I 

118TH CONGRESS 

1ST SESSION H. R. 1338 

To amend the Communications Act of 1934 to provide authority for certain 

licenses, and for other purposes. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Satellite And Tele5 communications Streamlining Act’’ or the ‘‘SAT Stream6 lining Act’’. 

7 SEC. 2. AUTHORITY REGARDING CERTAIN LICENSES. 

8 (a) AMENDMENT.—Part I of title III of the Commu9 nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 

10 by adding at the end the following new section: 


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1 ‘‘SEC. 346. RADIOFREQUENCY LICENSING AUTHORITY RE2 GARDING CERTAIN OPERATIONS. 

3 ‘‘(a) RULES.— 

4 ‘‘(1) IN GENERAL.—Not later than 18 months 

5 after the date of the enactment of this section, the 

6 Commission shall issue rules to amend part 25 of 

7 title 47, Code of Federal Regulations, to establish— 

8 ‘‘(A) for any license granted under sub9 section (b) or grant of market access granted 

10 under subsection (c), specific, measurable, and 

11 technology-neutral performance objectives for 

12 space safety and orbital debris, in accordance 

13 with paragraph (2); 

14 ‘‘(B) for any license granted under para15 graph (1) or (2) of subsection (b), specific 

16 modifications (or classes of modifications) to 

17 such a license that warrant expedited treatment 

18 under subparagraph (A) or (B) (as the case 

19 may be) of subsection (g)(2); 

20 ‘‘(C) for any license granted under sub21 section (b), grant of market access granted 

22 under subsection (c), authorization granted 

23 under subsection (d), or covered authorization, 

24 the manner in which the licensee, grantee, or 

25 entity shall notify the Commission of a request 


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1 to submit a modification under subsection 

2 (g)(5); 

3 ‘‘(D) for any request to modify a covered 

4 authorization, the manner in which the entity 

5 with the covered authorization shall indicate in 

6 the request whether the entity is seeking a 

7 modification described in subsection 

8 (h)(2)(B)(i)(I) or a modification described in 

9 subsection (h)(2)(B)(i)(II); 

10 ‘‘(E) for any license granted under sub11 section (b)(1), grant of market access granted 

12 under subsection (c)(1), or covered authoriza13 tion, in a spectrum band with service rules that 

14 require a licensee of such a license, a grantee 

15 of such a grant, or an entity with a covered au16 thorization to share spectrum, specific actions 

17 taken by such a licensee, grantee, or entity with 

18 a covered authorization, or by any other entity 

19 that is authorized to use such shared spectrum, 

20 that constitute a failure to coordinate in good 

21 faith, including whether withholding from an22 other such licensee, grantee, entity with a cov23 ered authorization, or other entity information 

24 necessary to coordinate in good faith that it is 

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1 censee, grantee, entity with a covered authoriza2 tion, or other entity is such an action; 

3 ‘‘(F) for any license granted under sub4 section (b)(1) or grant of market access grant5 ed under subsection (c)(1), in a spectrum band 

6 with service rules that require a licensee of such 

7 a license or a grantee of such a grant to share 

8 spectrum (except with respect to the use of a 

9 gateway station), a quantifiable level of protec10 tion required under subsection (h)(4); 

11 ‘‘(G) rules that— 

12 ‘‘(i) clarify, for purposes of subsection 

13 (h)(1)(B), the protection from harmful in14 terference that, during the covered period, 

15 an entity with a covered authorization that 

16 was approved in a processing round is re17 quired to provide to any other entity with 

18 a covered authorization that was approved 

19 in an earlier processing round; and 

20 ‘‘(ii) seek to promote competition, in21 novation, and efficient use of spectrum by 

22 entities with covered authorizations, in23 cluding by accounting for advancements in 

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1 ference concerns to the greatest extent pos2 sible consistent with clause (i); and 

3 ‘‘(H) for any application or request for 

4 modification described in subsection (n), what 

5 constitutes reportable foreign ownership for 

6 purposes of paragraph (1) of such subsection. 

7 ‘‘(2) CONFLICT WITH INTERAGENCY STANDARD

8 PRACTICES.—In the rules issued pursuant to para9 graph (1)(A), or any successor rule, the Commission 

10 may not establish performance objectives that con11 flict with any standard practice adopted by the Sec12 retary of Commerce. 

13 ‘‘(b) APPLICATION FOR LICENSE.— 

14 ‘‘(1) NGSO DETERMINATION REQUIRED.—Ex15 cept as provided in paragraph (5) and subsection 

16 (m), not later than 1 year after the date on which 

17 the Commission issues a public notice of the accept18 ance for filing of a written application submitted to 

19 the Commission, the Commission shall make a deter20 mination whether to grant such application for a li21 cense for radiocommunication services using— 

22 ‘‘(A) a nongeostationary orbit space station 

23 or space stations; 

24 ‘‘(B) a blanket-licensed earth station or 

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1 stationary orbit space station or space stations; 

2 or 

3 ‘‘(C) a nongeostationary orbit space station 

4 or space stations and the blanket-licensed earth 

5 station or earth stations that will operate with 

6 the nongeostationary orbit space station or 

7 space stations. 

8 ‘‘(2) GSO DETERMINATION REQUIRED.—Except 

9 as provided in paragraph (5) and subsection (m), 

10 not later than 1 year after the date on which the 

11 Commission issues a public notice of the acceptance 

12 for filing of a written application submitted to the 

13 Commission, the Commission shall make a deter14 mination whether to grant such application for a li15 cense for radiocommunication services using— 

16 ‘‘(A) a geostationary orbit space station or 

17 space stations; 

18 ‘‘(B) a blanket-licensed earth station or 

19 earth stations that will operate with a geo20 stationary orbit space station or space stations; 

21 or 

22 ‘‘(C) a geostationary orbit space station or 

23 space stations and the blanket-licensed earth 

24 station or earth stations that will operate with 


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1 the geostationary orbit space station or space 

2 stations. 

