SAT Streamlining Act of 2022

Bill: 117-hr-9463
Sponsor: full_name: Rep. McMorris Rodgers, Cathy [R-WA-5]
Introduced: 2022-12-08
Policy area: Science, Technology, Communications
Latest action: action_date: 2022-12-08
text: Referred to the House Committee on Energy and Commerce.

Summaries:
action_date: 2022-12-08
action_desc: Introduced in House
text: <p><b>Satellite And Telecommunications Streamlining Act of 2022 or the SAT Streamlining Act of 2022</b></p> <p>This bill directs the Federal Communications Commission to revise its regulations that govern licenses and grants of U.S. market access (and renewals and modifications of such licenses and grants) for geostationary and nongeostationary orbital satellites. Geostationary orbital satellites maintain a stationary position in orbit while nongeostationary satellites move in relation to the Earth's surface. These satellites may be used to provide broadband and other telecommunications services.</p> <p>Matters that must be addressed in the regulations include deadlines for decisions regarding the licenses or grants of market access, space safety and orbital debris, and sharing of the electromagnetic spectrum band by licensees and grantees.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 9463 IN THE HOUSE OF REPRESENTATIVES December 8, 2022 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. Short title This Act may be cited as the Satellite And Telecommunications Streamlining Act of 2022 or the SAT Streamlining Act of 2022 . 2. Authority regarding certain licenses (a) Amendment Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following new section: 345. Radiofrequency licensing authority regarding certain operations (a) Rules (1) In general Not later than 18 months after the date of the enactment of this section, the Commission shall issue rules to amend part 25, title 47, Code of Federal Regulations, to establish for each license granted under subsection (b) or any request for a grant of market access granted under subsection (c)— (A) in accordance with paragraph (2), specific, measurable, and technology-neutral performance objectives for space safety and orbital debris; (B) specific modifications (or classes of modifications) to a license granted under subsection (b)(1) that warrant expedited treatment under subsection (g)(2); (C) specific actions taken by a licensee of a license granted under subsection (b)(1) or a grantee that has been granted market access under subsection (c)(1) that constitute a failure to coordinate in good faith; (D) a quantifiable level of protection required under subsection (h)(4); and (E) the manner in which an applicant shall notify the Commission of a request to submit a modification under subsection (g)(5). (2) Conflict with interagency standard practices In the rules issued pursuant to paragraph (1)(A), or any successor rule, the Commission may not establish performance objectives that conflict with any standard practice established in the Orbital Debris Mitigation Standard Practices adopted by the United States Government. (b) Application for license (1) NGSO determination required Notwithstanding sections 4(i), 303(r), and 303(y) and the authority of the Commission to require such other information under section 308(b) and consider such other matters under section 309(a), and except as provided in paragraph (5), not later than 1 year after the date on which a written application is submitted to the Commission, the Commission shall make a determination whether to grant such application for a license for— (A) a nongeostationary orbit space station or space-station constellation and an earth station or earth stations; (B) a nongeostationary orbit space station and the blanket-licensed earth stations that will operate with the nongeostationary orbit space station; or (C) a nongeostationary orbit space-station constellation and the blanket-licensed earth stations that will operate with the nongeostationary orbit space-station constellation. (2) GSO determination required Not later than 1 year after the date on which a written application is submitted to the Commission and except as provided in paragraph (5), the Commission shall make a determination whether to grant such application for a license for a geostationary orbit space station or space-station constellation and earth stations. (3) Contents of application In addition to the application requirements described in section 308(b), an application submitted under paragraph (1) or (2) shall include the following: (A) Performance metrics with respect to the frequencies and transmission power to be used. (B) A description of compliance by the applicant with the performance objectives and actions established under subparagraph (A) of subsection (a)(1) and, in the case of an application submitted under paragraph (1) of this subsection, subparagraphs (C) and (D) of subsection (a)(1). (4) Term of initial license The Commission shall grant a license for a term not to exceed 15 years for any application granted under this subsection. (5) Exceptions The deadline for the determination required in paragraphs (1) and (2) may be extended by the Commission for an application subject to review under section 310(d). (6) Timely grant of certain applications (A) Grant of application required Not later than 60 days after the date on