committee notes that the requirement of 
subsection (h)(4) applies:

        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 
        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 Committee finds that this language preserves the discretion 
of the FCC to establish service rules for a given band and 
authorizes more than one entity to use the same frequencies of 
spectrum in a band. The Committee notes that the FCC's 
determination on the service rules for a band and whether the 
FCC has authorized more than one entity to use the same 
frequencies of spectrum would determine whether the requirement 
of (h)(4) applies in that band.
    Subsection (h)(5) requires the FCC to consider certain 
options when establishing the quantifiable level of protection 
required under subsection (h)(4). Specifically, the FCC would 
be required to consider whether the following mechanisms should 
be used to implement subsection (h)(4): (1) 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 (c)(1) may cause no more than a certain 
percentage increase in the link unavailability of another such 
licensee or grantee and may reduce the throughput of such other 
licensee or grantee by no more than a certain percentage; (2) A 
permissible interference-to-noise ratio methodology, including 
whether interference-to-noise alone provides a sufficient level 
of protection; (3) A methodology that would protect an entity 
by awarding a greater share of spectrum during in-line events 
to earlier-filed systems.
    Subsection (i) preempts State and local authority to 
regulate the market entry or rates charged by a licensee under 
subsection (b), a grantee of market access under subsection 
(c), or an entity with authorization under subsection (d).
    Subsection (j) prohibits the FCC from requesting additional 
information from applicants who have demonstrated their 
compliance with performance objectives required in their 
application. Subsection (j) also requires the FCC, in making 
any rule or regulation to carry out new section 346, to 
demonstrate that it has taken every reasonable step to limit 
the information required to be furnished to the FCC. Finally, 
subsection (j) would provide expedited review of a petition by 
an applicant who believes either the FCC has requested 
information that is unnecessary due to their compliance with 
the performance objectives or that the FCC has not taken every 
reasonable step to limit the information required to be 
furnished to the agency.
    Subsection (k) provides that section 346 does not apply to 
any authorization in the experimental radio service or the 
amateur radio service.
    Subsection (l) establishes whether an application submitted 
under subsections (b), (c), or (d) are complete. Subsection 
(l)(1) deems that an application under subsection (b), (c), or 
(d) is complete if it contains the information required to be 
submitted with the application under each subsection and the 
applicant has paid the fee (if any) required under section 8 of 
the Act. Subsection (l)(1)(B) provides that if all information 
is submitted and the fee is paid, the FCC is required to issue 
a public notice of the acceptance for filing of the 
application, which begins the shot clocks for review provided 
in subsections (b) and (d). Additionally, if an applicant has 
not paid the fee or submitted the information required, the 
Commission must provide notice to the applicant that includes 
what information is required to be submitted that was not 
submitted. Subsection (l)(2) provides that if the FCC has not 
complied with paragraph (1) within 20 business days upon 
receiving the application, the FCC is deemed to have issued a 
public notice of the acceptance for filing of an application on 
the 21st business day after the date on which the application 
was received.
    Subsection (m) establishes authority for the FCC to toll 
the timeframe for review of an application under subsection 
(b), (d), (f), or (g). Subsection (m)(1) provides that the FCC 
may only toll an application if: (1) It 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 harmed; and (2) It issues a public notice stating the 
reasons for the extension and the length of the extension. 
Subsection (m)(2) limits the FCC's tolling time period to 90 
days, but provides that the FCC may continue to toll for 90 
days at a time provided it continues making the findings under 
paragraph (1).
    The Committee notes that applications or requests submitted 
under subsection (b), (c), (d), (f), or (g) may raise novel 
questions about how and whether an application or request meets 
the requirements of subsection 346 (or any rules issued 
pursuant to section 346). In such cases, the FCC may determine 
that approving the application or request within the timeframes 
provided in this bill may cause serious harm to the public 
interest. The Committee also finds that the bill contemplates 
deliberate, specific timeframes for the FCC to grant or deny 
applications or requests. In establishing the tolling authority 
under subsection (m), the Committee expects that exceptions to 
such timeframes should be significant, non-routine, and have a 
limited duration to resolve the specific issues that have been 
identified by the Commission.
    Subsection (n) establishes authority for the FCC to refer 
applications under subsection (b), (c), (d), or (g) to the 
executive branch for review of national security and law 
enforcement concerns that may be raised by the application or 
request. Subsection (n)(1) provides that applications with 
reportable foreign ownership, defined by the FCC in rules 
issued under subsection (a)(1)(H), are required to be referred 
to the executive branch. Subsection (n)(2) provides that in 
addition to applications or requests that are required to be 
referred under (n)(1), the Commission may, at its discretion, 
refer any application or request for review of national 
security and law enforcement concerns that may be raised by the 
application or request.
    The Committee notes that the FCC currently refers 
applications that raise national security and law enforcement 
concerns to the executive branch for review, and that while the 
FCC regularly accepts the recommendation of the executive 
branch, it acts as an independent agency consistent with the 
Act. The Committee expects that by formalizing both the 
requirement for the Commission to refer certain applications or 
requests, and the discretionary authority of the Commission to 
refer any application or request, that the Commission will do 
so consistent with current practice.
    Subsection (p) defines terms used throughout new section 
346.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934




           *       *       *       *       *       *       *
            TITLE III--SPECIAL PROVISIONS RELATING TO RADIO

PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 309. ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO 
                    LICENSES.

  (a) Subject to the provisions of this section, the Commission 
shall determine, in the case of each application filed with it 
to which section 308 applies, whether the public interest, 
convenience, and necessity will be served by the granting of 
such application, and, if the Commission, upon examination of 
such application and upon consideration of such other matters 
as the Commission may officially notice, shall find that public 
interest, convenience, and necessity would be served by the 
granting thereof, it shall grant such application.
  (b) Except as provided in subsection (c) of this section, no 
such application--
          (1) for an instrument of authorization in the case of 
        a station in the broadcasting or common carrier 
        services, or
          (2) for an instrument of authorization in the case of 
        a station in any of the following categories:
                  (A) industrial radio positioning stations for 
                which frequencies are assigned on an exclusive 
                basis,
                  (B) aeronautical en route stations,
                  (C) aeronautical advisory stations,
                  (D) airdrome control stations,
                  (E) aeronautical fixed stations, and
                  (F) such other stations or classes of 
                stations, not in the broadcasting or common 
                carrier services, as the Commission shall by 
                rule prescribe,
shall be granted by the Commission earlier than thirty days 
following issuance of public notice by the Commission of the 
acceptance for filing of such application or of any substantial 
amendment thereof.
  (c) Subsection (b) of this section shall not apply--
          (1) to any minor amendment of an application to which 
        such subsection is applicable, or
          (2) to any application for--
                  (A) a minor change in the facilities of an 
                authorized station,
                  (B) consent to an involuntary assignment or 
                transfer under section 310(b) or to an 
                assignment or transfer thereunder which does 
                not involve a substantial change in ownership 
                or control,
                  (C) a license under section 319(c) or, 
                pending application for or grant of such 
                license, any special or temporary authorization 
                to permit interim operation to facilitate 
                completion of authorized construction or to 
                provide substantially the same service as would 
                be authorized by such license,
                  (D) extension of time to complete 
                construction of authorized facilities,
                  (E) an authorization of facilities for remote 
                pickups, studio links and similar facilities 
                for use in the operation of a broadcast 
                station,
                  (F) authorizations pursuant to section 325(c) 
                where the programs to be transmitted are 
                special events not of a continuing nature,
                  (G) a special temporary authorization for 
                nonbroadcast operation not to exceed thirty 
                days where no application for regular operation 
                is contemplated to be filed or not to exceed 
                sixty days pending the filing of an application 
                for such regular operation, or
                  (H) an authorization under any of the proviso 
                clauses of section 308(a).
  (d)(1) Any party in interest may file with the Commission a 
petition to deny any application (whether as originally filed 
or as amended) to which subsection (b) of this section applies 
at any time prior to the day of Commission grant thereof 
without hearing or the day of formal designation thereof for 
hearing; except that with respect to any classification of 
applications, the Commission from time to time by rule may 
specify a shorter period (no less than thirty days following 
the issuance of public notice by the Commission of the 
acceptance for filing of such application or of any substantial 
amendment thereof), which shorter period shall be reasonably 
related to the time when the applications would normally be 
reached for processing. The petitioner shall serve a copy of 
such petition on the applicant. The petition shall contain 
specific allegations of fact sufficient to show that the 
petitioner is a party in interest and that a grant of the 
application would be prima facie inconsistent with subsection 
(a) (or subsection (k) in the case of renewal of any broadcast 
station license). Such allegations of fact shall, except for 
those of which official notice may be taken, be supported by 
affidavit of a person or persons with personal knowledge 
thereof. The applicant shall be given the opportunity to file a 
reply in which allegations of fact or denials thereof shall 
similarly be supported by affidavit.
  (2) If the Commission finds on the basis of the application, 
the pleadings filed, or other matters which it may officially 
notice that there are no substantial and material questions of 
fact and that a grant of the application would be consistent 
with subsection (a) (or subsection (k) in the case of renewal 
of any broadcast station license), it shall make the grant, 
deny the petition, and issue a concise statement of the reasons 
for denying the petition, which statement shall dispose of all 
substantial issues raised by the petition. If a substantial and 
material question of fact is presented or if the Commission for 
any reason is unable to find that grant of the application 
would be consistent with subsection (a) (or subsection (k) in 
the case of renewal of any broadcast station license), it shall 
proceed as provided in subsection (e).
  (e) If, in the case of any application to which subsection 
(a) of this section applies, a substantial and material 
question of fact is presented or the Commission for any reason 
is unable to make the finding specified in such subsection, it 
shall formally designate the application for hearing on the 
ground or reasons then obtaining and shall forthwith notify the 
applicant and all other known parties in interest of such 
action and the ground and reasons therefor, specifying with 
particularity the matters and things in issue but not including 
issues or requirements phrased generally. When the Commission 
has so designated an application for hearing, the parties in 
interest, if any, who are not notified by the Commission of 
such action may acquire the status of a party to the proceeding 
thereon by filing a petition for intervention showing the basis 
for their interest not more than thirty days after publication 
of the hearing issues or any substantial amendment thereto in 
the Federal Register. Any hearing subsequently held upon such 
application shall be a full hearing in which the applicant and 
all other parties in interest shall be permitted to 
participate. The burden of proceeding with the introduction of 
evidence and the burden of proof shall be upon the applicant, 
except that with respect to any issue presented by a petition 
to deny or a petition to enlarge the issues, such burdens shall 
be as determined by the Commission.
  (f) When an application subject to subsection (b) has been 
filed, the Commission, notwithstanding the requirements of such 
subsection, may, if the grant of such application is otherwise 
authorized by law and if it 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, grant 
a temporary authorization, accompanied by a statement of its 
reasons therefor, to permit such temporary operations for a 
period not exceeding 180 days, and upon making like findings 
may extend such temporary authorization for additional periods 
not to exceed 180 days. When any such grant of a temporary 
authorization is made, the Commission 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.
  (g) The Commission is authorized to adopt reasonable 
classifications of applications and amendments in order to 
effectuate the purposes of this section.