3 ‘‘(3) CONTENTS OF APPLICATION.—In addition 

4 to the application requirements described in section 

5 308(b), an application submitted under paragraph 

6 (1) or (2) shall include the following: 

7 ‘‘(A) Performance metrics with respect to 

8 the frequencies and transmission power to be 

9 used. 

10 ‘‘(B) A demonstration of compliance by the 

11 applicant with the performance objectives estab12 lished under subsection (a)(1)(A). 

13 ‘‘(C) In the case of an application sub14 mitted under paragraph (1)— 

15 ‘‘(i) a description of compliance by the 

16 applicant with the actions established 

17 under subsection (a)(1)(E); and 

18 ‘‘(ii) a demonstration of compliance by 

19 the applicant with the quantifiable level of 

20 protection established under subsection 

21 (a)(1)(F). 

22 ‘‘(4) TERM OF INITIAL LICENSE.—The Com23 mission shall grant a license for a term not to exceed 

24 15 years for any application granted under this sub25 section. 


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1 ‘‘(5) EXCEPTIONS.—The deadline for the deter2 mination required in paragraphs (1), (2), and (6) 

3 may be extended by the Commission for an applica4 tion subject to review under subsection (n). 

5 ‘‘(6) TIMELY GRANT OF CERTAIN APPLICA6 TIONS.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 paragraph (5) and subsection (m), not later 

9 than 60 days after the date on which the Com10 mission issues a public notice of the acceptance 

11 for filing of a written application submitted to 

12 the Commission for a license described in para13 graph (1) with respect to which the applicant 

14 indicates in the application that the application 

15 meets the additional criteria described in sub16 paragraph (B), the Commission shall— 

17 ‘‘(i) determine whether such applica18 tion meets the additional criteria described 

19 in subparagraph (B); and 

20 ‘‘(ii) if the determination under clause 

21 (i) is affirmative, grant such application. 

22 ‘‘(B) CRITERIA DESCRIBED.—The addi23 tional criteria described in this subparagraph 

24 are as follows: 


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1 ‘‘(i) A limit on the number of space 

2 stations authorized by the license, as deter3 mined by the Commission. 

4 ‘‘(ii) A limit on the total in-orbit life5 time for any individual space station, as 

6 determined by the Commission. 

7 ‘‘(iii) For each space station, the fol8 lowing: 

9 ‘‘(I) A limit on the orbital alti10 tude at which the space station may 

11 operate, as determined by the Com12 mission. 

13 ‘‘(II) A requirement that the 

14 space station has a maneuverability 

15 capability and the ability to make col16 lision avoidance and deorbit maneu17 vers, as determined by the Commis18 sion. 

19 ‘‘(III) A requirement that the 

20 space station is identifiable by a 

21 unique signal-based telemetry marker 

22 that meets requirements issued by the 

23 Commission. 


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1 ‘‘(IV) A requirement that the 

2 space station releases no operational 

3 debris. 

4 ‘‘(V) A requirement that the 

5 space station can be commanded by 

6 command originating from the ground 

7 to immediately cease transmissions 

8 and the applicant has the capability to 

9 eliminate harmful interference when 

10 required by the Commission. 

11 ‘‘(iv) A requirement that the operator 

12 has assessed and limited the probability of 

13 an accidental explosion, including an explo14 sion that results from the conversion of en15 ergy sources on board any space station 

16 into energy that fragments the space sta17 tion. 

18 ‘‘(v) A limit on the probability of a 

19 collision between each space station and 

20 any other large object, as determined by 

21 the Commission. 

22 ‘‘(vi) A requirement that each space 

23 station is disposed of post-mission and the 

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1 posal meets requirements issued by the 

2 Commission. 

3 ‘‘(C) CRITERIA NOT MET.—If the deter4 mination under subparagraph (A)(i) with re5 spect to an application is negative, the Commis6 sion shall make a determination whether to 

7 grant such application under paragraph (1) by 

8 the deadline specified in such paragraph. 

9 ‘‘(D) EVASION.—An application does not 

10 meet the additional criteria described in sub11 paragraph (B) if the Commission determines 

12 that, taken together with any other application 

13 or applications submitted by the applicant 

14 under subparagraph (A) (including an applica15 tion that has been approved), such applications 

16 are submitted with the purpose of evading a 

17 negative determination with respect to such ad18 ditional criteria. 

19 ‘‘(E) RULE OF CONSTRUCTION.—For pur20 poses of this section (other than this para21 graph), any reference to an application sub22 mitted or granted or a license granted under 

23 paragraph (1) shall be construed to include an 

24 application submitted or granted or a license 


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1 granted (as the case may be) under subpara2 graph (A). 

3 ‘‘(F) IMPLEMENTATION.— 

4 ‘‘(i) IN GENERAL.—Not later than 60 

5 days after the date of the enactment of 

6 this section, the Commission shall— 

7 ‘‘(I) issue rules to implement this 

8 paragraph; or 

9 ‘‘(II) make the finding described 

10 in clause (ii). 

11 ‘‘(ii) FINDING DESCRIBED.—If the 

12 Commission finds that the rules of the 

13 Commission, as of the date of the enact14 ment of this section, satisfy the require15 ments in this paragraph, the Commission 

16 shall issue a public notice stating such 

17 finding. 

18 ‘‘(c) APPLICATION FOR GRANT OF MARKET AC19 CESS.— 

20 ‘‘(1) NGSO DETERMINATION REQUIRED.— 

21 After the date on which the Commission issues a 

22 public notice of the acceptance for filing of a written 

23 application submitted to the Commission, the Com24 mission shall make a determination whether to grant 


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1 such application for market access within the United 

2 States for radiocommunication services using— 

3 ‘‘(A) a nongeostationary orbit space station 

4 or space stations; or 

5 ‘‘(B) a nongeostationary orbit space sta6 tion or space stations and the blanket-licensed 

7 earth station or earth stations that will operate 

8 with the nongeostationary orbit space station or 

9 space stations. 

