I
118th CONGRESS
1st Session
H. R. 1338
IN THE HOUSE OF REPRESENTATIVES
March 3, 2023
Mrs. Rodgers of Washington (for herself and Mr. Pallone) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to provide authority for certain licenses, and for other purposes.
Short title
This Act may be cited as the Satellite And Telecommunications Streamlining Act
or the SAT Streamlining Act
.
Authority regarding certain licenses
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:
Radiofrequency licensing authority regarding certain operations
Rules
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—
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);
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);
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);
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);
for any license granted under subsection (b)(1), grant of market access granted under subsection (c)(1), 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 a covered authorization to share 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 shared spectrum, 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;
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 or a grantee of such a grant to share spectrum (except with respect to the use of a gateway station), a quantifiable level of protection required under subsection (h)(4);
rules that—
clarify, for purposes of subsection (h)(1)(B), 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
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
for any application or request for modification described in subsection (n), what constitutes reportable foreign ownership for purposes of paragraph (1) of such subsection.
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 adopted by the Secretary of Commerce.
Application for license
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 for a license for radiocommunication services using—
a nongeostationary orbit space station or space stations;
a blanket-licensed earth station or earth stations that will operate with a nongeostationary orbit space station or space stations; or
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.
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 for a license for radiocommunication services using—
a geostationary orbit space station or space stations;
a blanket-licensed earth station or earth stations that will operate with a geostationary orbit space station or space stations; or
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.
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:
Performance metrics with respect to the frequencies and transmission power to be used.
A demonstration of compliance by the applicant with the performance objectives established under subsection (a)(1)(A).
In the case of an application submitted under paragraph (1)—
a description of compliance by the applicant with the actions established under subsection (a)(1)(E); and
a demonstration of compliance by the applicant with the quantifiable level of protection established under subsection (a)(1)(F).
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.
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).
Timely grant of certain applications
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—
determine whether such application meets the additional criteria described in subparagraph (B); and
if the determination under clause (i) is affirmative, grant such application.
Criteria described
The additional criteria described in this subparagraph are as follows:
A limit on the number of space stations authorized by the license, as determined by the Commission.
A limit on the total in-orbit lifetime for any individual space station, as determined by the Commission.
For each space station, the following:
A limit on the orbital altitude at which the space station may operate, as determined by the Commission.
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.
A requirement that the space station is identifiable by a unique signal-based telemetry marker that meets requirements issued by the Commission.
A requirement that the space station releases no operational debris.
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.
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.
A limit on the probability of a collision between each space station and any other large object, as determined by the Commission.
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.
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 under paragraph (1) by the deadline specified in such paragraph.
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.
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).
Implementation
In general
Not later than 60 days after the date of the enactment of this section, the Commission shall—
issue rules to implement this paragraph; or
make the finding described in clause (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.
Application for grant of market access
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 for market access within the United States for radiocommunication services using—
a nongeostationary orbit space station or space stations; or
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.
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 for market access within the United States for radiocommunication services using a geostationary orbit space station or space stations.
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:
Performance metrics with respect to the frequencies and transmission power to be used.
A demonstration of compliance by the applicant with the performance objectives established under subsection (a)(1)(A).
In the case of an application submitted under paragraph (1)—
a description of compliance by the applicant with the actions established under subsection (a)(1)(E); and
a demonstration of compliance by the applicant with the quantifiable level of protection established under subsection (a)(1)(F).
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.
Earth station authorization
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 for authorization to use an individually licensed earth station.
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 for authorization to use an earth station or earth stations to receive a signal from—
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
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).
Deemed granted
If the Commission fails to grant or deny a written 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 shall be deemed granted on the date on which the Commission receives a written notice by the applicant of the failure.
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).
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), or (c)(1)(B).
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—
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
the Commission determines that—
in the case of a licensee or grantee to which subsection (h)(4) applies—
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;
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
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
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.
Renewal of license, grant of market access, or authorization
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.
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—
grant such renewal; or
make the determination described in section 309(k)(3) and deny such renewal.
Modification of license; grant of market access
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 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 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).
Expedited treatment for minor modifications
NGSO license modifications
Except as provided in paragraphs (3), (5), and (6) and subsection (m), the Commission shall grant a request made by a licensee to modify a license granted under subsection (b)(1) not later than 90 days after the date on which the Commission receives the request to modify if—
the Commission determines that the modification or modifications meet the requirements (if applicable) under subparagraphs (A) and (B) of subsection (e)(2); and
the request is limited only to modifications, or a class of modifications, that—
increase transmission capacity;
improve spectral efficiency, such as by improving compression technologies;
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
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.
GSO license modifications
Except as provided in paragraphs (3), (5), and (6) and subsection (m), the Commission shall grant a request made by a licensee to modify a license granted under subsection (b)(2) not later than 90 days after the date on which the Commission receives the request to modify if—
the Commission determines that the modification or modifications meet the requirements (if applicable) under subsection (e)(2)(B); and
the request is limited only to modifications, or a class of modifications, that—
increase transmission capacity;
improve spectral efficiency, such as by improving compression technologies; or
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.
Deemed granted
If the Commission fails to grant a 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 shall be deemed granted on the date on which the Commission receives a written notice by the licensee of the failure.
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—
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—
danger to life or property; or
an action that is necessary for the national defense or security of the United States;
shall include with a grant made under this paragraph a statement of the reasons of the Commission for making such grant;
may extend a grant made under this paragraph for periods not to exceed 180 days; and
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.
Exclusion
Paragraph (2) shall not apply to a request to modify a license for—
the addition of an ancillary terrestrial component; or
modifying the service offered under the initial license granted under subsection (b) between fixed satellite service and mobile satellite service.
