a gateway station) such a licensee or grantee 
shall afford to any other entity (including an en-
tity with a covered authorization but not includ-
ing a licensee of a license granted under sub-
section (b)(2) or a grantee of a grant of market 
access granted under subsection (c)(2)) that is 
authorized to use such frequencies. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply with respect to— 
‘‘(i) the spectrum between the fre-
quencies 
of 
1617.775 
megahertz 
and 
1618.725 megahertz, inclusive; or 
‘‘(ii) any spectrum band allocated for 
the earth exploration satellite service. 
‘‘(5) CONSIDERATION
REQUIRED.—When estab-
lishing the quantifiable level of protection described in 
paragraph (4), the Commission shall, with respect to 
the entities to which the quantifiable level of protec-
tion is required under such paragraph to be af-
forded— 
‘‘(A) consider protection of such entities 
based on a degraded throughput methodology, re-
quiring that, except in accordance with a coordi-
nation agreement, a licensee of a license granted 
under subsection (b)(1) or a grantee of a grant 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
of market access granted under subsection (c)(1) 
may cause no more than a certain percentage in-
crease in the link unavailability of such an enti-
ty and may reduce the throughput of such an en-
tity by no more than a certain percentage; 
‘‘(B) consider protection of such entities 
from interference beyond a permissible inter-
ference-to-noise ratio, or whether interference-to- 
noise alone provides a sufficient level of protec-
tion; and 
‘‘(C) consider protection of such entities 
from harmful interference by awarding a greater 
share of spectrum during in-line events to ear-
lier-filed systems. 
‘‘(6) RELATION TO ITU RADIO REGULATIONS.— 
Nothing in this subsection shall be construed to re-
quire the Commission to adopt rules regarding the use 
of spectrum that contravene a requirement of the 
radio regulations of the International Telecommuni-
cation Union. 
‘‘(7) RULE OF CONSTRUCTION.—An entity with 
a covered authorization shall not be required to sub-
mit additional information in order to retain such 
authorization, nor shall paragraph (1)(A) affect any 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
obligation of such entity under applicable law or reg-
ulation until the end of the covered period. 
‘‘(i) STATE
PREEMPTION
OF
MARKET
ENTRY; 
RATES.—Notwithstanding any other provision of law, no 
State or local government shall have any authority to regu-
late 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 re-
lated to an authorization granted under subsection (d), ex-
cept that this subsection shall not prohibit a State from reg-
ulating the other terms and conditions of such a licensee, 
grantee, or entity. 
‘‘(j) REGULATORY RESTRAINT.— 
‘‘(1) LIMITATION ON INFORMATION REQUIRED TO 
BE PROVIDED.—In performing any act, making any 
rule or regulation, or issuing any order necessary to 
carry out this section, the Commission— 
‘‘(A) shall limit the information required to 
be furnished to the Commission; 
‘‘(B) shall demonstrate the Commission has 
taken every reasonable step to limit the informa-
tion required to be furnished to the Commission; 
‘‘(C) may not require, with respect to an 
application under subsection (b), (c), or (d), a 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
request for renewal under subsection (f), or a re-
quest for modification under subsection (g), the 
filing of any information which previously has 
been furnished to the Commission or which is 
not directly material to the considerations that 
affect the granting or denial of such application 
or request (but the Commission may require any 
new or additional facts the Commission deems 
necessary to make its findings); and 
‘‘(D) may not request additional informa-
tion regarding the performance objectives estab-
lished under subsection (a)(1)(A) for any case in 
which an applicant has demonstrated compli-
ance with such performance objectives. 
‘‘(2) DEADLINE
FOR
PETITION
DETERMINA-
TION.—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 suc-
cessor regulation) relating to information required to 
be furnished to the Commission under this section, the 
Commission shall grant or deny the petition within 
90 days after the date on which the petition is filed. 
‘‘(k) RELATION
TO EXPERIMENTAL
AND AMATEUR 
USES.—This section shall not apply to any Commission 
authorization in— 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) the experimental radio service; or 
‘‘(2) the amateur radio service. 
‘‘(l) COMPLETENESS.— 
‘‘(1) IN GENERAL.—Not later than 20 business 
days after receiving a written application submitted 
under subsection (b), (c), or (d), the Commission 
shall— 
‘‘(A) determine whether— 
‘‘(i) such application contains— 
‘‘(I) in the case of an application 
submitted under subsection (b), all of 
the information required to be sub-
mitted with the application under sub-
section (b)(3) and the first sentence of 
section 308(b); 
‘‘(II) in the case of an application 
submitted under subsection (c), all of 
the information required to be sub-
mitted with the application under sub-
section (c)(3) and the first sentence of 
section 308(b); or 
‘‘(III) in the case of an applica-
tion submitted under subsection (d), all 
of the information required to be sub-
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
mitted with the application under the 
first sentence of section 308(b); and 
‘‘(ii) the applicant has paid the fee (if 
any) required under section 8 in connection 
with the application; and 
‘‘(B) either— 
‘‘(i) if both determinations under sub-
paragraph (A) are in the affirmative, issue 
a public notice of the acceptance for filing 
of such application; or 
‘‘(ii) if either determination under sub-
paragraph (A) is in the negative, provide 
notice to the applicant of the negative deter-
mination, including what information that 
was required to be submitted was not sub-
mitted or the amount of the application fee 
due, or both (as the case may be). 