10 ‘‘(2) GSO DETERMINATION REQUIRED.—After 

11 the date on which the Commission issues a public 

12 notice of the acceptance for filing of a written appli13 cation submitted to the Commission, the Commis14 sion shall make a determination whether to grant 

15 such application for market access within the United 

16 States for radiocommunication services using a geo17 stationary orbit space station or space stations. 

18 ‘‘(3) CONTENTS OF APPLICATION.—In addition 

19 to the application requirements described in section 

20 308(b), an application submitted under paragraph 

21 (1) or (2) shall include the following: 

22 ‘‘(A) Performance metrics with respect to 

23 the frequencies and transmission power to be 

24 used. 


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1 ‘‘(B) A demonstration of compliance by the 

2 applicant with the performance objectives estab3 lished under subsection (a)(1)(A). 

4 ‘‘(C) In the case of an application sub5 mitted under paragraph (1)— 

6 ‘‘(i) a description of compliance by the 

7 applicant with the actions established 

8 under subsection (a)(1)(E); and 

9 ‘‘(ii) a demonstration of compliance by 

10 the applicant with the quantifiable level of 

11 protection established under subsection 

12 (a)(1)(F). 

13 ‘‘(4) TERM OF INITIAL GRANT OF MARKET AC14 CESS.—The Commission shall grant a grant of mar15 ket access for a term not to exceed 15 years for any 

16 application granted under this subsection. 

17 ‘‘(d) EARTH STATION AUTHORIZATION.— 

18 ‘‘(1) DETERMINATION REQUIRED FOR INDIVID19 UALLY LICENSED EARTH STATIONS.—Except as pro20 vided in paragraph (4) and subsection (m), not later 

21 than 1 year after the date on which the Commission 

22 issues a public notice of the acceptance for filing of 

23 a written application submitted to the Commission, 

24 the Commission shall make a determination whether 


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1 to grant such application for authorization to use an 

2 individually licensed earth station. 

3 ‘‘(2) DETERMINATION REQUIRED FOR RECEIVE4 ONLY EARTH STATIONS.—Except as provided in 

5 paragraph (4) and subsection (m), not later than 30 

6 days after the date on which the Commission issues 

7 a public notice of the acceptance for filing of a writ8 ten application submitted to the Commission, the 

9 Commission shall make a determination whether to 

10 grant such application for authorization to use an 

11 earth station or earth stations to receive a signal 

12 from— 

13 ‘‘(A) a nongeostationary orbit space station 

14 or space stations operated under a license 

15 granted under subsection (b)(1) or a grant of 

16 market access granted under subsection (c)(1); 

17 or 

18 ‘‘(B) a geostationary orbit space station or 

19 space stations operated under a license granted 

20 under subsection (b)(2) or a grant of market 

21 access granted under subsection (c)(2). 

22 ‘‘(3) DEEMED GRANTED.—If the Commission 

23 fails to grant or deny a written application sub24 mitted under paragraph (1) or (2) by the deadline 

25 for the determination required by such paragraph 


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1 (including any extension of such deadline under 

2 paragraph (4) or subsection (m)), the application 

3 shall be deemed granted on the date on which the 

4 Commission receives a written notice by the appli5 cant of the failure. 

6 ‘‘(4) EXCEPTION.—The deadline for the deter7 mination required by paragraph (1) or (2) may be 

8 extended by the Commission for an application sub9 ject to review under subsection (n). 

10 ‘‘(5) INAPPLICABILITY TO BLANKET-LICENSED

11 EARTH STATIONS.—This subsection does not apply 

12 with respect to an earth station or earth stations to 

13 the extent that the earth station or earth stations 

14 will be blanket-licensed with a space station or space 

15 stations as described in subsection (b)(1)(B), 

16 (b)(1)(C), (b)(2)(B), (b)(2)(C), or (c)(1)(B). 

17 ‘‘(e) DETERMINATION OF PUBLIC INTEREST, CON18 VENIENCE, AND NECESSITY.—The Commission may not 

19 make a determination to grant an application, renewal, or 

20 modification under subsection (b), (c), (d), (f), or (g) (as 

21 the case may be) unless— 

22 ‘‘(1) except in the case of a modification under 

23 subsection (g)(2), the Commission determines that 

24 the license, grant, or authorization (as the case may 


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1 be) serves the public interest, convenience, and ne2 cessity; and 

3 ‘‘(2) the Commission determines that— 

4 ‘‘(A) in the case of a licensee or grantee to 

5 which subsection (h)(4) applies— 

6 ‘‘(i) in the case of an application, ex7 cept in accordance with a coordination 

8 agreement, the licensee or grantee will not, 

9 during the term of the license or grant, ex10 ceed the quantifiable level of protection es11 tablished in subsection (h)(4) in operating 

12 under the license or grant; 

13 ‘‘(ii) in the case of a renewal, except 

14 in accordance with a coordination agree15 ment, the licensee or grantee has not ex16 ceeded, during the preceding term of the li17 cense or grant, and will not exceed, during 

18 the term of the renewal of the license or 

19 grant, the quantifiable level of protection 

20 established in subsection (h)(4) in oper21 ating under the license or grant; and 

22 ‘‘(iii) in the case of a modification, ex23 cept in accordance with a coordination 

24 agreement, the licensee or grantee has not 

25 exceeded, during the portion of the term of 


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1 the license or grant preceding the deter2 mination, and will not exceed, during the 

3 remainder of such term, the quantifiable 

4 level of protection established in subsection 

5 (h)(4) in operating under the license or 

6 grant; and 

7 ‘‘(B) in the case of a licensee or grantee 

8 that is required to protect radio astronomy ob9 servatories by the International Telecommuni10 cation Union, the application, request for re11 newal, or request for modification demonstrates 

12 that the licensee or grantee will provide such 

13 protection in operating under the license or 

14 grant. 