which the Commission receives a written application for a license described in paragraph (1) that the Commission determines meets the additional criteria described in subparagraph (B), the Commission shall grant such application. (B) Criteria described The additional criteria described in this subparagraph are as follows: (i) A limit on the number of space stations a constellation contains, as determined by the Commission. (ii) A limit on the total in-orbit lifetime for any individual space station, as determined by the Commission. (iii) For each space station, the following: (I) A limit on the orbital altitude at which the space station may operate, as determined by the Commission. (II) A requirement that the space station has a maneuverability capability and the ability to make collision avoidance and deorbit maneuvers, as determined by the Commission. (III) A requirement that each space station is identifiable by a unique signal-based telemetry marker that meets requirements issued by the Commission. (IV) A requirement that the space station releases no operational debris. (V) A requirement that the space station can be commanded by command originating from the ground to immediately cease transmissions and the applicant has the capability to eliminate harmful interference when required by the Commission. (iv) A requirement that the operator has assessed and limited the probability of an accidental explosion, including an explosion that results from the conversion of energy sources on board any space station into energy that fragments the space station. (v) A limit on the probability of a collision between each space station and any other large object, as determined by the Commission. (vi) A requirement that each space station is disposed of post-mission through atmospheric re-entry and the probability of human casualty from such re-entry meets requirements issued by the Commission. (C) Implementation Not later than 60 days after the date of the enactment of this subparagraph, the Commission shall— (i) issue rules to implement this paragraph; or (ii) make the finding described in subparagraph (D). (D) Finding described If the Commission finds that the rules of the Commission, as of the date of the enactment of this paragraph, satisfy the requirements in this paragraph, the Commission shall issue a public notice stating such finding. (c) Application for grant of market access (1) Determination required Notwithstanding sections 4(i), 303(r), and 303(y) and the authority of the Commission to require such other information under section 308(b) and consider such other matters under section 309(a), the Commission shall make a determination whether to grant a written application submitted to the Commission for market access within the United States for— (A) a nongeostationary orbit space station or space-station constellation and an earth station or earth stations; (B) a nongeostationary orbit space station and the blanket-licensed earth stations that will operate with the nongeostationary orbit space station; or (C) a nongeostationary orbit space-station constellation and the blanket-licensed earth stations that will operate with the nongeostationary orbit space-station constellation. (2) Contents of application In addition to the application requirements described in section 308(b), an application submitted under this subsection shall include the following: (A) Performance metrics with respect to the frequencies and transmission power to be used. (B) A description of compliance by the applicant with the performance objectives and actions established under subparagraphs (A), (C), and (D) of subsection (a)(1). (3) Term of initial grant of market access The Commission shall grant a grant of market access for a term not to exceed 15 years for any application granted under this subsection. (d) Earth station authorization (1) Determination required Notwithstanding sections 4(i), 303(r), 303(y), and 309(a) and subsections (a) through (c) and (e) through (j) of this section, not later than 1 year after the date on which a written application is submitted to the Commission, the Commission shall make a determination whether to grant such application for authorization to use an earth station (including a gateway station) to receive a signal from— (A) a nongeostationary orbit satellite or nongeostationary orbit satellite system; or (B) a geostationary orbit satellite or geostationary orbit satellite system. (2) Deemed granted If the Commission does not grant or deny a written application submitted under paragraph (1) within 60 days after the date on which the application is submitted to the Commission, except as provided in paragraph (3), the application shall be deemed granted on the date on which the Commission receives a written notice of the failure by the applicant. (3) Exception The deadline for the determination required in paragraph (1) may be extended by the Commission for an application subject to review under section 310(d). (e) Determination of public interest, convenience, and necessity Before making a determination to grant an application, renewal, or modification under subsection (b), (c), (d), (f), or (g) (as the case may be), the Commission shall determine if the license, grant, or authorization (as the case may be) serves the public interest, convenience, and