  (h) Such station licenses as the Commission may grant shall 
be in such general form as it may prescribe, but each license 
shall contain, in addition to other provisions, a statement of 
the following conditions to which such license shall be 
subject: (1) The station license shall not vest in the licensee 
any right to operate the station nor any right in the use of 
the frequencies designated in the license beyond the term 
thereof nor in any other manner than authorized therein; (2) 
neither the license nor the right granted thereunder shall be 
assigned or otherwise transferred in violation of this Act; (3) 
every license issued under this Act shall be subject in terms 
to the right of use or control conferred by section 706 of this 
Act.
  (i) Random Selection.--
          (1) General authority.--Except as provided in 
        paragraph (5), if there is more than one application 
        for any initial license or construction permit, then 
        the Commission shall have the authority to grant such 
        license or permit to a qualified applicant through the 
        use of a system of random selection.
  (2) No license or construction permit shall be granted to an 
applicant selected pursuant to paragraph (1) unless the 
Commission determines the qualifications of such applicant 
pursuant to subsection (a) and section 308(b). When substantial 
and material questions of fact exist concerning such 
qualifications, the Commission shall conduct a hearing in order 
to make such determinations. For the purposes of making such 
determinations, the Commission may, by rule, and 
notwithstanding any other provision of law--
          (A) adopt procedures for the submission of all or 
        part of the evidence in written form;
          (B) delegate the function of presiding at the taking 
        of written evidence to Commission employees other than 
        administrative law judges; and
          (C) omit the determination required by subsection (a) 
        with respect to any application other than the one 
        selected pursuant to paragraph (1).
  (3)(A) The Commission shall establish rules and procedures to 
ensure that, in the administration of any system of random 
selection under this subsection used for granting licenses or 
construction permits for any media of mass communications, 
significant preferences will be granted to applicants or groups 
of applicants, the grant to which of the license or permit 
would increase the diversification of ownership of the media of 
mass communications. To further diversify the ownership of the 
media of mass communications, an additional significant 
preference shall be granted to any applicant controlled by a 
member or members of minority group.
  (B) The Commission shall have authority to require each 
qualified applicant seeking a significant preference under 
subparagraph (A) to submit to the Commission such information 
as may be necessary to enable the Commission to make a 
determination regarding whether such applicant shall be granted 
such preference. Such information shall be submitted in such 
form, at such times, and in accordance with such procedures, as 
the Commission may require.
  (C) For purposes of this paragraph:
  (i) The term ``media of mass communication'' includes 
television, radio, cable television, multipoint distribution 
service, direct broadcast satellite service, and other 
services, the licensed facilities of which may be substantially 
devoted toward providing programming or other information 
services within the editorial control of the licensee.
  (ii) The term ``minority group'' includes Blacks, Hispanics, 
American Indians, Alaska Natives, Asians, and Pacific 
Islanders.
  (4)(A) The Commission shall, after notice and opportunity for 
hearing, prescribe rules establishing a system of random 
selection for use by the Commission under this subsection in 
any instance in which the Commission, in its discretion, 
determines that such use is appropriate for the granting of any 
license or permit in accordance with paragraph (1).
  (B) The Commission shall have authority to amend such rules 
from time to time to the extent necessary too carry out the 
provisions of this subsection. Any such amendment shall be made 
after notice and opportunity for hearing.
  (C) Not later than 180 days after the date of enactment of 
this subparagraph, the Commission shall prescribe such transfer 
disclosures and antitrafficking restrictions and payment 
schedules as are necessary to prevent the unjust enrichment of 
recipients of licenses or permits as a result of the methods 
employed to issue licenses under this subsection.
          (5) Termination of authority.--(A) Except as provided 
        in subparagraph (B), the Commission shall not issue any 
        license or permit using a system of random selection 
        under this subsection after July 1, 1997.
          (B) Subparagraph (A) of this paragraph shall not 
        apply with respect to licenses or permits for stations 
        described in section 397(6) of this Act.
  (j) Use of Competitive Bidding.--
          (1) General authority.--If, consistent with the 
        obligations described in paragraph (6)(E), mutually 
        exclusive applications are accepted for any initial 
        license or construction permit, then, except as 
        provided in paragraph (2), the Commission shall grant 
        the license or permit to a qualified applicant through 
        a system of competitive bidding that meets the 
        requirements of this subsection.
          (2) Exemptions.--The competitive bidding authority 
        granted by this subsection shall not apply to licenses 
        or construction permits issued by the Commission--
                  (A) for public safety radio services, 
                including private internal radio services used 
                by State and local governments and non-
                government entities and including emergency 
                road services provided by not-for-profit 
                organizations, that--
                          (i) are used to protect the safety of 
                        life, health, or property; and
                          (ii) are not made commercially 
                        available to the public;
                  (B) for initial licenses or construction 
                permits for digital television service given to 
                existing terrestrial broadcast licensees to 
                replace their analog television service 
                licenses[; or];
                  (C) for licenses, grants of market access, or 
                authorizations granted under section 346; or
                  [(C)] (D) for stations described in section 
                397(6) of this Act.
          (3) Design of systems of competitive bidding.--For 
        each class of licenses or permits that the Commission 
        grants through the use of a competitive bidding system, 
        the Commission shall, by regulation, establish a 
        competitive bidding methodology. The Commission shall 
        seek to design and test multiple alternative 
        methodologies under appropriate circumstances. The 
        Commission shall, directly or by contract, provide for 
        the design and conduct (for purposes of testing) of 
        competitive bidding using a contingent combinatorial 
        bidding system that permits prospective bidders to bid 
        on combinations or groups of licenses in a single bid 
        and to enter multiple alternative bids within a single 
        bidding round. In identifying classes of licenses and 
        permits to be issued by competitive bidding, in 
        specifying eligibility and other characteristics of 
        such licenses and permits, and in designing the 
        methodologies for use under this subsection, the 
        Commission shall include safeguards to protect the 
        public interest in the use of the spectrum and shall 
        seek to promote the purposes specified in section 1 of 
        this Act and the following objectives:
                  (A) the development and rapid deployment of 
                new technologies, products, and services for 
                the benefit of the public, including those 
                residing in rural areas, without administrative 
                or judicial delays;
                  (B) promoting economic opportunity and 
                competition and ensuring that new and 
                innovative technologies are readily accessible 
                to the American people by avoiding excessive 
                concentration of licenses and by disseminating 
                licenses among a wide variety of applicants, 
                including small businesses, rural telephone 
                companies, and businesses owned by members of 
                minority groups and women;
                  (C) recovery for the public of a portion of 
                the value of the public spectrum resource made 
                available for commercial use and avoidance of 
                unjust enrichment through the methods employed 
                to award uses of that resource;
                  (D) efficient and intensive use of the 
                electromagnetic spectrum;
                  (E) ensure that, in the scheduling of any 
                competitive bidding under this subsection, an 
                adequate period is allowed--
                          (i) before issuance of bidding rules, 
                        to permit notice and comment on 
                        proposed auction procedures; and
                          (ii) after issuance of bidding rules, 
                        to ensure that interested parties have 
                        a sufficient time to develop business 
                        plans, assess market conditions, and 
                        evaluate the availability of equipment 
                        for the relevant services; and
                  (F) for any auction of eligible frequencies 
                described in section 113(g)(2) of the National 
                Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 
                923(g)(2)), the recovery of 110 percent of 
                estimated relocation or sharing costs as 
                provided to the Commission pursuant to section 
                113(g)(4) of such Act.
          (4) Contents of regulations.--In prescribing 
        regulations pursuant to paragraph (3), the Commission 
        shall--
                  (A) consider alternative payment schedules 
                and methods of calculation, including lump sums 
                or guaranteed installment payments, with or 
                without royalty payments, or other schedules or 
                methods that promote the objectives described 
                in paragraph (3)(B), and combinations of such 
                schedules and methods;
                  (B) include performance requirements, such as 
                appropriate deadlines and penalties for 
                performance failures, to ensure prompt delivery 
                of service to rural areas, to prevent 
                stockpiling or warehousing of spectrum by 
                licensees or permittees, and to promote 
                investment in and rapid deployment of new 
                technologies and services;
                  (C) consistent with the public interest, 
                convenience, and necessity, the purposes of 
                this Act, and the characteristics of the 
                proposed service, prescribe area designations 
                and bandwidth assignments that promote (i) an 
                equitable distribution of licenses and services 
                among geographic areas, (ii) economic 
                opportunity for a wide variety of applicants, 
                including small businesses, rural telephone 
                companies, and businesses owned by members of 
                minority groups and women, and (iii) investment 
                in and rapid deployment of new technologies and 
                services;
                  (D) ensure that small businesses, rural 
                telephone companies, and businesses owned by 
                members of minority groups and women are given 
                the opportunity to participate in the provision 
                of spectrum-based services, and, for such 
                purposes, consider the use of tax certificates, 
                bidding preferences, and other procedures;
                  (E) require such transfer disclosures and 
                antitrafficking restrictions and payment 
                schedules as may be necessary to prevent unjust 
                enrichment as a result of the methods employed 
                to issue licenses and permits; and
                  (F) prescribe methods by which a reasonable 
                reserve price will be required, or a minimum 
                bid will be established, to obtain any license 
                or permit being assigned pursuant to the 
                competitive bidding, unless the Commission 
                determines that such a reserve price or minimum 
                bid is not in the public interest.
          (5) Bidder and licensee qualification.--No person 
        shall be permitted to participate in a system of 
        competitive bidding pursuant to this subsection unless 
        such bidder submits such information and assurances as 
        the Commission may require to demonstrate that such 
        bidder's application is acceptable for filing. No 
        license shall be granted to an applicant selected 
        pursuant to this subsection unless the Commission 
        determines that the applicant is qualified pursuant to 
        subsection (a) and sections 308(b) and 310. Consistent 
        with the objectives described in paragraph (3), the 
        Commission shall, by regulation, prescribe expedited 
        procedures consistent with the procedures authorized by 
        subsection (i)(2) for the resolution of any substantial 
        and material issues of fact concerning qualifications.
          (6) Rules of construction.--Nothing in this 
        subsection, or in the use of competitive bidding, 
        shall--
                  (A) alter spectrum allocation criteria and 
                procedures established by the other provisions 
                of this Act;
                  (B) limit or otherwise affect the 
                requirements of subsection (h) of this section, 
                section 301, 304, 307, 310, or 706, or any 
                other provision of this Act (other than 
                subsections (d)(2) and (e) of this section);
                  (C) diminish the authority of the Commission 
                under the other provisions of this Act to 
                regulate or reclaim spectrum licenses;
                  (D) be construed to convey any rights, 
                including any expectation of renewal of a 
                license, that differ from the rights that apply 
                to other licenses within the same service that 
                were not issued pursuant to this subsection;
                  (E) be construed to relieve the Commission of 
                the obligation in the public interest to 
                continue to use engineering solutions, 
                negotiation, threshold qualifications, service 
                regulations, and other means in order to avoid 
                mutual exclusivity in application and licensing 
                proceedings;
                  (F) be construed to prohibit the Commission 
                from issuing nationwide, regional, or local 
                licenses or permits;
                  (G) be construed to prevent the Commission 
                from awarding licenses to those persons who 
                make significant contributions to the 
                development of a new telecommunications service 
                or technology; or
                  (H) be construed to relieve any applicant for 
                a license or permit of the obligation to pay 
                charges imposed pursuant to section 8 of this 
                Act.