15 ‘‘(f) RENEWAL OF LICENSE, GRANT OF MARKET AC16 CESS, OR AUTHORIZATION.— 

17 ‘‘(1) IN GENERAL.—Except as provided in sec18 tion 309(k)(2), the Commission shall grant a re19 newal for a license granted under subsection (b), a 

20 grant of market access granted under subsection (c), 

21 or an authorization granted under subsection (d), 

22 upon request by the licensee, grantee, or entity with 

23 such authorization (as the case may be), for a term 

24 not to exceed the length of the initial term beginning 

25 the day after the date on which the preceding term 


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1 of the license, grant of market access, or authoriza2 tion expires, if the Commission determines the re3 quirements under subsection (e) and section 309(k) 

4 have been met. 

5 ‘‘(2) DEADLINE FOR DETERMINATION.—Except 

6 as provided in subsection (m), not later than 180 

7 days after the date on which the Commission re8 ceives a request for renewal of a license granted 

9 under subsection (b), a grant of market access 

10 granted under subsection (c), or an authorization 

11 granted under subsection (d), the Commission 

12 shall— 

13 ‘‘(A) grant such renewal; or 

14 ‘‘(B) make the determination described in 

15 section 309(k)(3) and deny such renewal. 

16 ‘‘(g) MODIFICATION OF LICENSE; GRANT OF MAR17 KET ACCESS.— 

18 ‘‘(1) MAJOR MODIFICATIONS.—Except as pro19 vided in paragraphs (2), (3), (5), and (6) and sub20 section (m), and not later than 1 year after the date 

21 on which the Commission receives a request to mod22 ify a license granted under subsection (b)(1), the 

23 Commission shall grant the request if the Commis24 sion determines the modification meets the require25 ments under subsection (e). Except as provided in 


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1 paragraphs (2), (3), and (5), the Commission may 

2 grant a request to modify a license granted under 

3 subsection (b)(2) or a grant of market access grant4 ed under subsection (c) if the Commission deter5 mines the modification meets the requirements 

6 under subsection (e). 

7 ‘‘(2) EXPEDITED TREATMENT FOR MINOR

8 MODIFICATIONS.— 

9 ‘‘(A) NGSO LICENSE MODIFICATIONS.— 

10 Except as provided in paragraphs (3), (5), and 

11 (6) and subsection (m), the Commission shall 

12 grant a request made by a licensee to modify a 

13 license granted under subsection (b)(1) not 

14 later than 90 days after the date on which the 

15 Commission receives the request to modify if— 

16 ‘‘(i) the Commission determines that 

17 the modification or modifications meet the 

18 requirements (if applicable) under subpara19 graphs (A) and (B) of subsection (e)(2); 

20 and 

21 ‘‘(ii) the request is limited only to 

22 modifications, or a class of modifications, 

23 that— 

24 ‘‘(I) increase transmission capac25 ity; 


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1 ‘‘(II) improve spectral efficiency, 

2 such as by improving compression 

3 technologies; 

4 ‘‘(III) improve the orbital vari5 ance efficiency of the space station (or 

6 space stations, considered collectively, 

7 if there is more than one such space 

8 station) authorized by the license; or 

9 ‘‘(IV) otherwise do not substan10 tially modify the space station (or 

11 space stations, considered collectively, 

12 if there is more than one such space 

13 station) authorized by the license. 

14 ‘‘(B) GSO LICENSE MODIFICATIONS.—Ex15 cept as provided in paragraphs (3), (5), and (6) 

16 and subsection (m), the Commission shall grant 

17 a request made by a licensee to modify a license 

18 granted under subsection (b)(2) not later than 

19 90 days after the date on which the Commis20 sion receives the request to modify if— 

21 ‘‘(i) the Commission determines that 

22 the modification or modifications meet the 

23 requirements (if applicable) under sub24 section (e)(2)(B); and 


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1 ‘‘(ii) the request is limited only to 

2 modifications, or a class of modifications, 

3 that— 

4 ‘‘(I) increase transmission capac5 ity; 

6 ‘‘(II) improve spectral efficiency, 

7 such as by improving compression 

8 technologies; or 

9 ‘‘(III) otherwise do not substan10 tially modify the space station (or 

11 space stations, considered collectively, 

12 if there is more than one such space 

13 station) authorized by the license. 

14 ‘‘(C) DEEMED GRANTED.—If the Commis15 sion fails to grant a request made by a licensee 

16 under subparagraph (A) or (B) by the deadline 

17 specified in such subparagraph (including any 

18 extension of such deadline under paragraph (6) 

19 or subsection (m)), the request shall be deemed 

20 granted on the date on which the Commission 

21 receives a written notice by the licensee of the 

22 failure. 

23 ‘‘(3) EMERGENCY GRANT, RENEWAL, OR MODI24 FICATION.—If the Commission finds that there are 

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1 erations in the public interest and that delay in the 

2 institution of such temporary operations would seri3 ously prejudice the public interest, the Commis4 sion— 

5 ‘‘(A) may grant a license described in sub6 section (b), a grant of market access described 

7 in subsection (c), or an authorization described 

8 in subsection (d), a modification of such a li9 cense, grant of market access, or authorization, 

10 or renewal of such a license, grant of market 

11 access, or authorization for a period not to ex12 ceed 180 days in a manner and upon the terms 

13 the Commission shall by rule prescribe in the 

14 case of an emergency found by the Commission 

15 involving— 

16 ‘‘(i) danger to life or property; or 

17 ‘‘(ii) an action that is necessary for 

18 the national defense or security of the 

19 United States; 

20 ‘‘(B) shall include with a grant made 

21 under this paragraph a statement of the rea22 sons of the Commission for making such grant; 

23 ‘‘(C) may extend a grant made under this 

24 paragraph for periods not to exceed 180 days; 

25 and 


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1 ‘‘(D) shall give expeditious treatment to 

2 any timely filed petition to deny such applica3 tion and to any petition for rehearing of such 

4 grant filed under section 405. 

5 ‘‘(4) EXCLUSION.—Paragraph (2) shall not 

6 apply to a request to modify a license for— 

7 ‘‘(A) the addition of an ancillary terrestrial 

8 component; or 

9 ‘‘(B) modifying the service offered under 

10 the initial license granted under subsection (b) 

11 between fixed satellite service and mobile sat12 ellite service. 

