RETAIN GPS and Satellite Communications Act of 2021
Bill: S.2166 | Sponsor: Sen. Inhofe, James M. (R-OK)
Policy area: Science, Technology, Communications

Summary:
Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act of 2021 or the RETAIN GPS and Satellite Communications Act of 2021
This bill places conditions on entities that deploy commercial terrestrial operations in the 1525-1559 megahertz (MHz) band or the 1626.5-1660.6 MHz band of the electromagnetic spectrum. These frequency bands are traditionally used for satellite operations, including the global positioning system (GPS).
On April 19, 2020, the Federal Communications Commission approved an application for a low-power 5G wireless network in such bands despite concerns about the network interfering with GPS and other operations on adjacent bands. In its application, the entity committed to update, repair, or replace federal devices, platforms, or systems affected by its operations.
This bill requires an entity (including the previously approved entity) that deploys terrestrial operations in the designated bands to reimburse a federal agency or a person for certain costs if the entity's operations interfere with or otherwise affect the operations of the agency or person. These costs may include necessary upgrades, repairs, or replacements to satellite communication devices and related equipment, as well as expenses for engineering studies and labor. Reimbursable costs owed by the entity transfer to any assignee, successor, or purchaser of its license to deploy terrestrial operations in the designated bands.
The bill also expressly authorizes federal agencies to directly accept from the entity reimbursements for incurred costs.

To provide that certain orders of the Federal Communications Commission 
 shall have no force or effect until certain conditions are satisfied, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recognizing and Ensuring Taxpayer 
Access to Infrastructure Necessary for GPS and Satellite Communications 
Act of 2021'' or the ``RETAIN GPS and Satellite Communications Act of 
2021''.