          (7) Consideration of revenues in public interest 
        determinations.--
                  (A) Consideration prohibited.--In making a 
                decision pursuant to section 303(c) to assign a 
                band of frequencies to a use for which licenses 
                or permits will be issued pursuant to this 
                subsection, and in prescribing regulations 
                pursuant to paragraph (4)(C) of this 
                subsection, the Commission may not base a 
                finding of public interest, convenience, and 
                necessity on the expectation of Federal 
                revenues from the use of a system of 
                competitive bidding under this subsection.
                  (B) Consideration limited.--In prescribing 
                regulations pursuant to paragraph (4)(A) of 
                this subsection, the Commission may not base a 
                finding of public interest, convenience, and 
                necessity solely or predominantly on the 
                expectation of Federal revenues from the use of 
                a system of competitive bidding under this 
                subsection.
                  (C) Consideration of demand for spectrum not 
                affected.--Nothing in this paragraph shall be 
                construed to prevent the Commission from 
                continuing to consider consumer demand for 
                spectrum-based services.
          (8) Treatment of revenues.--
                  (A) General rule.--Except as provided in 
                subparagraphs (B), (D), (E), (F), and (G), all 
                proceeds from the use of a competitive bidding 
                system under this subsection shall be deposited 
                in the Treasury in accordance with chapter 33 
                of title 31, United States Code.
                  (B) Retention of revenues.--Notwithstanding 
                subparagraph (A), the salaries and expenses 
                account of the Commission shall retain as an 
                offsetting collection such sums as may be 
                necessary from such proceeds for the costs of 
                developing and implementing the program 
                required by this subsection. Such offsetting 
                collections shall be available for obligation 
                subject to the terms and conditions of the 
                receiving appropriations account, and shall be 
                deposited in such accounts on a quarterly 
                basis. Such offsetting collections are 
                authorized to remain available until expended.
                  (C) Deposit and use of auction escrow 
                accounts.--Any deposits the Commission may 
                require for the qualification of any person to 
                bid in a system of competitive bidding pursuant 
                to this subsection shall be deposited in the 
                Treasury. Within 45 days following the 
                conclusion of the competitive bidding--
                          (i) the deposits of successful 
                        bidders shall be deposited in the 
                        general fund of the Treasury (where 
                        such deposits shall be used for the 
                        sole purpose of deficit reduction), 
                        except as otherwise provided in 
                        subparagraphs (D)(ii), (E)(ii), (F), 
                        and (G); and
                          (ii) the deposits of unsuccessful 
                        bidders shall be returned to such 
                        bidders, and payments representing the 
                        return of such deposits shall not be 
                        subject to administrative offset under 
                        section 3716(c) of title 31, United 
                        States Code.
                  (D) Proceeds from reallocated federal 
                spectrum.--
                          (i) In general.--Except as provided 
                        in clause (ii), cash proceeds 
                        attributable to the auction of any 
                        eligible frequencies described in 
                        section 113(g)(2) of the National 
                        Telecommunications and Information 
                        Administration Organization Act (47 
                        U.S.C. 923(g)(2)) shall be deposited in 
                        the Spectrum Relocation Fund 
                        established under section 118 of such 
                        Act, and shall be available in 
                        accordance with that section.
                          (ii) Certain other proceeds.--
                        Notwithstanding subparagraph (A) and 
                        except as provided in subparagraph (B), 
                        in the case of proceeds (including 
                        deposits and upfront payments from 
                        successful bidders) attributable to the 
                        auction of eligible frequencies 
                        described in paragraph (2) of section 
                        113(g) of the National 
                        Telecommunications and Information 
                        Administration Organization Act that 
                        are required to be auctioned by section 
                        6401(b)(1)(B) of the Middle Class Tax 
                        Relief and Job Creation Act of 2012, 
                        such portion of such proceeds as is 
                        necessary to cover the relocation or 
                        sharing costs (as defined in paragraph 
                        (3) of such section 113(g)) of Federal 
                        entities relocated from such eligible 
                        frequencies shall be deposited in the 
                        Spectrum Relocation Fund. The remainder 
                        of such proceeds shall be deposited in 
                        the Public Safety Trust Fund 
                        established by section 6413(a)(1) of 
                        the Middle Class Tax Relief and Job 
                        Creation Act of 2012.
                  (E) Transfer of receipts.--
                          (i) Establishment of fund.--There is 
                        established in the Treasury of the 
                        United States a fund to be known as the 
                        Digital Television Transition and 
                        Public Safety Fund.
                          (ii) Proceeds for funds.--
                        Notwithstanding subparagraph (A), the 
                        proceeds (including deposits and 
                        upfront payments from successful 
                        bidders) from the use of a competitive 
                        bidding system under this subsection 
                        with respect to recovered analog 
                        spectrum shall be deposited in the 
                        Digital Television Transition and 
                        Public Safety Fund.
                          (iii) Transfer of amount to 
                        treasury.--On September 30, 2009, the 
                        Secretary shall transfer $7,363,000,000 
                        from the Digital Television Transition 
                        and Public Safety Fund to the general 
                        fund of the Treasury.
                          (iv) Recovered analog spectrum.--For 
                        purposes of clause (i), the term 
                        ``recovered analog spectrum'' has the 
                        meaning provided in paragraph 
                        (15)(C)(vi).
                  (F) Certain proceeds designated for public 
                safety trust fund.--Notwithstanding 
                subparagraph (A) and except as provided in 
                subparagraphs (B) and (D)(ii), the proceeds 
                (including deposits and upfront payments from 
                successful bidders) from the use of a system of 
                competitive bidding under this subsection 
                pursuant to section 6401(b)(1)(B) of the Middle 
                Class Tax Relief and Job Creation Act of 2012 
                shall be deposited in the Public Safety Trust 
                Fund established by section 6413(a)(1) of such 
                Act.
                  (G) Incentive auctions.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A) and except as provided 
                        in subparagraph (B), the Commission may 
                        encourage a licensee to relinquish 
                        voluntarily some or all of its licensed 
                        spectrum usage rights in order to 
                        permit the assignment of new initial 
                        licenses subject to flexible-use 
                        service rules by sharing with such 
                        licensee a portion, based on the value 
                        of the relinquished rights as 
                        determined in the reverse auction 
                        required by clause (ii)(I), of the 
                        proceeds (including deposits and 
                        upfront payments from successful 
                        bidders) from the use of a competitive 
                        bidding system under this subsection.
                          (ii) Limitations.--The Commission may 
                        not enter into an agreement for a 
                        licensee to relinquish spectrum usage 
                        rights in exchange for a share of 
                        auction proceeds under clause (i) 
                        unless--
                                  (I) the Commission conducts a 
                                reverse auction to determine 
                                the amount of compensation that 
                                licensees would accept in 
                                return for voluntarily 
                                relinquishing spectrum usage 
                                rights; and
                                  (II) at least two competing 
                                licensees participate in the 
                                reverse auction.
                          (iii) Treatment of revenues.--
                        Notwithstanding subparagraph (A) and 
                        except as provided in subparagraph (B), 
                        the proceeds (including deposits and 
                        upfront payments from successful 
                        bidders) from any auction, prior to the 
                        end of fiscal year 2022, of spectrum 
                        usage rights made available under 
                        clause (i) that are not shared with 
                        licensees under such clause shall be 
                        deposited as follows:
                                  (I) $1,750,000,000 of the 
                                proceeds from the incentive 
                                auction of broadcast television 
                                spectrum required by section 
                                6403 of the Middle Class Tax 
                                Relief and Job Creation Act of 
                                2012 shall be deposited in the 
                                TV Broadcaster Relocation Fund 
                                established by subsection 
                                (d)(1) of such section.
                                  (II) All other proceeds shall 
                                be deposited--
                                          (aa) prior to the end 
                                        of fiscal year 2022, in 
                                        the Public Safety Trust 
                                        Fund established by 
                                        section 6413(a)(1) of 
                                        such Act; and
                                          (bb) after the end of 
                                        fiscal year 2022, in 
                                        the general fund of the 
                                        Treasury, where such 
                                        proceeds shall be 
                                        dedicated for the sole 
                                        purpose of deficit 
                                        reduction.
                          (iv) Congressional notification.--At 
                        least 3 months before any incentive 
                        auction conducted under this 
                        subparagraph, the Chairman of the 
                        Commission, in consultation with the 
                        Director of the Office of Management 
                        and Budget, shall notify the 
                        appropriate committees of Congress of 
                        the methodology for calculating the 
                        amounts that will be shared with 
                        licensees under clause (i).
                          (v) Definition.--In this 
                        subparagraph, the term ``appropriate 
                        committees of Congress'' means--
                                  (I) the Committee on 
                                Commerce, Science, and 
                                Transportation of the Senate;
                                  (II) the Committee on 
                                Appropriations of the Senate;
                                  (III) the Committee on Energy 
                                and Commerce of the House of 
                                Representatives; and
                                  (IV) the Committee on 
                                Appropriations of the House of 
                                Representatives.
          (9) Use of former government spectrum.--The 
        Commission shall, not later than 5 years after the date 
        of enactment of this subsection, issue licenses and 
        permits pursuant to this subsection for the use of 
        bands of frequencies that--
                  (A) in the aggregate span not less than 10 
                megahertz; and
                  (B) have been reassigned from Government use 
                pursuant to part B of the National 
                Telecommunications and Information 
                Administration Organization Act.
          (10) Authority contingent on availability of 
        additional spectrum.--
                  (A) Initial conditions.--The Commission's 
                authority to issue licenses or permits under 
                this subsection shall not take effect unless--
                          (i) the Secretary of Commerce has 
                        submitted to the Commission the report 
                        required by section 113(d)(1) of the 
                        National Telecommunications and 
                        Information Administration Organization 
                        Act;
                          (ii) such report recommends for 
                        immediate reallocation bands of 
                        frequencies that, in the aggregate, 
                        span not less than 50 megahertz;
                          (iii) such bands of frequencies meet 
                        the criteria required by section 113(a) 
                        of such Act; and
                          (iv) the Commission has completed the 
                        rulemaking required by section 
                        332(c)(1)(D) of this Act.
                  (B) Subsequent conditions.--The Commission's 
                authority to issue licenses or permits under 
                this subsection on and after 2 years after the 
                date of the enactment of this subsection shall 
                cease to be effective if--
                          (i) the Secretary of Commerce has 
                        failed to submit the report required by 
                        section 113(a) of the National 
                        Telecommunications and Information 
                        Administration Organization Act;
                          (ii) the President has failed to 
                        withdraw and limit assignments of 
                        frequencies as required by paragraphs 
                        (1) and (2) of section 114(a) of such 
                        Act;
                          (iii) the Commission has failed to 
                        issue the regulations required by 
                        section 115(a) of such Act;
                          (iv) the Commission has failed to 
                        complete and submit to Congress, not 
                        later than 18 months after the date of 
                        enactment of this subsection, a study 
                        of current and future spectrum needs of 
                        State and local government public 
                        safety agencies through the year 2010, 
                        and a specific plan to ensure that 
                        adequate frequencies are made available 
                        to public safety licensees; or
                          (v) the Commission has failed under 
                        section 332(c)(3) to grant or deny 
                        within the time required by such 
                        section any petition that a State has 
                        filed within 90 days after the date of 
                        enactment of this subsection;
                until such failure has been corrected.