‘‘(2) INACTION BY COMMISSION.—If the Commis-
sion does not comply with paragraph (1) with respect 
to an application by the deadline specified in such 
paragraph, the Commission shall be deemed for pur-
poses 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 busi-
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
ness days after the date on which such application 
was received. 
‘‘(3) LIMITATION.—In making a determination 
under paragraph (1)(A)(i), the Commission may only 
consider whether the application contains the infor-
mation described in subclause (I), (II), or (III) (as 
the case may be) of such paragraph and may not con-
sider whether the information is sufficient to allow 
the Commission to grant or deny the application. 
‘‘(m) TOLLING.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (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 sub-
section (b), (d), (f), or (g) (as the case may be) for 
consideration of the application or request only if the 
Commission— 
‘‘(A) finds that there are extraordinary cir-
cumstances requiring additional time for consid-
eration of the application or request such that, if 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
the deadline were not extended, the public inter-
est would be seriously prejudiced; and 
‘‘(B) issues a public notice of the finding 
described in subparagraph (A) that states— 
‘‘(i) the reasons of the Commission for 
the extension; and 
‘‘(ii) the length of the period of the ex-
tension. 
‘‘(2) LENGTH.—The Commission may not grant 
an extension of a deadline under paragraph (1) for 
a period that exceeds 90 days but may grant 1 or 
more additional extensions of such deadline under 
such paragraph, if the Commission makes the finding 
and issues the public notice required by such para-
graph with respect to any such additional extension. 
‘‘(n) REVIEW FOR NATIONAL SECURITY AND LAW EN-
FORCEMENT CONCERNS.— 
‘‘(1) REVIEW REQUIRED FOR ENTITIES WITH RE-
PORTABLE 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 sub-
mitted by an entity that the Commission determines 
to have reportable foreign ownership, the Commission 
shall refer such application or request to the Com-
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
mittee 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 ap-
plication or request. 
‘‘(2) REVIEW AT DISCRETION OF COMMISSION.— 
In addition to the applications and requests that the 
Commission is required to refer to the Committee 
under paragraph (1), the Commission may, in the 
discretion of the Commission, refer any other applica-
tion under subsection (b), (c), or (d), request for 
modification under subsection (g), or request for 
modification of a covered authorization to the Com-
mittee for review of national security and law en-
forcement concerns that may be raised by such appli-
cation or request. 
‘‘(o) DEFINITIONS.—In this section: 
‘‘(1) COVERED APPLICATION.—The term ‘covered 
application’ means an application for a license or 
grant of market access to operate a system described 
in subparagraph (A), (B), or (C) of subsection (b)(1) 
or subparagraph (A), (B), or (C) of subsection (c)(1) 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
that is pending on the date of the enactment of this 
section. 
‘‘(2) COVERED AUTHORIZATION.—The term ‘cov-
ered authorization’ means— 
‘‘(A) a license or grant of market access 
granted by the Commission to operate a system 
described in subparagraph (A), (B), or (C) of 
subsection (b)(1) or subparagraph (A), (B), or 
(C) of subsection (c)(1) that is in effect on the 
date of the enactment of this section; or 
‘‘(B) a license or grant of market access 
granted by Commission approval of a covered 
application. 
‘‘(3) COVERED PERIOD.—The term ‘covered pe-
riod’ means, with respect to a covered authorization, 
the period of time that begins on the date of the enact-
ment of this section and ends on the earliest of— 
‘‘(A) the date that is 11 years after such 
date of enactment; 
‘‘(B) the date on which the Commission de-
termines that the licensee or grantee (as the case 
may be) has not either— 
‘‘(i) deployed a level of service com-
mensurate with the terms of the license or 
grant of market access; or 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) otherwise demonstrated progress 
and investment consistent with the deploy-
ment obligations under the license or grant 
of market access; 
‘‘(C) the date on which the Commission 
grants a request to renew the covered authoriza-
tion; or 
‘‘(D) the date on which the Commission 
grants a request for a modification of the covered 
authorization 
described 
in 
subsection 
(h)(2)(B)(i)(II). 
‘‘(4) 
COVERED
RADIOCOMMUNICATION
SERV-
ICE.—The term ‘covered radiocommunication service’ 
means a radiocommunication service (as defined in 
the radio regulations of the International Tele-
communication Union that are in force as of the date 
of the enactment of this section (or any successor to 
such regulations)), except that such term does not in-
clude any radionavigation or safety service specifi-
cally identified by the Commission as a safety service 
for aeronautical or maritime transportation. 
‘‘(5) GATEWAY
STATION.—The term ‘gateway 
station’ means an earth station or a group of earth 
stations that— 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) supports the routing and switching 
functions of a system operated under a license 
granted under subsection (b) or a grant of mar-
ket access granted under subsection (c); 
‘‘(B) may also be used for telemetry, track-
ing, and command transmissions; 
‘‘(C) does not originate or terminate com-
munication traffic; and 
‘‘(D) is not for the exclusive use of any cus-
tomer. 