SEC. 2. CONDITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Covered gps device.--The term ``covered GPS device'' 
        means a device--
                    (A) operating to provide, using, or having embedded 
                operations requiring access to the Global Positioning 
                System satellite constellation; and
                    (B) that is used by the Federal Government, a non-
                Federal entity, a private sector entity, or any other 
                person.
            (3) Covered order.--The term ``covered order'' means the 
        order and authorization of the Commission relating to the 
        LightSquared Technical Working Group Report and other matters, 
        adopted on April 19, 2020 (FCC 20-48; IB Docket Nos. 11-109 and 
        12-340).
            (4) Integrated platform.--The term ``integrated platform'' 
        means a device or system that integrates Global Positioning 
        System capability or satellite communications capability into 
        the operation of the device or system, as applicable, in such a 
        manner that the Global Positioning System or satellite 
        communications capability cannot be effectively retrofitted 
        without replacing the device or system.
            (5) Satellite communications device.--The term ``satellite 
        communications device'' means a device--
                    (A) operating to provide, using, or having embedded 
                operations requiring access to satellite 
                communications; and
                    (B) that is used by the Federal Government, a non-
                Federal entity, a private sector entity, or any other 
                person.
            (6) Terrestrial operations order.--The term ``terrestrial 
        operations order''--
                    (A) means an order of the Commission authorizing an 
                entity to deploy commercial terrestrial operations in 
                the 1525-1559 megahertz band or the 1626.5-1660.5 
                megahertz band; and
                    (B) includes the covered order.
    (b) Restriction.--Notwithstanding any terrestrial operations order 
adopted by the Commission before, on, or after the date of enactment of 
this Act, no entity may deploy commercial terrestrial operations in the 
1525-1559 megahertz band or the 1626.5-1660.5 megahertz band until the 
date that is 90 days after the date on which the Commission determines 
that the entity has satisfied, or has agreed to satisfy, all of the 
requirements of this section, as applicable.
    (c) Required Upgrades and Repairs.--
            (1) In general.--In order to obtain authorization to deploy 
        commercial terrestrial operations in the 1525-1559 megahertz 
        band or the 1626.5-1660.5 megahertz band, a licensee shall 
        upgrade, repair, or replace covered GPS devices and satellite 
        communications devices potentially impacted by those 
        operations, including by bearing the costs of any modification, 
        repair, or replacement of equipment, spares, associated 
        ancillary equipment, software, facilities, operating manuals, 
        training, or compliance with regulations, including with regard 
        to--
                    (A) the underlying platform or system in which a 
                Global Positioning System capability is embedded; and
                    (B) satellite communications systems and equipment.
            (2) Reimbursable costs for agencies.--Any costs incurred by 
        a Federal agency due to interference with operations, as 
        determined and certified in writing to the Commission by the 
        Federal agency experiencing interference with operations, as a 
        result of the operations carried out under a terrestrial 
        operations order, shall be reimbursed by the licensee, 
        including the full costs of--
                    (A) any engineering, equipment, software, site 
                acquisition, systems design, or construction;
                    (B) any legitimate and prudent transaction expense, 
                including the hiring of any necessary additional staff, 
                including term-limited Federal civil servants and 
                contractor staff;
                    (C) research, engineering, and other related 
                studies;
                    (D) replacing any device or integrated platform 
                that suffers interference as a result of the conduct of 
                commercial terrestrial operations in the 1525-1559 
                megahertz band or the 1626.5-1660.5 megahertz band with 
                a device or integrated platform that can provide the 
                same operational capability, including the currently 
                available version of the device or integrated platform 
                (or a reasonable equivalent);
                    (E) in the case of costs incurred by the Department 
                of Defense, the labor cost of Department of Defense 
                personnel or external personnel in engineering, 
                validating, and verifying any required remediation in 
                order to provide the Department of Defense with the 
                same operational capability for the affected system 
                before terrestrial operation in the 1525-1559 megahertz 
                band or the 1626.5-1660.5 megahertz band;
                    (F) in the case of costs incurred by any Federal 
                agency that is a member of the Interdepartment Radio 
                Advisory Committee, the labor costs of those Federal 
                agency personnel or external personnel in engineering, 
                validating, and verifying any required remediation in 
                order to provide any Federal agency that is a member of 
                the Interdepartment Radio Advisory Committee with the 
                same operational capability for the affected system 
                before terrestrial operation in the 1525-1559 megahertz 
                band or the 1626.5-1660.5 megahertz band; and
                    (G) other related expenses reasonably incurred.
            (3) Reimbursable costs for other persons.--Any costs 
        incurred by a person, including a non-Federal or private sector 
        entity, due to interference with operations, as determined and 
        certified in writing to the Commission by the person 
        experiencing interference with operations, as a result of the 
        operations carried out under a terrestrial operations order, 
        shall be reimbursed by the licensee, including the full costs 
        of--
                    (A) any engineering, equipment, software, site 
                acquisition, systems design, or construction;
                    (B) replacement of satellites;
                    (C) any legitimate and prudent transaction expense, 
                including the hiring of any necessary term-limited 
                civil servants and contractor staff;
                    (D) research, engineering, and other related 
                studies;
                    (E) replacing any device or integrated platform 
                that suffers interference as a result of the conduct of 
                commercial terrestrial operations in the 1525-1559 
                megahertz band or the 1626.5-1660.5 megahertz band with 
                a device or integrated platform that can provide the 
                same operational capability, including the currently 
                available version of the device or integrated platform 
                (or a reasonable equivalent);
                    (F) the labor costs of personnel in engineering, 
                validating, and verifying any required remediation in 
                order to provide the person, company, or other private 
                sector entity with the same operational capability for 
                the affected system before terrestrial operation in the 
                1525-1559 megahertz band or the 1626.5-1660.5 megahertz 
                band; and
                    (G) other related expenses reasonably incurred.
            (4) Transferability of reimbursable expenses to the federal 
        government from federal communications commission order 20-
        48.--All reimbursable expenses owed to a Federal agency, 
        person, or other private sector entity that are causally 
        attributable to implementing a terrestrial operations order 
        shall transfer to and be borne by any assignee, successor, or 
        purchaser of any license that authorizes terrestrial operations 
        in accordance with that order.
            (5) Certain payments permitted.--Notwithstanding section 
        1341, subchapter II of chapter 15, or section 3302 of title 31, 
        United States Code, a Federal agency may collect or receive any 
        money or other thing of value from a private entity as payment 
        or reimbursement under this section.
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