          (11) Termination.--The authority of the Commission to 
        grant a license or permit under this subsection shall 
        expire March 9, 2023, except that, with respect to the 
        electromagnetic spectrum identified under section 
        1004(a) of the Spectrum Pipeline Act of 2015, such 
        authority shall expire on September 30, 2025, and with 
        respect to the electromagnetic spectrum identified 
        under section 90008(b)(2)(A)(ii) of the Infrastructure 
        Investment and Jobs Act, such authority shall expire on 
        the date that is 7 years after the date of enactment of 
        that Act.
          (13) Recovery of value of public spectrum in 
        connection with pioneer preferences.--
                  (A) In general.--Notwithstanding paragraph 
                (6)(G), the Commission shall not award licenses 
                pursuant to a preferential treatment accorded 
                by the Commission to persons who make 
                significant contributions to the development of 
                a new telecommunications service or technology, 
                except in accordance with the requirements of 
                this paragraph.
                  (B) Recovery of value.--The Commission shall 
                recover for the public a portion of the value 
                of the public spectrum resource made available 
                to such person by requiring such person, as a 
                condition for receipt of the license, to agree 
                to pay a sum determined by--
                          (i) identifying the winning bids for 
                        the licenses that the Commission 
                        determines are most reasonably 
                        comparable in terms of bandwidth, scope 
                        of service area, usage restrictions, 
                        and other technical characteristics to 
                        the license awarded to such person, and 
                        excluding licenses that the Commission 
                        determines are subject to bidding 
                        anomalies due to the award of 
                        preferential treatment;
                          (ii) dividing each such winning bid 
                        by the population of its service area 
                        (hereinafter referred to as the per 
                        capita bid amount);
                          (iii) computing the average of the 
                        per capita bid amounts for the licenses 
                        identified under clause (i);
                          (iv) reducing such average amount by 
                        15 percent; and
                          (v) multiplying the amount determined 
                        under clause (iv) by the population of 
                        the service area of the license 
                        obtained by such person.
                  (C) Installments permitted.--The Commission 
                shall require such person to pay the sum 
                required by subparagraph (B) in a lump sum or 
                in guaranteed installment payments, with or 
                without royalty payments, over a period of not 
                more than 5 years.
                  (D) Rulemaking on pioneer preferences.--
                Except with respect to pending applications 
                described in clause (iv) of this subparagraph, 
                the Commission shall prescribe regulations 
                specifying the procedures and criteria by which 
                the Commission will evaluate applications for 
                preferential treatment in its licensing 
                processes (by precluding the filing of mutually 
                exclusive applications) for persons who make 
                significant contributions to the development of 
                a new service or to the development of new 
                technologies that substantially enhance an 
                existing service. Such regulations shall--
                          (i) specify the procedures and 
                        criteria by which the significance of 
                        such contributions will be determined, 
                        after an opportunity for review and 
                        verification by experts in the radio 
                        sciences drawn from among persons who 
                        are not employees of the Commission or 
                        by any applicant for such preferential 
                        treatment;
                          (ii) include such other procedures as 
                        may be necessary to prevent unjust 
                        enrichment by ensuring that the value 
                        of any such contribution justifies any 
                        reduction in the amounts paid for 
                        comparable licenses under this 
                        subsection;
                          (iii) be prescribed not later than 6 
                        months after the date of enactment of 
                        this paragraph;
                          (iv) not apply to applications that 
                        have been accepted for filing on or 
                        before September 1, 1994; and
                          (v) cease to be effective on the date 
                        of the expiration of the Commission's 
                        authority under subparagraph (F).
                  (E) Implementation with respect to pending 
                applications.--In applying this paragraph to 
                any broadband licenses in the personal 
                communications service awarded pursuant to the 
                preferential treatment accorded by the Federal 
                Communications Commission in the Third Report 
                and Order in General Docket 90-314 (FCC 93-550, 
                released February 3, 1994)--
                          (i) the Commission shall not 
                        reconsider the award of preferences in 
                        such Third Report and Order, and the 
                        Commission shall not delay the grant of 
                        licenses based on such awards more than 
                        15 days following the date of enactment 
                        of this paragraph, and the award of 
                        such preferences and licenses shall not 
                        be subject to administrative or 
                        judicial review;
                          (ii) the Commission shall not alter 
                        the bandwidth or service areas 
                        designated for such licenses in such 
                        Third Report and Order;
                          (iii) except as provided in clause 
                        (v), the Commission shall use, as the 
                        most reasonably comparable licenses for 
                        purposes of subparagraph (B)(i), the 
                        broadband licenses in the personal 
                        communications service for blocks A and 
                        B for the 20 largest markets (ranked by 
                        population) in which no applicant has 
                        obtained preferential treatment;
                          (iv) for purposes of subparagraph 
                        (C), the Commission shall permit 
                        guaranteed installment payments over a 
                        period of 5 years, subject to--
                                  (I) the payment only of 
                                interest on unpaid balances 
                                during the first 2 years, 
                                commencing not later than 30 
                                days after the award of the 
                                license (including any 
                                preferential treatment used in 
                                making such award) is final and 
                                no longer subject to 
                                administrative or judicial 
                                review, except that no such 
                                payment shall be required prior 
                                to the date of completion of 
                                the auction of the comparable 
                                licenses described in clause 
                                (iii); and
                                  (II) payment of the unpaid 
                                balance and interest thereon 
                                after the end of such 2 years 
                                in accordance with the 
                                regulations prescribed by the 
                                Commission; and
                          (v) the Commission shall recover with 
                        respect to broadband licenses in the 
                        personal communications service an 
                        amount under this paragraph that is 
                        equal to not less than $400,000,000, 
                        and if such amount is less than 
                        $400,000,000, the Commission shall 
                        recover an amount equal to $400,000,000 
                        by allocating such amount among the 
                        holders of such licenses based on the 
                        population of the license areas held by 
                        each licensee.
                The Commission shall not include in any amounts 
                required to be collected under clause (v) the 
                interest on unpaid balances required to be 
                collected under clause (iv).
                  (F) Expiration.--The authority of the 
                Commission to provide preferential treatment in 
                licensing procedures (by precluding the filing 
                of mutually exclusive applications) to persons 
                who make significant contributions to the 
                development of a new service or to the 
                development of new technologies that 
                substantially enhance an existing service shall 
                expire on the date of enactment of the Balanced 
                Budget Act of 1997.
                  (G) Effective date.--This paragraph shall be 
                effective on the date of its enactment and 
                apply to any licenses issued on or after August 
                1, 1994, by the Federal Communications 
                Commission pursuant to any licensing procedure 
                that provides preferential treatment (by 
                precluding the filing of mutually exclusive 
                applications) to persons who make significant 
                contributions to the development of a new 
                service or to the development of new 
                technologies that substantially enhance an 
                existing service.
          (14) Auction of recaptured broadcast television 
        spectrum.--
                  (A) Limitations on terms of terrestrial 
                television broadcast licenses.--A full-power 
                television broadcast license that authorizes 
                analog television service may not be renewed to 
                authorize such service for a period that 
                extends beyond June 12, 2009.
                  (B) Spectrum reversion and resale.--
                          (i) The Commission shall--
                                  (I) ensure that, as licenses 
                                for analog television service 
                                expire pursuant to subparagraph 
                                (A), each licensee shall cease 
                                using electromagnetic spectrum 
                                assigned to such service 
                                according to the Commission's 
                                direction; and
                                  (II) reclaim and organize the 
                                electromagnetic spectrum in a 
                                manner consistent with the 
                                objectives described in 
                                paragraph (3) of this 
                                subsection.
                          (ii) Licensees for new services 
                        occupying spectrum reclaimed pursuant 
                        to clause (i) shall be assigned in 
                        accordance with this subsection.
                  (C) Certain limitations on qualified bidders 
                prohibited.--In prescribing any regulations 
                relating to the qualification of bidders for 
                spectrum reclaimed pursuant to subparagraph 
                (B)(i), the Commission, for any license that 
                may be used for any digital television service 
                where the grade A contour of the station is 
                projected to encompass the entirety of a city 
                with a population in excess of 400,000 (as 
                determined using the 1990 decennial census), 
                shall not--
                          (i) preclude any party from being a 
                        qualified bidder for such spectrum on 
                        the basis of--
                                  (I) the Commission's duopoly 
                                rule (47 C.F.R. 73.3555(b)); or
                                  (II) the Commission's 
                                newspaper cross-ownership rule 
                                (47 C.F.R. 73.3555(d)); or
                          (ii) apply either such rule to 
                        preclude such a party that is a winning 
                        bidder in a competitive bidding for 
                        such spectrum from using such spectrum 
                        for digital television service.
          (15) Commission to determine timing of auctions.--
                  (A) Commission authority.--Subject to the 
                provisions of this subsection (including 
                paragraph (11)), but notwithstanding any other 
                provision of law, the Commission shall 
                determine the timing of and deadlines for the 
                conduct of competitive bidding under this 
                subsection, including the timing of and 
                deadlines for qualifying for bidding; 
                conducting auctions; collecting, depositing, 
                and reporting revenues; and completing 
                licensing processes and assigning licenses.
                  (B) Termination of portions of auctions 31 
                and 44.--Except as provided in subparagraph 
                (C), the Commission shall not commence or 
                conduct auctions 31 and 44 on June 19, 2002, as 
                specified in the public notices of March 19, 
                2002, and March 20, 2002 (DA 02-659 and DA 02-
                563).
                  (C) Exception.--
                          (i) Blocks excepted.--Subparagraph 
                        (B) shall not apply to the auction of--
                                  (I) the C-block of licenses 
                                on the bands of frequencies 
                                located at 710-716 megahertz, 
                                and 740-746 megahertz; or
                                  (II) the D-block of licenses 
                                on the bands of frequencies 
                                located at 716-722 megahertz.
                          (ii) Eligible bidders.--The entities 
                        that shall be eligible to bid in the 
                        auction of the C-block and D-block 
                        licenses described in clause (i) shall 
                        be those entities that were qualified 
                        entities, and that submitted 
                        applications to participate in auction 
                        44, by May 8, 2002, as part of the 
                        original auction 44 short form filing 
                        deadline.
                          (iii) Auction deadlines for excepted 
                        blocks.--Notwithstanding subparagraph 
                        (B), the auction of the C-block and D-
                        block licenses described in clause (i) 
                        shall be commenced no earlier than 
                        August 19, 2002, and no later than 
                        September 19, 2002, and the proceeds of 
                        such auction shall be deposited in 
                        accordance with paragraph (8) not later 
                        than December 31, 2002.
                          (v) Additional deadlines for 
                        recovered analog spectrum.--
                        Notwithstanding subparagraph (B), the 
                        Commission shall conduct the auction of 
                        the licenses for recovered analog 
                        spectrum by commencing the bidding not 
                        later than January 28, 2008, and shall 
                        deposit the proceeds of such auction in 
                        accordance with paragraph (8)(E)(ii) 
                        not later than June 30, 2008.