‘‘(6) INDIVIDUALLY LICENSED EARTH STATION.— 
The 
term 
‘individually 
licensed 
earth 
station’ 
means— 
‘‘(A) an earth station (other than a blanket- 
licensed earth station) that sends a signal to, 
and receives a signal from— 
‘‘(i) a nongeostationary orbit space 
station or space stations operated under a 
license granted under subsection (b)(1) or a 
grant of market access granted under sub-
section (c)(1); or 
‘‘(ii) a geostationary orbit space sta-
tion or space stations operated under a li-
cense granted under subsection (b)(2) or a 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
grant of market access granted under sub-
section (c)(2); or 
‘‘(B) a gateway station. 
‘‘(7) ORBITAL VARIANCE EFFICIENCY.—The term 
‘orbital variance efficiency’ means the mean of the 
distance between the actual altitude of each space sta-
tion and the authorized altitude for each space station 
authorized under subsection (b)(1).’’. 
(b) RELATION TO OTHER LAW AMENDMENTS.—The 
Communications Act of 1934 (47 U.S.C. 151 et seq.) is 
amended— 
(1) in section 309(j)(2)— 
(A) in subparagraph (B), by striking ‘‘; or’’ 
and inserting a semicolon; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) the 
following new subparagraph: 
‘‘(C) for licenses, grants of market access, or 
authorizations granted under section 346; or’’; 
and 
(2) in section 309(k)— 
(A) in the heading, by striking ‘‘BROAD-
CAST STATION RENEWAL PROCEDURES’’ and in-
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
serting ‘‘RENEWAL PROCEDURES FOR CERTAIN 
AUTHORIZATIONS’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by inserting ‘‘, the licensee of 
a license granted under section 346(b), 
the grantee of a grant of market access 
granted under section 346(c), or an en-
tity with authorization granted under 
section 346(d),’’ after ‘‘broadcast sta-
tion’’; 
(II) by inserting ‘‘, grant, or au-
thorization’’ after ‘‘such license’’; 
(III) by striking ‘‘that station’’ 
and inserting ‘‘that licensee, grantee, 
or entity’’; and 
(IV) by inserting ‘‘, grant of mar-
ket access, or authorization’’ after ‘‘its 
license’’; 
(ii) in subparagraph (A), by striking 
‘‘the station’’ and inserting ‘‘in the case of 
a broadcast station, the station’’; 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
(iii) by redesignating subparagraphs 
(B) and (C) as subparagraphs (C) and (D), 
respectively; 
(iv) by inserting after subparagraph 
(A) the following: 
‘‘(B) in the case of a licensee of a license 
granted under section 346(b), a grantee of a 
grant of market access granted under section 
346(c), or an entity with authorization granted 
under section 346(d), the licensee, grantee, or en-
tity has met the requirements of section 346(e);’’; 
(v) in subparagraph (C), as so redesig-
nated, by inserting ‘‘, grantee, or entity’’ 
after ‘‘licensee’’; and 
(vi) in subparagraph (D), as so redes-
ignated, by inserting ‘‘, grantee, or entity’’ 
after ‘‘licensee’’; 
(C) in paragraph (2), by inserting ‘‘, or the 
licensee of a license granted under section 346(b), 
the grantee of a grant of market access granted 
under section 346(c), or an entity with author-
ization granted under section 346(d),’’ after 
‘‘broadcast station’’; 
(D) in paragraph (3)— 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘of a broadcast sta-
tion, a licensee of a license granted under 
section 346(b), a grantee of a grant of mar-
ket access granted under section 346(c), or 
an entity with authorization granted under 
section 346(d)’’ after ‘‘that a licensee’’; 
(ii) in subparagraph (A)— 
(I) by inserting ‘‘, grantee, or en-
tity’’ after ‘‘licensee’’; and 
(II) by inserting ‘‘or 346’’ after 
‘‘section 308’’; and 
(iii) in subparagraph (B), by striking 
‘‘former licensee’’ and inserting ‘‘former li-
censee of a broadcast station or such appli-
cations for a license, grant of market access, 
or authorization as may be filed under sec-
tion 346(b), 346(c), or 346(d) specifying the 
information of the former licensee, grantee, 
or entity’’; and 
(E) in paragraph (4), by inserting ‘‘, grant 
of market access, or authorization’’ after ‘‘li-
cense’’. 
(c) APPLICABILITY.—The requirements in the amend-
ments made by this section apply with respect to any appli-
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
cation 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 enact-
ment of this Act. 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 125 
118TH CONGRESS 
1ST SESSION 
H. R. 1338 
[Report No. 118–157] 
A BILL 
To amend the Communications Act of 1934 to pro-
vide authority for certain licenses, and for other 
purposes. 
JULY 25, 2023 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
01:53 Jul 26, 2023
Jkt 039200
PO 00000
Frm 00050
Fmt 6651
Sfmt 6651
E:\BILLS\H1338.RH
H1338
kjohnson on DSK79L0C42PROD with BILLS