13 ‘‘(5) AUTOMATIC GRANT OF CERTAIN MODI14 FICATIONS.—Upon notification to the Commission, 

15 the Commission may automatically grant a request 

16 to modify a license granted under subsection (b), a 

17 grant of market access granted under subsection (c), 

18 an authorization granted under subsection (d), or a 

19 covered authorization, to replace— 

20 ‘‘(A) one space station (or component of 

21 such space station) with a technically similar 

22 space station (or component of such space sta23 tion) previously approved by the Commission; or 

24 ‘‘(B) one earth station (or component of 

25 such earth station) with a technically similar 


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1 earth station (or component of such earth sta2 tion) previously approved by the Commission. 

3 ‘‘(6) EXCEPTIONS.—The deadlines under para4 graphs (1) and (2) may be extended by the Commis5 sion for a request subject to review under subsection 

6 (n). 

7 ‘‘(h) SHARED SPECTRUM; PROTECTION FROM HARM8 FUL INTERFERENCE.— 

9 ‘‘(1) GRANDFATHERED TREATMENT AND SUN10 SET OF CERTAIN AUTHORIZATIONS.—For the dura11 tion of the covered period— 

12 ‘‘(A) a covered authorization shall not be 

13 treated as being granted under subsection 

14 (b)(1) or subsection (c)(1) (as the case may be); 

15 and 

16 ‘‘(B) an entity with a covered authoriza17 tion shall be afforded, and shall afford to any 

18 other entity with a covered authorization, pro19 tection from harmful interference that is con20 sistent with the terms of such protection af21 forded before the date of the enactment of this 

22 section. 

23 ‘‘(2) TRANSITIONAL RULES.— 

24 ‘‘(A) RENEWAL UNDER THIS SECTION.— 

25 An entity with a covered authorization may, at 


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1 any time before the end of the covered period, 

2 seek renewal of the covered authorization under 

3 subsection (f) as if the covered authorization 

4 were a license granted under subsection (b)(1) 

5 or a grant of market access granted under sub6 section (c)(1) (as the case may be). If the Com7 mission grants the renewal, the renewal shall be 

8 treated as a renewal of a license granted under 

9 subsection (b)(1) or a grant of market access 

10 granted under subsection (c)(1) (as the case 

11 may be). 

12 ‘‘(B) MODIFICATION.— 

13 ‘‘(i) INDICATION OF TYPE OF MODI14 FICATION SOUGHT.—If an entity with a 

15 covered authorization submits to the Com16 mission a request to modify the covered 

17 authorization, the entity shall indicate in 

18 the request whether the entity is seeking— 

19 ‘‘(I) a modification of the covered 

20 authorization under the law and regu21 lations applicable to the covered au22 thorization; or 

23 ‘‘(II) a modification of the cov24 ered authorization under subsection 

25 (g) as if the covered authorization 


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1 were a license granted under sub2 section (b)(1) or a grant of market 

3 access granted under subsection (c)(1) 

4 (as the case may be). 

5 ‘‘(ii) TREATMENT.—If the Commis6 sion grants a request to modify a covered 

7 authorization— 

8 ‘‘(I) in the case of a request for 

9 a modification described in clause 

10 (i)(I), the covered authorization as 

11 modified shall continue to be treated 

12 as described in paragraph (1)(A) and 

13 the entity with the covered authoriza14 tion shall, with respect to the covered 

15 authorization, continue to be afforded, 

16 and to afford to any other entity with 

17 a covered authorization, the protection 

18 described in paragraph (1)(B); and 

19 ‘‘(II) in the case of a request for 

20 a modification described in clause 

21 (i)(II), the covered authorization as 

22 modified shall be treated as a license 

23 granted under subsection (b)(1) or a 

24 grant of market access granted under 

25 subsection (c)(1) (as the case may be) 


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1 with respect to which a request to 

2 modify has been granted under sub3 section (g). 

4 ‘‘(3) GOOD FAITH COORDINATION OF SHARED

5 SPECTRUM.—Not later than the date on which the 

6 rules issued pursuant to subsection (a) take effect— 

7 ‘‘(A) a licensee of a license granted under 

8 subsection (b)(1), a grantee of a grant of mar9 ket access granted under subsection (c)(1), or 

10 an entity with a covered authorization, in a 

11 spectrum band with service rules that require 

12 such a licensee, grantee, or entity to share spec13 trum, shall make a good faith effort to coordi14 nate the use of such shared spectrum (including 

15 the use of such shared spectrum by an individ16 ually licensed earth station) with any other such 

17 licensee, grantee, or entity with a covered au18 thorization and any other entity that is author19 ized to use such shared spectrum; and 

20 ‘‘(B) any other entity that is authorized to 

21 use such shared spectrum shall make a good 

22 faith effort to coordinate the use of such shared 

23 spectrum with any such licensee, grantee, or en24 tity with a covered authorization. 


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1 ‘‘(4) PROTECTION FROM HARMFUL INTER2 FERENCE.—Not later than the date on which the 

3 rules issued pursuant to subsection (a) take effect, 

4 for any spectrum band in which the Commission 

5 grants a license under subsection (b)(1) or a grant 

6 of market access under subsection (c)(1) and for 

7 which the service rules require such a licensee or 

8 grantee to share spectrum (except with respect to 

9 the use of a gateway station), the Commission shall 

10 establish a quantifiable level of protection that (ex11 cept with respect to the use of a gateway station) 

12 such a licensee or grantee shall afford to any other 

13 entity (including an entity with a covered authoriza14 tion but not including a licensee of a license granted 

15 under subsection (b)(2) or a grantee of a grant of 

16 market access granted under subsection (c)(2)) that 

17 is authorized to use such shared spectrum. 