                          (vi) Recovered analog spectrum.--For 
                        purposes of clause (v), the term 
                        ``recovered analog spectrum'' means the 
                        spectrum between channels 52 and 69, 
                        inclusive (between frequencies 698 and 
                        806 megahertz, inclusive) reclaimed 
                        from analog television service 
                        broadcasting under paragraph (14), 
                        other than--
                                  (I) the spectrum required by 
                                section 337 to be made 
                                available for public safety 
                                services; and
                                  (II) the spectrum auctioned 
                                prior to the date of enactment 
                                of the Digital Television 
                                Transition and Public Safety 
                                Act of 2005.
                  (D) Return of payments.--Within one month 
                after the date of enactment of this paragraph, 
                the Commission shall return to the bidders for 
                licenses in the A-block, B-block, and E-block 
                of auction 44 the full amount of all upfront 
                payments made by such bidders for such 
                licenses.
          (16) Special auction provisions for eligible 
        frequencies.--
                  (A) Special regulations.--The Commission 
                shall revise the regulations prescribed under 
                paragraph (4)(F) of this subsection to 
                prescribe methods by which the total cash 
                proceeds from any auction of eligible 
                frequencies described in section 113(g)(2) of 
                the National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 
                923(g)(2)) shall at least equal 110 percent of 
                the total estimated relocation or sharing costs 
                provided to the Commission pursuant to section 
                113(g)(4) of such Act.
                  (B) Conclusion of auctions contingent on 
                minimum proceeds.--The Commission shall not 
                conclude any auction of eligible frequencies 
                described in section 113(g)(2) of such Act if 
                the total cash proceeds attributable to such 
                spectrum are less than 110 percent of the total 
                estimated relocation or sharing costs provided 
                to the Commission pursuant to section 113(g)(4) 
                of such Act. If the Commission is unable to 
                conclude an auction for the foregoing reason, 
                the Commission shall cancel the auction, return 
                within 45 days after the auction cancellation 
                date any deposits from participating bidders 
                held in escrow, and absolve such bidders from 
                any obligation to the United States to bid in 
                any subsequent reauction of such spectrum.
                  (C) Authority to issue prior to 
                deauthorization.--In any auction conducted 
                under the regulations required by subparagraph 
                (A), the Commission may grant a license 
                assigned for the use of eligible frequencies 
                prior to the termination of an eligible Federal 
                entity's authorization. However, the Commission 
                shall condition such license by requiring that 
                the licensee cannot cause harmful interference 
                to such Federal entity until such entity's 
                authorization has been terminated by the 
                National Telecommunications and Information 
                Administration.
          (17) Certain conditions on auction participation 
        prohibited.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Commission may not 
                prevent a person from participating in a system 
                of competitive bidding under this subsection if 
                such person--
                          (i) complies with all the auction 
                        procedures and other requirements to 
                        protect the auction process established 
                        by the Commission; and
                          (ii) either--
                                  (I) meets the technical, 
                                financial, character, and 
                                citizenship qualifications that 
                                the Commission may require 
                                under section 303(l)(1), 
                                308(b), or 310 to hold a 
                                license; or
                                  (II) would meet such license 
                                qualifications by means 
                                approved by the Commission 
                                prior to the grant of the 
                                license.
                  (B) Clarification of authority.--Nothing in 
                subparagraph (A) affects any authority the 
                Commission has to adopt and enforce rules of 
                general applicability, including rules 
                concerning spectrum aggregation that promote 
                competition.
          (18) Estimate of upcoming auctions.--
                  (A) Not later than September 30, 2018, and 
                annually thereafter, the Commission shall make 
                publicly available an estimate of what systems 
                of competitive bidding authorized under this 
                subsection may be initiated during the upcoming 
                12-month period.
                  (B) The estimate under subparagraph (A) 
                shall, to the extent possible, identify the 
                bands of frequencies the Commission expects to 
                be included in each such system of competitive 
                bidding.
  (k)  [Broadcast Station Renewal Procedures] Renewal 
Procedures for Certain Authorizations.--
          (1) Standards for renewal.--If the licensee of a 
        broadcast station, 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), submits an 
        application to the Commission for renewal of such 
        license, grant, or authorization, the Commission shall 
        grant the application if it finds, with respect to 
        [that station] that licensee, grantee, or entity, 
        during the preceding term of its license, grant of 
        market access, or authorization--
                  (A) [the station] in the case of a broadcast 
                station, the station has served the public 
                interest, convenience, and necessity;
                  (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);
                  [(B)] (C) there have been no serious 
                violations by the licensee, grantee, or entity 
                of this Act or the rules and regulations of the 
                Commission; and
                  [(C)] (D) there have been no other violations 
                by the licensee, grantee, or entity of this Act 
                or the rules and regulations of the Commission 
                which, taken together, would constitute a 
                pattern of abuse.
          (2) Consequence of failure to meet standard.--If any 
        licensee of a broadcast station, 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), fails to meet the requirements of this 
        subsection, the Commission may deny the application for 
        renewal in accordance with paragraph (3), or grant such 
        application on terms and conditions as are appropriate, 
        including renewal for a term less than the maximum 
        otherwise permitted.
          (3) Standards for denial.--If the Commission 
        determines, after notice and opportunity for a hearing 
        as provided in subsection (e), that a licensee 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) has failed 
        to meet the requirements specified in paragraph (1) and 
        that no mitigating factors justify the imposition of 
        lesser sanctions, the Commission shall--
                  (A) issue an order denying the renewal 
                application filed by such licensee, grantee, or 
                entity under section 308 or 346; and
                  (B) only thereafter accept and consider such 
                applications for a construction permit as may 
                be filed under section 308 specifying the 
                channel or broadcasting facilities of the 
                [former licensee] 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.
          (4) Competitor consideration prohibited.--In making 
        the determinations specified in paragraph (1) or (2), 
        the Commission shall not consider whether the public 
        interest, convenience, and necessity might be served by 
        the grant of a license, grant of market access, or 
        authorization to a person other than the renewal 
        applicant.
  (l) Applicability of Competitive Bidding to Pending 
Comparative Licensing Cases.--With respect to competing 
applications for initial licenses or construction permits for 
commercial radio or television stations that were filed with 
the Commission before July 1, 1997, the Commission shall--
          (1) have the authority to conduct a competitive 
        bidding proceeding pursuant to subsection (j) to assign 
        such license or permit;
          (2) treat the persons filing such applications as the 
        only persons eligible to be qualified bidders for 
        purposes of such proceeding; and
          (3) waive any provisions of its regulations necessary 
        to permit such persons to enter an agreement to procure 
        the removal of a conflict between their applications 
        during the 180-day period beginning on the date of 
        enactment of the Balanced Budget Act of 1997.

           *       *       *       *       *       *       *


SEC. 346. RADIOFREQUENCY LICENSING AUTHORITY REGARDING CERTAIN 
                    OPERATIONS.

  (a) Rules.--
          (1) In general.--Not later than 18 months after the 
        date of the enactment of this section, the Commission 
        shall issue rules to amend part 25 of title 47, Code of 
        Federal Regulations, to establish--
                  (A) for any license granted under subsection 
                (b) or grant of market access granted under 
                subsection (c), specific, measurable, and 
                technology-neutral performance objectives for 
                space safety and orbital debris, in accordance 
                with paragraph (2);
                  (B) for any license granted under paragraph 
                (1) or (2) of subsection (b), specific 
                modifications (or classes of modifications) to 
                such a license that warrant expedited treatment 
                under subparagraph (A) or (B) (as the case may 
                be) of subsection (g)(2);
                  (C) for any license granted under subsection 
                (b), grant of market access granted under 
                subsection (c), authorization granted under 
                subsection (d), or covered authorization, the 
                manner in which the licensee, grantee, or 
                entity shall notify the Commission of a request 
                to submit a modification under subsection 
                (g)(5);
                  (D) for any request to modify a covered 
                authorization, the manner in which the entity 
                with the covered authorization shall indicate 
                in the request whether the entity is seeking a 
                modification described in subsection 
                (h)(2)(B)(i)(I) or a modification described in 
                subsection (h)(2)(B)(i)(II);
                  (E) for any license granted under subsection 
                (b), grant of market access granted under 
                subsection (c), or covered authorization, in a 
                spectrum band with service rules that require a 
                licensee of such a license, a grantee of such a 
                grant, or an entity with such a covered 
                authorization to share spectrum with another 
                such licensee, grantee, or entity with a 
                covered authorization that is authorized to use 
                the same frequencies of such spectrum, specific 
                actions taken by such a licensee, grantee, or 
                entity with a covered authorization, or by any 
                other entity that is authorized to use such 
                frequencies, that constitute a failure to 
                coordinate in good faith, including whether 
                withholding from another such licensee, 
                grantee, entity with a covered authorization, 
                or other entity information necessary to 
                coordinate in good faith that it is technically 
                feasible to make available to such licensee, 
                grantee, entity with a covered authorization, 
                or other entity is such an action;
                  (F) for any license granted under subsection 
                (b)(1) or grant of market access granted under 
                subsection (c)(1), in a spectrum band with 
                service rules that require a licensee of such a 
                license, a grantee of such a grant, or an 
                entity with a covered authorization to share 
                spectrum (except with respect to the use of a 
                gateway station) with another such licensee, 
                grantee, or entity with a covered authorization 
                that is authorized to use the same frequencies 
                of such spectrum, a quantifiable level of 
                protection required under subsection (h)(4);
                  (G) rules that--
                          (i) clarify, for purposes of 
                        subsection (h)(1)(A)(ii), the 
                        protection from harmful interference 
                        that, during the covered period, an 
                        entity with a covered authorization 
                        that was approved in a processing round 
                        is required to provide to any other 
                        entity with a covered authorization 
                        that was approved in an earlier 
                        processing round; and
                          (ii) seek to promote competition, 
                        innovation, and efficient use of 
                        spectrum by entities with covered 
                        authorizations, including by accounting 
                        for advancements in technology capable 
                        of managing interference concerns to 
                        the greatest extent possible consistent 
                        with clause (i); and
                  (H) for any application or request for 
                modification described in subsection (n), what 
                constitutes reportable foreign ownership for 
                purposes of paragraph (1) of such subsection.
          (2) Conflict with interagency standard practices.--In 
        the rules issued pursuant to paragraph (1)(A), or any 
        successor rule, the Commission may not establish 
        performance objectives that conflict with any standard 
        practice established in the Orbital Debris Mitigation 
        Standard Practices adopted by the United States 
        Government.
  (b) Application for License.--
          (1) NGSO determination required.--Except as provided 
        in paragraph (5) and subsection (m), not later than 1 
        year after the date on which the Commission issues a 
        public notice of the acceptance for filing of a written 
        application submitted to the Commission, the Commission 
        shall make a determination whether to grant such 
        application (including any amendment to such 
        application) for a license for covered 
        radiocommunication services using--
                  (A) a nongeostationary orbit space station or 
                space stations;
                  (B) a blanket-licensed earth station or earth 
                stations that will operate with a 
                nongeostationary orbit space station or space 
                stations; or
                  (C) a nongeostationary orbit space station or 
                space stations and the blanket-licensed earth 
                station or earth stations that will operate 
                with the nongeostationary orbit space station 
                or space stations.