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—
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
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.
Exceptions
The deadlines under paragraphs (1) and (2) may be extended by the Commission for a request subject to review under subsection (n).
Shared spectrum; protection from harmful interference
Grandfathered treatment and sunset of certain authorizations
For the duration of the covered period—
a covered authorization shall not be treated as being granted under subsection (b)(1) or subsection (c)(1) (as the case may be); and
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.
Transitional rules
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).
Modification
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—
a modification of the covered authorization under the law and regulations applicable to the covered authorization; or
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).
Treatment
If the Commission grants a request to modify a covered authorization—
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) 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)(B); and
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).
Good faith coordination of shared spectrum
Not later than the date on which the rules issued pursuant to subsection (a) take effect—
a licensee of a license granted under subsection (b)(1), a grantee of a grant of market access granted under subsection (c)(1), or an entity with a covered authorization, in a spectrum band with service rules that require such a licensee, grantee, or entity to share spectrum, shall make a good faith effort to coordinate the use of such shared spectrum (including the use of such shared spectrum 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 shared spectrum; and
any other entity that is authorized to use such shared spectrum shall make a good faith effort to coordinate the use of such shared spectrum with any such licensee, grantee, or entity with a covered authorization.
Protection from harmful interference
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 to share spectrum (except with respect to the use of a gateway station), 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 shared spectrum.
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—
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;
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
consider protection of such entities from harmful interference by awarding a greater share of spectrum during in-line events to earlier-filed systems.
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.
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) affect any obligation of such entity under applicable law or regulation until the end of the covered period.
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.
Regulatory restraint
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—
shall limit the information required to be furnished to the Commission;
shall demonstrate the Commission has taken every reasonable step to limit the information required to be furnished to the Commission;
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
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.
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.
Relation to experimental and amateur uses
This section shall not apply to any Commission authorization in—
the experimental radio service; or
the amateur radio service.
Completeness
In general
Not later than 20 business days after receiving a written application submitted under subsection (b), (c), or (d), the Commission shall—
determine whether—
such application contains—
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);
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
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
the applicant has paid the fee (if any) required under section 8 in connection with the application; and
either—
if both determinations under subparagraph (A) are in the affirmative, issue a public notice of the acceptance for filing of such application; or
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).
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.
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.
Tolling
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—
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
issues a public notice of the finding described in subparagraph (A) that states—
the reasons of the Commission for the extension; and
the length of the period of the extension.
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.
Review for national security and law enforcement concerns
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.
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.
Clarification relating to shared spectrum
In general
For purposes of this section—
spectrum shall only be treated as being shared if more than 1 entity described in paragraph (2) is authorized to use the same frequencies of such spectrum; and
the spectrum between the frequencies of 1617.775 megahertz and 1618.725 megahertz, inclusive, shall not be treated as being shared.
Entity described
The entities described in this paragraph are the following:
A licensee of a license granted under subsection (b)(1).
A grantee of a grant of market access granted under subsection (c)(1).
An entity with a covered authorization.
Definitions
In this section:
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) or (B) of subsection (c)(1) in a processing round established before December 31, 2022, that is pending on the date of the enactment of this section.
Covered authorization
The term covered authorization means—
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) or (B) of subsection (c)(1) in a processing round established before December 31, 2022; or
a license or grant of market access granted by Commission approval of a covered application.
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—
the date on which the covered authorization expires;
the date that is 15 years after such date of enactment;
the date on which the Commission determines that the licensee or grantee (as the case may be) has not either—
deployed a level of service commensurate with the terms of the license or grant of market access; or
otherwise demonstrated progress and investment consistent with the deployment obligations under the license or grant of market access;
the date on which the Commission grants a request to renew the covered authorization; or
the date on which the Commission grants a request for a modification of the covered authorization described in subsection (h)(2)(B)(i)(II).
Gateway station
The term gateway station
means an earth station or a group of earth stations that—
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);
may also be used for telemetry, tracking, and command transmissions;
does not originate or terminate communication traffic; and
is not for the exclusive use of any customer.
Individually licensed earth station
The term individually licensed earth station
means—
an earth station that sends a signal to, and receives a signal from—
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
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
a gateway station.
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).
Radiocommunication service
The term radiocommunication service
has the meaning given such term 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).
.
Relation to other law amendments
The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended—
in section 309(j)(2)—
in subparagraph (B), by striking ; or
and inserting a semicolon;
by redesignating subparagraph (C) as subparagraph (D); and
by inserting after subparagraph (B) the following new subparagraph:
for licenses, grants of market access, or authorizations granted under section 346; or
; and
in section 309(k)—
in the heading, by striking Broadcast station renewal procedures
and inserting Renewal procedures for certain authorizations
;
in paragraph (1)—
in the matter preceding subparagraph (A)—
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
;
by inserting , grant, or authorization
after such license
;
by striking that station
and inserting that licensee, grantee, or entity
; and
by inserting , grant of market access, or authorization
after its license
;
in subparagraph (A), by striking the station
and inserting in the case of a broadcast station, the station
;
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
by inserting after subparagraph (A) the following:
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);
;
in subparagraph (C), as so redesignated, by inserting , grantee, or entity
after licensee
; and
in subparagraph (D), as so redesignated, by inserting , grantee, or entity
after licensee
;
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
;
in paragraph (3)—
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
;
in subparagraph (A)—
by inserting , grantee, or entity
after licensee
; and
by inserting or 346
after section 308
; and
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
in paragraph (4), by inserting , grant of market access, or authorization
after license
.
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.