18 ‘‘(5) CONSIDERATION REQUIRED.—When estab19 lishing the quantifiable level of protection described 

20 in paragraph (4), the Commission shall, with respect 

21 to the entities to which the quantifiable level of pro22 tection is required under such paragraph to be af23 forded— 

24 ‘‘(A) consider protection of such entities 

25 based on a degraded throughput methodology, 


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1 requiring that, except in accordance with a co2 ordination agreement, a licensee of a license 

3 granted under subsection (b)(1) or a grantee of 

4 a grant of market access granted under sub5 section (c)(1) may cause no more than a certain 

6 percentage increase in the link unavailability of 

7 such an entity and may reduce the throughput 

8 of such an entity by no more than a certain 

9 percentage; 

10 ‘‘(B) consider protection of such entities 

11 from interference beyond a permissible inter12 ference-to-noise ratio, or whether interference13 to-noise alone provides a sufficient level of pro14 tection; and 

15 ‘‘(C) consider protection of such entities 

16 from harmful interference by awarding a great17 er share of spectrum during in-line events to 

18 earlier-filed systems. 

19 ‘‘(6) RELATION TO ITU RADIO REGULATIONS.— 

20 Nothing in this subsection shall be construed to re21 quire the Commission to adopt rules regarding the 

22 use of spectrum that contravene a requirement of 

23 the radio regulations of the International Tele24 communication Union. 


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1 ‘‘(7) RULE OF CONSTRUCTION.—An entity with 

2 a covered authorization shall not be required to sub3 mit additional information in order to retain such 

4 authorization, nor shall paragraph (1) affect any ob5 ligation of such entity under applicable law or regu6 lation until the end of the covered period. 

7 ‘‘(i) STATE PREEMPTION OF MARKET ENTRY; 

8 RATES.—Notwithstanding any other provision of law, no 

9 State or local government shall have any authority to reg10 ulate the entry of or the rates charged by an applicant 

11 or licensee related to a license granted under subsection 

12 (b), an applicant or grantee related to a grant of market 

13 access granted under subsection (c), or an applicant or 

14 entity related to an authorization granted under sub15 section (d), except that this subsection shall not prohibit 

16 a State from regulating the other terms and conditions 

17 of such a licensee, grantee, or entity. 

18 ‘‘(j) REGULATORY RESTRAINT.— 

19 ‘‘(1) LIMITATION ON INFORMATION REQUIRED

20 TO BE PROVIDED.—In performing any act, making 

21 any rule or regulation, or issuing any order nec22 essary to carry out this section, the Commission— 

23 ‘‘(A) shall limit the information required to 

24 be furnished to the Commission; 


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1 ‘‘(B) shall demonstrate the Commission 

2 has taken every reasonable step to limit the in3 formation required to be furnished to the Com4 mission; 

5 ‘‘(C) may not require, with respect to an 

6 application under subsection (b), (c), or (d), a 

7 request for renewal under subsection (f), or a 

8 request for modification under subsection (g), 

9 the filing of any information which previously 

10 has been furnished to the Commission or which 

11 is not directly material to the considerations 

12 that affect the granting or denial of such appli13 cation or request (but the Commission may re14 quire any new or additional facts the Commis15 sion deems necessary to make its findings); and 

16 ‘‘(D) may not request additional informa17 tion regarding the performance objectives estab18 lished under subsection (a)(1)(A) for any case 

19 in which an applicant has demonstrated compli20 ance with such performance objectives. 

21 ‘‘(2) DEADLINE FOR PETITION DETERMINA22 TION.—If an applicant for a license or a licensee 

23 under subsection (b) files a petition under part 1 of 

24 title 47, Code of Federal Regulations (or any suc25 cessor regulation) relating to information required to 


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1 be furnished to the Commission under this section, 

2 the Commission shall grant or deny the petition 

3 within 90 days after the date on which the petition 

4 is filed. 

5 ‘‘(k) RELATION TO EXPERIMENTAL AND AMATEUR

6 USES.—This section shall not apply to any Commission 

7 authorization in— 

8 ‘‘(1) the experimental radio service; or 

9 ‘‘(2) the amateur radio service. 

10 ‘‘(l) COMPLETENESS.— 

11 ‘‘(1) IN GENERAL.—Not later than 20 business 

12 days after receiving a written application submitted 

13 under subsection (b), (c), or (d), the Commission 

14 shall— 

15 ‘‘(A) determine whether— 

16 ‘‘(i) such application contains— 

17 ‘‘(I) in the case of an application 

18 submitted under subsection (b), all of 

19 the information required to be sub20 mitted with the application under sub21 section (b)(3) and the first sentence of 

22 section 308(b); 

23 ‘‘(II) in the case of an applica24 tion submitted under subsection (c), 

25 all of the information required to be 


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1 submitted with the application under 

2 subsection (c)(3) and the first sen3 tence of section 308(b); or 

4 ‘‘(III) in the case of an applica5 tion submitted under subsection (d), 

6 all of the information required to be 

7 submitted with the application under 

8 the first sentence of section 308(b); 

9 and 

10 ‘‘(ii) the applicant has paid the fee (if 

11 any) required under section 8 in connec12 tion with the application; and 

13 ‘‘(B) either— 

14 ‘‘(i) if both determinations under sub15 paragraph (A) are in the affirmative, issue 

16 a public notice of the acceptance for filing 

17 of such application; or 

18 ‘‘(ii) if either determination under 

19 subparagraph (A) is in the negative, pro20 vide notice to the applicant of the negative 

21 determination, including what information 

22 that was required to be submitted was not 

23 submitted or the amount of the application 

24 fee due, or both (as the case may be). 


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1 ‘‘(2) INACTION BY COMMISSION.—If the Com2 mission does not comply with paragraph (1) with re3 spect to an application by the deadline specified in 

4 such paragraph, the Commission shall be deemed for 

5 purposes of subsection (b), (c), or (d) (as the case 

6 may be) to have issued a public notice of the accept7 ance for filing of such application on the date that 

8 is 21 business days after the date on which such ap9 plication was received. 