          (2) GSO determination required.--Except as provided 
        in paragraph (5) and subsection (m), not later than 1 
        year after the date on which the Commission issues a 
        public notice of the acceptance for filing of a written 
        application submitted to the Commission, the Commission 
        shall make a determination whether to grant such 
        application (including any amendment to such 
        application) for a license for covered 
        radiocommunication services using--
                  (A) a geostationary orbit space station or 
                space stations;
                  (B) a blanket-licensed earth station or earth 
                stations that will operate with a geostationary 
                orbit space station or space stations; or
                  (C) a geostationary orbit space station or 
                space stations and the blanket-licensed earth 
                station or earth stations that will operate 
                with the geostationary orbit space station or 
                space stations.
          (3) Contents of application.--In addition to the 
        application requirements described in section 308(b), 
        an application submitted under paragraph (1) or (2) 
        shall include the following:
                  (A) Performance metrics with respect to the 
                frequencies and transmission power to be used.
                  (B) A demonstration of compliance by the 
                applicant with the performance objectives 
                established under subsection (a)(1)(A).
                  (C) A description of compliance by the 
                applicant with the actions established under 
                subsection (a)(1)(E), if applicable.
                  (D) In the case of an application submitted 
                under paragraph (1), a demonstration of 
                compliance by the applicant with the 
                quantifiable level of protection established 
                under subsection (a)(1)(F), if applicable.
          (4) Term of initial license.--The Commission shall 
        grant a license for a term not to exceed 15 years for 
        any application granted under this subsection.
          (5) Exceptions.--The deadline for the determination 
        required in paragraphs (1), (2), and (6) may be 
        extended by the Commission for an application subject 
        to review under subsection (n).
          (6) Timely grant of certain applications.--
                  (A) In general.--Except as provided in 
                paragraph (5) and subsection (m), not later 
                than 60 days after the date on which the 
                Commission issues a public notice of the 
                acceptance for filing of a written application 
                submitted to the Commission for a license 
                described in paragraph (1) with respect to 
                which the applicant indicates in the 
                application that the application meets the 
                additional criteria described in subparagraph 
                (B), the Commission shall--
                          (i) determine whether such 
                        application (including any amendment to 
                        such application) meets the additional 
                        criteria described in subparagraph (B); 
                        and
                          (ii) if the determination under 
                        clause (i) is affirmative, grant such 
                        application (including any amendment to 
                        such application).
                  (B) Criteria described.--The additional 
                criteria described in this subparagraph are as 
                follows:
                          (i) A limit on the number of space 
                        stations authorized by the license, as 
                        determined by the Commission.
                          (ii) A limit on the total in-orbit 
                        lifetime for any individual space 
                        station, as determined by the 
                        Commission.
                          (iii) For each space station, the 
                        following:
                                  (I) A limit on the orbital 
                                altitude at which the space 
                                station may operate, as 
                                determined by the Commission.
                                  (II) A requirement that the 
                                space station has a 
                                maneuverability capability and 
                                the ability to make collision 
                                avoidance and deorbit 
                                maneuvers, as determined by the 
                                Commission.
                                  (III) A requirement that the 
                                space station is identifiable 
                                by a unique signal-based 
                                telemetry marker that meets 
                                requirements issued by the 
                                Commission.
                                  (IV) A requirement that the 
                                space station releases no 
                                operational debris.
                                  (V) A requirement that the 
                                space station can be commanded 
                                by command originating from the 
                                ground to immediately cease 
                                transmissions and the applicant 
                                has the capability to eliminate 
                                harmful interference when 
                                required by the Commission.
                          (iv) A requirement that the operator 
                        has assessed and limited the 
                        probability of an accidental explosion, 
                        including an explosion that results 
                        from the conversion of energy sources 
                        on board any space station into energy 
                        that fragments the space station.
                          (v) A limit on the probability of a 
                        collision between each space station 
                        and any other large object, as 
                        determined by the Commission.
                          (vi) A requirement that each space 
                        station is disposed of post-mission and 
                        the probability of human casualty from 
                        disposal meets requirements issued by 
                        the Commission.
                  (C) Criteria not met.--If the determination 
                under subparagraph (A)(i) with respect to an 
                application is negative, the Commission shall 
                make a determination whether to grant such 
                application (including any amendment to such 
                application) under paragraph (1) by the 
                deadline specified in such paragraph.
                  (D) Evasion.--An application does not meet 
                the additional criteria described in 
                subparagraph (B) if the Commission determines 
                that, taken together with any other application 
                or applications submitted by the applicant 
                under subparagraph (A) (including an 
                application that has been approved), such 
                applications are submitted with the purpose of 
                evading a negative determination with respect 
                to such additional criteria.
                  (E) Rule of construction.--For purposes of 
                this section (other than this paragraph), any 
                reference to an application submitted or 
                granted or a license granted under paragraph 
                (1) shall be construed to include an 
                application submitted or granted or a license 
                granted (as the case may be) under subparagraph 
                (A).
                  (F) Implementation.--
                          (i) In general.--Not later than 18 
                        months after the date of the enactment 
                        of this section, the Commission shall--
                                  (I) issue rules to implement 
                                this paragraph; or
                                  (II) make the finding 
                                described in clause (ii).
                          (ii) Finding described.--If the 
                        Commission finds that the rules of the 
                        Commission, as of the date of the 
                        enactment of this section, satisfy the 
                        requirements in this paragraph, the 
                        Commission shall issue a public notice 
                        stating such finding.
  (c) Application for Grant of Market Access.--
          (1) NGSO determination required.--After the date on 
        which the Commission issues a public notice of the 
        acceptance for filing of a written application 
        submitted to the Commission, the Commission shall make 
        a determination whether to grant such application 
        (including any amendment to such application) for 
        market access within the United States for covered 
        radiocommunication services using--
                  (A) a nongeostationary orbit space station or 
                space stations;
                  (B) a blanket-licensed earth station or earth 
                stations that will operate with a 
                nongeostationary orbit space station or space 
                stations; or
                  (C) a nongeostationary orbit space station or 
                space stations and the blanket-licensed earth 
                station or earth stations that will operate 
                with the nongeostationary orbit space station 
                or space stations.
          (2) GSO determination required.--After the date on 
        which the Commission issues a public notice of the 
        acceptance for filing of a written application 
        submitted to the Commission, the Commission shall make 
        a determination whether to grant such application 
        (including any amendment to such application) for 
        market access within the United States for covered 
        radiocommunication services using a geostationary orbit 
        space station or space stations.
          (3) Contents of application.--In addition to the 
        application requirements described in section 308(b), 
        an application submitted under paragraph (1) or (2) 
        shall include the following:
                  (A) Performance metrics with respect to the 
                frequencies and transmission power to be used.
                  (B) A demonstration of compliance by the 
                applicant with the performance objectives 
                established under subsection (a)(1)(A).
                  (C) A description of compliance by the 
                applicant with the actions established under 
                subsection (a)(1)(E), if applicable.
                  (D) In the case of an application submitted 
                under paragraph (1), a demonstration of 
                compliance by the applicant with the 
                quantifiable level of protection established 
                under subsection (a)(1)(F), if applicable.
          (4) Term of initial grant of market access.--The 
        Commission shall grant a grant of market access for a 
        term not to exceed 15 years for any application granted 
        under this subsection.
  (d) Earth Station Authorization.--
          (1) Determination required for individually licensed 
        earth stations.--Except as provided in paragraph (4) 
        and subsection (m), not later than 1 year after the 
        date on which the Commission issues a public notice of 
        the acceptance for filing of a written application 
        submitted to the Commission, the Commission shall make 
        a determination whether to grant such application 
        (including any amendment to such application) for 
        authorization to use an individually licensed earth 
        station.
          (2) Determination required for receive-only earth 
        stations.--Except as provided in paragraph (4) and 
        subsection (m), not later than 30 days after the date 
        on which the Commission issues a public notice of the 
        acceptance for filing of a written application 
        submitted to the Commission, the Commission shall make 
        a determination whether to grant such application 
        (including any amendment to such application) for 
        authorization to use an earth station or earth stations 
        to receive a signal from--
                  (A) a nongeostationary orbit space station or 
                space stations operated under a license granted 
                under subsection (b)(1) or a grant of market 
                access granted under subsection (c)(1); or
                  (B) a geostationary orbit space station or 
                space stations operated under a license granted 
                under subsection (b)(2) or a grant of market 
                access granted under subsection (c)(2).
          (3) Deemed granted.--If the Commission fails to grant 
        or deny a written application (including any amendment 
        to such application) submitted under paragraph (1) or 
        (2) by the deadline for the determination required by 
        such paragraph (including any extension of such 
        deadline under paragraph (4) or subsection (m)), the 
        application (including any amendment to such 
        application) shall be deemed granted on the date on 
        which the Commission receives a written notice by the 
        applicant of the failure.
          (4) Exception.--The deadline for the determination 
        required by paragraph (1) or (2) may be extended by the 
        Commission for an application subject to review under 
        subsection (n).
          (5) Inapplicability to blanket-licensed earth 
        stations.--This subsection does not apply with respect 
        to an earth station or earth stations to the extent 
        that the earth station or earth stations will be 
        blanket-licensed with a space station or space stations 
        as described in subsection (b)(1)(B), (b)(1)(C), 
        (b)(2)(B), (b)(2)(C), (c)(1)(B), or (c)(1)(C).
  (e) Determination of Public Interest, Convenience, and 
Necessity.--The Commission may not make a determination to 
grant an application, renewal, or modification under subsection 
(b), (c), (d), (f), or (g) (as the case may be) unless--
          (1) except in the case of a modification under 
        subsection (g)(2), the Commission determines that the 
        license, grant, or authorization (as the case may be) 
        serves the public interest, convenience, and necessity; 
        and
          (2) the Commission determines that--
                  (A) in the case of a licensee or grantee to 
                which subsection (h)(4) applies--
                          (i) in the case of an application, 
                        except in accordance with a 
                        coordination agreement, the licensee or 
                        grantee will not, during the term of 
                        the license or grant, exceed the 
                        quantifiable level of protection 
                        established in subsection (h)(4) in 
                        operating under the license or grant;
                          (ii) in the case of a renewal, except 
                        in accordance with a coordination 
                        agreement, the licensee or grantee has 
                        not exceeded, during the preceding term 
                        of the license or grant, and will not 
                        exceed, during the term of the renewal 
                        of the license or grant, the 
                        quantifiable level of protection 
                        established in subsection (h)(4) in 
                        operating under the license or grant; 
                        and
                          (iii) in the case of a modification, 
                        except in accordance with a 
                        coordination agreement, the licensee or 
                        grantee has not exceeded, during the 
                        portion of the term of the license or 
                        grant preceding the determination, and 
                        will not exceed, during the remainder 
                        of such term, the quantifiable level of 
                        protection established in subsection 
                        (h)(4) in operating under the license 
                        or grant; and
                  (B) in the case of a licensee or grantee that 
                is required to protect radio astronomy 
                observatories by the International 
                Telecommunication Union, the application, 
                request for renewal, or request for 
                modification demonstrates that the licensee or 
                grantee will provide such protection in 
                operating under the license or grant.