10 ‘‘(3) LIMITATION.—In making a determination 

11 under paragraph (1)(A)(i), the Commission may 

12 only consider whether the application contains the 

13 information described in subclause (I), (II), or (III) 

14 (as the case may be) of such paragraph and may not 

15 consider whether the information is sufficient to 

16 allow the Commission to grant or deny the applica17 tion. 

18 ‘‘(m) TOLLING.— 

19 ‘‘(1) IN GENERAL.—Except as provided in sub20 sections (b)(5), (d)(4), and (g)(6), with respect to an 

21 application for a license under subsection (b) or an 

22 authorization under subsection (d), or a request for 

23 renewal under subsection (f) or modification under 

24 subsection (g) of a license granted under subsection 

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1 section (c), or an authorization granted under sub2 section (d), the Commission may extend the deadline 

3 under subsection (b), (d), (f), or (g) (as the case 

4 may be) for consideration of the application or re5 quest only if the Commission— 

6 ‘‘(A) finds that there are extraordinary cir7 cumstances requiring additional time for consid8 eration of the application or request such that, 

9 if the deadline were not extended, the public in10 terest would be seriously prejudiced; and 

11 ‘‘(B) issues a public notice of the finding 

12 described in subparagraph (A) that states— 

13 ‘‘(i) the reasons of the Commission for 

14 the extension; and 

15 ‘‘(ii) the length of the period of the 

16 extension. 

17 ‘‘(2) LENGTH.—The Commission may not grant 

18 an extension of a deadline under paragraph (1) for 

19 a period that exceeds 90 days but may grant 1 or 

20 more additional extensions of such deadline under 

21 such paragraph, if the Commission makes the find22 ing and issues the public notice required by such 

23 paragraph with respect to any such additional exten24 sion. 


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1 ‘‘(n) REVIEW FOR NATIONAL SECURITY AND LAW

2 ENFORCEMENT CONCERNS.— 

3 ‘‘(1) REVIEW REQUIRED FOR ENTITIES WITH

4 REPORTABLE FOREIGN OWNERSHIP.—In the case of 

5 an application under subsection (b), (c), or (d), a re6 quest for modification under subsection (g), or a re7 quest for modification of a covered authorization 

8 that is submitted by an entity that the Commission 

9 determines to have reportable foreign ownership, the 

10 Commission shall refer such application or request 

11 to the Committee for the Assessment of Foreign 

12 Participation in the United States Telecommuni13 cations Services Sector established by Executive 

14 Order No. 13913 (85 Fed. Reg. 19643) (in this sub15 section referred to as the ‘Committee’) for review of 

16 national security and law enforcement concerns that 

17 may be raised by such application or request. 

18 ‘‘(2) REVIEW AT DISCRETION OF COMMIS19 SION.—In addition to the applications and requests 

20 that the Commission is required to refer to the Com21 mittee under paragraph (1), the Commission may, in 

22 the discretion of the Commission, refer any other ap23 plication under subsection (b), (c), or (d), request 

24 for modification under subsection (g), or request for 

25 modification of a covered authorization to the ComVerDate Sep 11 2014 03:22 Mar 17, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338

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1 mittee for review of national security and law en2 forcement concerns that may be raised by such ap3 plication or request. 

4 ‘‘(o) CLARIFICATION RELATING TO SHARED SPEC5 TRUM.— 

6 ‘‘(1) IN GENERAL.—For purposes of this sec7 tion— 

8 ‘‘(A) spectrum shall only be treated as 

9 being shared if more than 1 entity described in 

10 paragraph (2) is authorized to use the same 

11 frequencies of such spectrum; and 

12 ‘‘(B) the spectrum between the frequencies 

13 of 1617.775 megahertz and 1618.725 mega14 hertz, inclusive, shall not be treated as being 

15 shared. 

16 ‘‘(2) ENTITY DESCRIBED.—The entities de17 scribed in this paragraph are the following: 

18 ‘‘(A) A licensee of a license granted under 

19 subsection (b)(1). 

20 ‘‘(B) A grantee of a grant of market access 

21 granted under subsection (c)(1). 

22 ‘‘(C) An entity with a covered authoriza23 tion. 

24 ‘‘(p) DEFINITIONS.—In this section: 


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1 ‘‘(1) COVERED APPLICATION.— The term ‘cov2 ered application’ means an application for a license 

3 or grant of market access to operate a system de4 scribed in subparagraph (A), (B), or (C) of sub5 section (b)(1) or subparagraph (A) or (B) of sub6 section (c)(1) in a processing round established be7 fore December 31, 2022, that is pending on the date 

8 of the enactment of this section. 

9 ‘‘(2) COVERED AUTHORIZATION.—The term 

10 ‘covered authorization’ means— 

11 ‘‘(A) a license or grant of market access 

12 granted by the Commission to operate a system 

13 described in subparagraph (A), (B), or (C) of 

14 subsection (b)(1) or subparagraph (A) or (B) of 

15 subsection (c)(1) in a processing round estab16 lished before December 31, 2022; or 

17 ‘‘(B) a license or grant of market access 

18 granted by Commission approval of a covered 

19 application. 

20 ‘‘(3) COVERED PERIOD.—The term ‘covered pe21 riod’ means, with respect to a covered authorization, 

22 the period of time that begins on the date of the en23 actment of this section and ends on the earliest of— 

24 ‘‘(A) the date on which the covered author25 ization expires; 


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1 ‘‘(B) the date that is 15 years after such 

2 date of enactment; 

3 ‘‘(C) the date on which the Commission de4 termines that the licensee or grantee (as the 

5 case may be) has not either— 

6 ‘‘(i) deployed a level of service com7 mensurate with the terms of the license or 

8 grant of market access; or 

9 ‘‘(ii) otherwise demonstrated progress 

10 and investment consistent with the deploy11 ment obligations under the license or grant 

12 of market access; 

13 ‘‘(D) the date on which the Commission 

14 grants a request to renew the covered author15 ization; or 

16 ‘‘(E) the date on which the Commission 

17 grants a request for a modification of the cov18 ered authorization described in subsection 

19 (h)(2)(B)(i)(II). 

20 ‘‘(4) GATEWAY STATION.—The term ‘gateway 

21 station’ means an earth station or a group of earth 

22 stations that— 

23 ‘‘(A) supports the routing and switching 

24 functions of a system operated under a license 


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1 granted under subsection (b) or a grant of mar2 ket access granted under subsection (c); 

3 ‘‘(B) may also be used for telemetry, track4 ing, and command transmissions; 

5 ‘‘(C) does not originate or terminate com6 munication traffic; and 

7 ‘‘(D) is not for the exclusive use of any 

8 customer. 

9 ‘‘(5) INDIVIDUALLY LICENSED EARTH STA10 TION.—The term ‘individually licensed earth station’ 

11 means— 

12 ‘‘(A) an earth station that sends a signal 

13 to, and receives a signal from— 

14 ‘‘(i) a nongeostationary orbit space 

15 station or space stations operated under a 

16 license granted under subsection (b)(1) or 

17 a grant of market access granted under 

18 subsection (c)(1); or 

19 ‘‘(ii) a geostationary orbit space sta20 tion or space stations operated under a li21 cense granted under subsection (b)(2) or a 

22 grant of market access granted under sub23 section (c)(2); or 

24 ‘‘(B) a gateway station. 


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1 ‘‘(6) ORBITAL VARIANCE EFFICIENCY.—The 

2 term ‘orbital variance efficiency’ means the mean of 

3 the distance between the actual altitude of each 

4 space station and the authorized altitude for each 

5 space station authorized under subsection (b)(1). 

6 ‘‘(7) RADIOCOMMUNICATION SERVICE.—The 

7 term ‘radiocommunication service’ has the meaning 

8 given such term in the radio regulations of the 

9 International Telecommunication Union that are in 

10 force as of the date of the enactment of this section 

11 (or any successor to such regulations).’’. 

12 (b) RELATION TO OTHER LAW AMENDMENTS.—The 

13 Communications Act of 1934 (47 U.S.C. 151 et seq.) is 

14 amended— 

15 (1) in section 309(j)(2)— 

16 (A) in subparagraph (B), by striking ‘‘; 

17 or’’ and inserting a semicolon; 

18 (B) by redesignating subparagraph (C) as 

19 subparagraph (D); and 

20 (C) by inserting after subparagraph (B) 

21 the following new subparagraph: 

22 ‘‘(C) for licenses, grants of market access, 

23 or authorizations granted under section 346; 

24 or’’; and 

25 (2) in section 309(k)— 


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1 (A) in the heading, by striking ‘‘BROAD2 CAST STATION RENEWAL PROCEDURES’’ and 

3 inserting ‘‘RENEWAL PROCEDURES FOR CER4 TAIN AUTHORIZATIONS’’; 

5 (B) in paragraph (1)— 

6 (i) in the matter preceding subpara7 graph (A)— 

8 (I) by inserting ‘‘, the licensee of 

9 a license granted under section 

10 346(b), the grantee of a grant of mar11 ket access granted under section 

12 346(c), or an entity with authoriza13 tion granted under section 346(d),’’ 

14 after ‘‘broadcast station’’; 

15 (II) by inserting ‘‘, grant, or au16 thorization’’ after ‘‘such license’’; 

17 (III) by striking ‘‘that station’’ 

18 and inserting ‘‘that licensee, grantee, 

19 or entity’’; and 

20 (IV) by inserting ‘‘, grant of 

21 market access, or authorization’’ after 

22 ‘‘its license’’; 

23 (ii) in subparagraph (A), by striking 

24 ‘‘the station’’ and inserting ‘‘in the case of 

25 a broadcast station, the station’’; 


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1 (iii) by redesignating subparagraphs 

2 (B) and (C) as subparagraphs (C) and 

3 (D), respectively; 

4 (iv) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) in the case of a licensee of a license 

7 granted under section 346(b), a grantee of a 

8 grant of market access granted under section 

9 346(c), or an entity with authorization granted 

10 under section 346(d), the licensee, grantee, or 

11 entity has met the requirements of section 

12 346(e);’’; 

13 (v) in subparagraph (C), as so redes14 ignated, by inserting ‘‘, grantee, or entity’’ 

15 after ‘‘licensee’’; and 

16 (vi) in subparagraph (D), as so redes17 ignated, by inserting ‘‘, grantee, or entity’’ 

18 after ‘‘licensee’’; 

19 (C) in paragraph (2), by inserting ‘‘, or the 

20 licensee of a license granted under section 

21 346(b), the grantee of a grant of market access 

22 granted under section 346(c), or an entity with 

23 authorization granted under section 346(d),’’ 

24 after ‘‘broadcast station’’; 

25 (D) in paragraph (3)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘of a broadcast 

3 station, a licensee of a license granted 

4 under section 346(b), a grantee of a grant 

5 of market access granted under section 

6 346(c), or an entity with authorization 

7 granted under section 346(d)’’ after ‘‘that 

8 a licensee’’; 

9 (ii) in subparagraph (A)— 

10 (I) by inserting ‘‘, grantee, or en11 tity’’ after ‘‘licensee’’; and 

12 (II) by inserting ‘‘or 346’’ after 

13 ‘‘section 308’’; and 

14 (iii) in subparagraph (B), by striking 

15 ‘‘former licensee’’ and inserting ‘‘former li16 censee of a broadcast station or such appli17 cations for a license, grant of market ac18 cess, or authorization as may be filed 

19 under section 346(b), 346(c), or 346(d) 

20 specifying the information of the former li21 censee, grantee, or entity’’; and 

22 (E) in paragraph (4), by inserting ‘‘, grant 

23 of market access, or authorization’’ after ‘‘li24 cense’’. 


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1 (c) APPLICABILITY.—The requirements in the 

2 amendments made by this section apply with respect to 

3 any application submitted under subsection (b), (c), or (d) 

4 of section 346 of the Communications Act of 1934 and 

5 any request for renewal or modification submitted under 

6 such section, as added by subsection (a), on or after the 

7 date of the enactment of this Act. 

Æ 


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