  (f) Renewal of License, Grant of Market Access, or 
Authorization.--
          (1) In general.--Except as provided in section 
        309(k)(2), the Commission shall grant a renewal for a 
        license granted under subsection (b), a grant of market 
        access granted under subsection (c), or an 
        authorization granted under subsection (d), upon 
        request by the licensee, grantee, or entity with such 
        authorization (as the case may be), for a term not to 
        exceed the length of the initial term beginning the day 
        after the date on which the preceding term of the 
        license, grant of market access, or authorization 
        expires, if the Commission determines the requirements 
        under subsection (e) and section 309(k) have been met.
          (2) Deadline for determination.--Except as provided 
        in subsection (m), not later than 180 days after the 
        date on which the Commission receives a request for 
        renewal of a license granted under subsection (b), a 
        grant of market access granted under subsection (c), or 
        an authorization granted under subsection (d), the 
        Commission shall--
                  (A) grant such request (including any 
                amendment to such request); or
                  (B) make the determination described in 
                section 309(k)(3) and deny such request 
                (including any amendment to such request).
  (g) Modification of License; Grant of Market Access.--
          (1) Major modifications.--Except as provided in 
        paragraphs (2), (3), (5), and (6) and subsection (m), 
        and not later than 1 year after the date on which the 
        Commission receives a request to modify a license 
        granted under subsection (b)(1), the Commission shall 
        grant the request (including any amendment to such 
        request) if the Commission determines the modification 
        meets the requirements under subsection (e). Except as 
        provided in paragraphs (2), (3), and (5), the 
        Commission may grant a request (including any amendment 
        to such request) to modify a license granted under 
        subsection (b)(2) or a grant of market access granted 
        under subsection (c) if the Commission determines the 
        modification meets the requirements under subsection 
        (e).
          (2) Expedited treatment for minor modifications.--
                  (A) NGSO license modifications.--Except as 
                provided in paragraphs (3), (5), and (6) and 
                subsection (m), and not later than 90 days 
                after the date on which the Commission receives 
                a request to modify a license granted under 
                subsection (b)(1), the Commission shall grant 
                the request (including any amendment to such 
                request) if--
                          (i) the Commission determines that 
                        the modification or modifications meet 
                        the requirements (if applicable) under 
                        subparagraphs (A) and (B) of subsection 
                        (e)(2); and
                          (ii) the request is limited only to 
                        modifications, or a class of 
                        modifications, that--
                                  (I) increase transmission 
                                capacity;
                                  (II) improve spectral 
                                efficiency, such as by 
                                improving compression 
                                technologies;
                                  (III) improve the orbital 
                                variance efficiency of the 
                                space station (or space 
                                stations, considered 
                                collectively, if there is more 
                                than one such space station) 
                                authorized by the license; or
                                  (IV) otherwise do not 
                                substantially modify the space 
                                station (or space stations, 
                                considered collectively, if 
                                there is more than one such 
                                space station) authorized by 
                                the license.
                  (B) GSO license modifications.--Except as 
                provided in paragraphs (3), (5), and (6) and 
                subsection (m), and not later than 90 days 
                after the date on which the Commission receives 
                a request to modify a license granted under 
                subsection (b)(2), the Commission shall grant 
                the request (including any amendment to such 
                request) if--
                          (i) the Commission determines that 
                        the modification or modifications meet 
                        the requirements (if applicable) under 
                        subsection (e)(2)(B); and
                          (ii) the request is limited only to 
                        modifications, or a class of 
                        modifications, that--
                                  (I) increase transmission 
                                capacity;
                                  (II) improve spectral 
                                efficiency, such as by 
                                improving compression 
                                technologies; or
                                  (III) otherwise do not 
                                substantially modify the space 
                                station (or space stations, 
                                considered collectively, if 
                                there is more than one such 
                                space station) authorized by 
                                the license.
                  (C) Deemed granted.--If the Commission fails 
                to grant a request (including any amendment to 
                such request) made by a licensee under 
                subparagraph (A) or (B) by the deadline 
                specified in such subparagraph (including any 
                extension of such deadline under paragraph (6) 
                or subsection (m)), the request (including any 
                amendment to such request) shall be deemed 
                granted on the date on which the Commission 
                receives a written notice by the licensee of 
                the failure.
          (3) Emergency grant, renewal, or modification.--If 
        the Commission finds that there are extraordinary 
        circumstances requiring temporary operations in the 
        public interest and that delay in the institution of 
        such temporary operations would seriously prejudice the 
        public interest, the Commission--
                  (A) may grant a license described in 
                subsection (b), a grant of market access 
                described in subsection (c), or an 
                authorization described in subsection (d), a 
                modification of such a license, grant of market 
                access, or authorization, or renewal of such a 
                license, grant of market access, or 
                authorization for a period not to exceed 180 
                days in a manner and upon the terms the 
                Commission shall by rule prescribe in the case 
                of an emergency found by the Commission 
                involving--
                          (i) danger to life or property; or
                          (ii) an action that is necessary for 
                        the national defense or security of the 
                        United States;
                  (B) shall include with a grant made under 
                this paragraph a statement of the reasons of 
                the Commission for making such grant;
                  (C) may extend a grant made under this 
                paragraph for periods not to exceed 180 days; 
                and
                  (D) shall give expeditious treatment to any 
                timely filed petition to deny such application 
                and to any petition for rehearing of such grant 
                filed under section 405.
          (4) Exclusion.--Paragraph (2) shall not apply to a 
        request to modify a license for--
                  (A) the addition of an ancillary terrestrial 
                component; or
                  (B) modifying the service offered under the 
                initial license granted under subsection (b) 
                between fixed satellite service and mobile 
                satellite service.
          (5) Automatic grant of certain modifications.--Upon 
        notification to the Commission, the Commission may 
        automatically grant a request to modify a license 
        granted under subsection (b), a grant of market access 
        granted under subsection (c), an authorization granted 
        under subsection (d), or a covered authorization, to 
        replace--
                  (A) one space station (or component of such 
                space station) with a technically similar space 
                station (or component of such space station) 
                previously approved by the Commission; or
                  (B) one earth station (or component of such 
                earth station) with a technically similar earth 
                station (or component of such earth station) 
                previously approved by the Commission.
          (6) Exceptions.--The deadlines under paragraphs (1) 
        and (2) may be extended by the Commission for a request 
        subject to review under subsection (n).
  (h) Shared Spectrum; Protection From Harmful Interference.--
          (1) Grandfathered treatment and sunset of certain 
        authorizations.--
                  (A) In general.--For the duration of the 
                covered period--
                          (i) a covered authorization shall not 
                        be treated as being granted under 
                        subsection (b)(1) or subsection (c)(1) 
                        (as the case may be); and
                          (ii) an entity with a covered 
                        authorization shall be afforded, and 
                        shall afford to any other entity with a 
                        covered authorization, protection from 
                        harmful interference that is consistent 
                        with the terms of such protection 
                        afforded before the date of the 
                        enactment of this section.
                  (B) Treatment of certain applications.--The 
                Commission shall dismiss without prejudice any 
                application for a license or grant of market 
                access to operate a system described in 
                subparagraph (A), (B), or (C) of subsection 
                (b)(1) or subparagraph (A), (B), or (C) of 
                subsection (c)(1) that is submitted to the 
                Commission after the date of the enactment of 
                this section and before the date on which the 
                rules issued pursuant to subsection (a) take 
                effect.
          (2) Transitional rules.--
                  (A) Renewal under this section.--An entity 
                with a covered authorization may, at any time 
                before the end of the covered period, seek 
                renewal of the covered authorization under 
                subsection (f) as if the covered authorization 
                were a license granted under subsection (b)(1) 
                or a grant of market access granted under 
                subsection (c)(1) (as the case may be). If the 
                Commission grants the renewal, the renewal 
                shall be treated as a renewal of a license 
                granted under subsection (b)(1) or a grant of 
                market access granted under subsection (c)(1) 
                (as the case may be).
                  (B) Modification.--
                          (i) Indication of type of 
                        modification sought.--If an entity with 
                        a covered authorization submits to the 
                        Commission a request to modify the 
                        covered authorization, the entity shall 
                        indicate in the request whether the 
                        entity is seeking--
                                  (I) a modification of the 
                                covered authorization under the 
                                law and regulations applicable 
                                to the covered authorization; 
                                or
                                  (II) a modification of the 
                                covered authorization under 
                                subsection (g) as if the 
                                covered authorization were a 
                                license granted under 
                                subsection (b)(1) or a grant of 
                                market access granted under 
                                subsection (c)(1) (as the case 
                                may be).
                          (ii) Treatment.--If the Commission 
                        grants a request to modify a covered 
                        authorization--
                                  (I) in the case of a request 
                                for a modification described in 
                                clause (i)(I), the covered 
                                authorization as modified shall 
                                continue to be treated as 
                                described in paragraph 
                                (1)(A)(i) and the entity with 
                                the covered authorization 
                                shall, with respect to the 
                                covered authorization, continue 
                                to be afforded, and to afford 
                                to any other entity with a 
                                covered authorization, the 
                                protection described in 
                                paragraph (1)(A)(ii); and
                                  (II) in the case of a request 
                                for a modification described in 
                                clause (i)(II), the covered 
                                authorization as modified shall 
                                be treated as a license granted 
                                under subsection (b)(1) or a 
                                grant of market access granted 
                                under subsection (c)(1) (as the 
                                case may be) with respect to 
                                which a request to modify has 
                                been granted under subsection 
                                (g).
          (3) Good faith coordination of shared spectrum.--Not 
        later than the date on which the rules issued pursuant 
        to subsection (a) take effect--
                  (A) a licensee of a license granted under 
                subsection (b), a grantee of a grant of market 
                access granted under subsection (c), or an 
                entity with a covered authorization, in a 
                spectrum band with service rules that require 
                such a licensee, grantee, or entity with a 
                covered authorization to share spectrum with 
                another such licensee, grantee, or entity with 
                a covered authorization that is authorized to 
                use the same frequencies of such spectrum, 
                shall make a good faith effort to coordinate 
                the use of such frequencies (including the use 
                of such frequencies by an individually licensed 
                earth station) with any other such licensee, 
                grantee, or entity with a covered authorization 
                and any other entity that is authorized to use 
                such frequencies; and
                  (B) any other entity that is authorized to 
                use such frequencies shall make a good faith 
                effort to coordinate the use of such 
                frequencies with any such licensee, grantee, or 
                entity with a covered authorization.
          (4) Protection from harmful interference.--
                  (A) In general.--Not later than the date on 
                which the rules issued pursuant to subsection 
                (a) take effect, for any spectrum band in which 
                the Commission grants a license under 
                subsection (b)(1) or a grant of market access 
                under subsection (c)(1) and for which the 
                service rules require such a licensee or 
                grantee or an entity with a covered 
                authorization to share spectrum (except with 
                respect to the use of a gateway station) with 
                another such licensee, grantee, or entity with 
                a covered authorization that is authorized to 
                use the same frequencies of such spectrum, the 
                Commission shall establish a quantifiable level 
                of protection that (except with respect to the 
                use of a gateway station) such a licensee or 
                grantee shall afford to any other entity 
                (including an entity with a covered 
                authorization but not including a licensee of a 
                license granted under subsection (b)(2) or a 
                grantee of a grant of market access granted 
                under subsection (c)(2)) that is authorized to 
                use such frequencies.
                  (B) Exceptions.--Subparagraph (A) shall not 
                apply with respect to--
                          (i) the spectrum between the 
                        frequencies of 1617.775 megahertz and 
                        1618.725 megahertz, inclusive; or
                          (ii) any spectrum band allocated for 
                        the earth exploration satellite 
                        service.
          (5) Consideration required.--When establishing the 
        quantifiable level of protection described in paragraph 
        (4), the Commission shall, with respect to the entities 
        to which the quantifiable level of protection is 
        required under such paragraph to be afforded--
                  (A) consider protection of such entities 
                based on a degraded throughput methodology, 
                requiring that, except in accordance with a 
                coordination agreement, a licensee of a license 
                granted under subsection (b)(1) or a grantee of 
                a grant of market access granted under 
                subsection (c)(1) may cause no more than a 
                certain percentage increase in the link 
                unavailability of such an entity and may reduce 
                the throughput of such an entity by no more 
                than a certain percentage;
                  (B) consider protection of such entities from 
                interference beyond a permissible interference-
                to-noise ratio, or whether interference-to-
                noise alone provides a sufficient level of 
                protection; and
                  (C) consider protection of such entities from 
                harmful interference by awarding a greater 
                share of spectrum during in-line events to 
                earlier-filed systems.
          (6) Relation to itu radio regulations.--Nothing in 
        this subsection shall be construed to require the 
        Commission to adopt rules regarding the use of spectrum 
        that contravene a requirement of the radio regulations 
        of the International Telecommunication Union.
          (7) Rule of construction.--An entity with a covered 
        authorization shall not be required to submit 
        additional information in order to retain such 
        authorization, nor shall paragraph (1)(A) affect any 
        obligation of such entity under applicable law or 
        regulation until the end of the covered period.
  (i) State Preemption of Market Entry; Rates.--Notwithstanding 
any other provision of law, no State or local government shall 
have any authority to regulate the entry of or the rates 
charged by an applicant or licensee related to a license 
granted under subsection (b), an applicant or grantee related 
to a grant of market access granted under subsection (c), or an 
applicant or entity related to an authorization granted under 
subsection (d), except that this subsection shall not prohibit 
a State from regulating the other terms and conditions of such 
a licensee, grantee, or entity.
  (j) Regulatory Restraint.--
          (1) Limitation on information required to be 
        provided.--In performing any act, making any rule or 
        regulation, or issuing any order necessary to carry out 
        this section, the Commission--
                  (A) shall limit the information required to 
                be furnished to the Commission;
                  (B) shall demonstrate the Commission has 
                taken every reasonable step to limit the 
                information required to be furnished to the 
                Commission;
                  (C) may not require, with respect to an 
                application under subsection (b), (c), or (d), 
                a request for renewal under subsection (f), or 
                a request for modification under subsection 
                (g), the filing of any information which 
                previously has been furnished to the Commission 
                or which is not directly material to the 
                considerations that affect the granting or 
                denial of such application or request (but the 
                Commission may require any new or additional 
                facts the Commission deems necessary to make 
                its findings); and
                  (D) may not request additional information 
                regarding the performance objectives 
                established under subsection (a)(1)(A) for any 
                case in which an applicant has demonstrated 
                compliance with such performance objectives.
          (2) Deadline for petition determination.--If an 
        applicant for a license or a licensee under subsection 
        (b) files a petition under part 1 of title 47, Code of 
        Federal Regulations (or any successor regulation) 
        relating to information required to be furnished to the 
        Commission under this section, the Commission shall 
        grant or deny the petition within 90 days after the 
        date on which the petition is filed.
  (k) Relation to Experimental and Amateur Uses.--This section 
shall not apply to any Commission authorization in--
          (1) the experimental radio service; or
          (2) the amateur radio service.
  (l) Completeness.--
          (1) In general.--Not later than 20 business days 
        after receiving a written application submitted under 
        subsection (b), (c), or (d), the Commission shall--
                  (A) determine whether--
                          (i) such application contains--
                                  (I) in the case of an 
                                application submitted under 
                                subsection (b), all of the 
                                information required to be 
                                submitted with the application 
                                under subsection (b)(3) and the 
                                first sentence of section 
                                308(b);
                                  (II) in the case of an 
                                application submitted under 
                                subsection (c), all of the 
                                information required to be 
                                submitted with the application 
                                under subsection (c)(3) and the 
                                first sentence of section 
                                308(b); or
                                  (III) in the case of an 
                                application submitted under 
                                subsection (d), all of the 
                                information required to be 
                                submitted with the application 
                                under the first sentence of 
                                section 308(b); and
                          (ii) the applicant has paid the fee 
                        (if any) required under section 8 in 
                        connection with the application; and
                  (B) either--
                          (i) if both determinations under 
                        subparagraph (A) are in the 
                        affirmative, issue a public notice of 
                        the acceptance for filing of such 
                        application; or
                          (ii) if either determination under 
                        subparagraph (A) is in the negative, 
                        provide notice to the applicant of the 
                        negative determination, including what 
                        information that was required to be 
                        submitted was not submitted or the 
                        amount of the application fee due, or 
                        both (as the case may be).
          (2) Inaction by commission.--If the Commission does 
        not comply with paragraph (1) with respect to an 
        application by the deadline specified in such 
        paragraph, the Commission shall be deemed for purposes 
        of subsection (b), (c), or (d) (as the case may be) to 
        have issued a public notice of the acceptance for 
        filing of such application on the date that is 21 
        business days after the date on which such application 
        was received.
          (3) Limitation.--In making a determination under 
        paragraph (1)(A)(i), the Commission may only consider 
        whether the application contains the information 
        described in subclause (I), (II), or (III) (as the case 
        may be) of such paragraph and may not consider whether 
        the information is sufficient to allow the Commission 
        to grant or deny the application.
  (m) Tolling.--
          (1) In general.--Except as provided in subsections 
        (b)(5), (d)(4), and (g)(6), with respect to an 
        application for a license under subsection (b) or an 
        authorization under subsection (d), or a request for 
        renewal under subsection (f) or modification under 
        subsection (g) of a license granted under subsection 
        (b), a grant of market access granted under subsection 
        (c), or an authorization granted under subsection (d), 
        the Commission may extend the deadline under subsection 
        (b), (d), (f), or (g) (as the case may be) for 
        consideration of the application or request only if the 
        Commission--
                  (A) finds that there are extraordinary 
                circumstances requiring additional time for 
                consideration of the application or request 
                such that, if the deadline were not extended, 
                the public interest would be seriously 
                prejudiced; and
                  (B) issues a public notice of the finding 
                described in subparagraph (A) that states--
                          (i) the reasons of the Commission for 
                        the extension; and
                          (ii) the length of the period of the 
                        extension.
          (2) Length.--The Commission may not grant an 
        extension of a deadline under paragraph (1) for a 
        period that exceeds 90 days but may grant 1 or more 
        additional extensions of such deadline under such 
        paragraph, if the Commission makes the finding and 
        issues the public notice required by such paragraph 
        with respect to any such additional extension.
  (n) Review for National Security and Law Enforcement 
Concerns.--
          (1) Review required for entities with reportable 
        foreign ownership.--In the case of an application under 
        subsection (b), (c), or (d), a request for modification 
        under subsection (g), or a request for modification of 
        a covered authorization that is submitted by an entity 
        that the Commission determines to have reportable 
        foreign ownership, the Commission shall refer such 
        application or request to the Committee for the 
        Assessment of Foreign Participation in the United 
        States Telecommunications Services Sector established 
        by Executive Order No. 13913 (85 Fed. Reg. 19643) (in 
        this subsection referred to as the ``Committee'') for 
        review of national security and law enforcement 
        concerns that may be raised by such application or 
        request.
          (2) Review at discretion of commission.--In addition 
        to the applications and requests that the Commission is 
        required to refer to the Committee under paragraph (1), 
        the Commission may, in the discretion of the 
        Commission, refer any other application under 
        subsection (b), (c), or (d), request for modification 
        under subsection (g), or request for modification of a 
        covered authorization to the Committee for review of 
        national security and law enforcement concerns that may 
        be raised by such application or request.
  (o) Definitions.--In this section:
          (1) Covered application.--The term ``covered 
        application'' means an application for a license or 
        grant of market access to operate a system described in 
        subparagraph (A), (B), or (C) of subsection (b)(1) or 
        subparagraph (A), (B), or (C) of subsection (c)(1) that 
        is pending on the date of the enactment of this 
        section.
          (2) Covered authorization.--The term ``covered 
        authorization'' means--
                  (A) a license or grant of market access 
                granted by the Commission to operate a system 
                described in subparagraph (A), (B), or (C) of 
                subsection (b)(1) or subparagraph (A), (B), or 
                (C) of subsection (c)(1) that is in effect on 
                the date of the enactment of this section; or
                  (B) a license or grant of market access 
                granted by Commission approval of a covered 
                application.
          (3) Covered period.--The term ``covered period'' 
        means, with respect to a covered authorization, the 
        period of time that begins on the date of the enactment 
        of this section and ends on the earliest of--
                  (A) the date that is 11 years after such date 
                of enactment;
                  (B) the date on which the Commission 
                determines that the licensee or grantee (as the 
                case may be) has not either--
                          (i) deployed a level of service 
                        commensurate with the terms of the 
                        license or grant of market access; or
                          (ii) otherwise demonstrated progress 
                        and investment consistent with the 
                        deployment obligations under the 
                        license or grant of market access;
                  (C) the date on which the Commission grants a 
                request to renew the covered authorization; or
                  (D) the date on which the Commission grants a 
                request for a modification of the covered 
                authorization described in subsection 
                (h)(2)(B)(i)(II).
          (4) Covered radiocommunication service.--The term 
        ``covered radiocommunication service'' means a 
        radiocommunication service (as defined in the radio 
        regulations of the International Telecommunication 
        Union that are in force as of the date of the enactment 
        of this section (or any successor to such 
        regulations)), except that such term does not include 
        any radionavigation or safety service specifically 
        identified by the Commission as a safety service for 
        aeronautical or maritime transportation.
          (5) Gateway station.--The term ``gateway station'' 
        means an earth station or a group of earth stations 
        that--
                  (A) supports the routing and switching 
                functions of a system operated under a license 
                granted under subsection (b) or a grant of 
                market access granted under subsection (c);
                  (B) may also be used for telemetry, tracking, 
                and command transmissions;
                  (C) does not originate or terminate 
                communication traffic; and
                  (D) is not for the exclusive use of any 
                customer.
          (6) Individually licensed earth station.--The term 
        ``individually licensed earth station'' means--
                  (A) an earth station (other than a blanket-
                licensed earth station) that sends a signal to, 
                and receives a signal from--
                          (i) a nongeostationary orbit space 
                        station or space stations operated 
                        under a license granted under 
                        subsection (b)(1) or a grant of market 
                        access granted under subsection (c)(1); 
                        or
                          (ii) a geostationary orbit space 
                        station or space stations operated 
                        under a license granted under 
                        subsection (b)(2) or a grant of market 
                        access granted under subsection (c)(2); 
                        or
                  (B) a gateway station.
          (7) Orbital variance efficiency.--The term ``orbital 
        variance efficiency'' means the mean of the distance 
        between the actual altitude of each space station and 
        the authorized altitude for each space station 
        authorized under subsection (b)(1).

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