necessity, including— (1) in the case of a license or grant to which subsection (h)(4) applies, the license or grant does not exceed the quantifiable level of protection established in subsection (h)(4); and (2) in the case of a license or grant that is required to protect radio astronomy observatories by the International Telecommunication Union, the application, renewal, or modification demonstrates that such protection will be provided. (f) Renewal of license, grant of market access, or authorization (1) In general Except as provided in section 309(k)(2), the Commission shall grant a renewal for a license issued under subsection (b), a grant of market access under subsection (c), or an authorization granted under subsection (d), upon request by an applicant for a term not to exceed the length of the initial term beginning the day after the date on which the previous license, grant of market access, or authorization expires, if the Commission determines the requirements under subsection (e) and section 309(k) have been met. (2) Deadline for determination Not later than 180 days after the date on which the Commission receives a request for renewal of a license issued under subsection (b), a grant of market access under subsection (c), or an authorization granted under subsection (d), the Commission shall— (A) grant or deny such renewal; or (B) make the determination described in section 309(k)(3). (g) Modification of license; grant of market access (1) Major modifications Except as provided in paragraphs (2), (3), (5), and (6), and not later than 1 year after the date on which the Commission receives a request to modify an application granted under subsection (b)(1), the Commission shall grant the request if the Commission determines the modification meets the requirement of subsection (e). The Commission may grant a request to modify an application submitted under subsection (b)(2) or subsection (c) if the Commission determines the modification meets the requirement of subsection (e). (2) Expedited treatment for minor modifications Except as provided in paragraphs (3), (5), and (6), the Commission shall grant a request made by an applicant to modify an application granted under subsection (b)(1) not later than 90 days after the date on which the Commission receives the request to modify if— (A) the request does not exceed the quantifiable level of protection described in subsection (h)(4); and (B) the request is limited only to modifications, or a class of modifications, that— (i) increase transmission capacity; (ii) improve spectral efficiency, such as by improving compression technologies; (iii) improve the orbital variance efficiency of the constellation; or (iv) otherwise do not substantially modify the constellation. (3) Emergency modification If the Commission finds that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of such temporary operations would seriously prejudice the public interest, the Commission— (A) may grant a license described in subsection (b), a grant of market access described in subsection (c), or an authorization described in subsection (d), a modification of such license, grant of market access, or authorization, or renewal of such license, grant of market access, or authorization for 180 days in a manner and upon the terms the Commission shall by rule prescribe in the case of an emergency found by the Commission involving— (i) danger to life or property; or (ii) an action that is necessary for the national defense or security of the United States; (B) shall include with a grant made under this paragraph a statement of the reasons of the Commission for making such grant; (C) may extend a grant made under this paragraph for periods not to exceed 180 days; and (D) shall give expeditious treatment to any timely filed petition to deny such application and to any petition for rehearing of such grant filed under section 405. (4) Exclusion Paragraph (2) shall not apply to a request to modify a license for— (A) the addition of an ancillary terrestrial component; or (B) modifying the service offered under the initial license granted under subsection (b) between fixed and mobile service. (5) Automatic grant of certain modifications Upon notification to the Commission, the Commission may automatically grant a request to modify an application granted under subsection (b), (c), or (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. (6) Exceptions The deadlines under paragraphs (1) and (2) may be extended by the Commission for a request subject to review under section 310(d). (h) Shared spectrum; protection from harmful interference (1) Grandfathered treatment and sunset of certain authorizations For the duration of the covered period— (A) a covered authorization shall not be treated as being granted under subsection (b)(1) or subsection (c)(1) (as the case may be); and (B) the Commission shall protect an entity with a covered authorization from harmful interference consistent with the terms of such protection afforded before the date of the enactment of this section. (2) Transitional rule After the expiration of the covered period, an entity with a covered authorization may seek renewal for a license or grant of market access under subsection (f). (3) 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 market access granted under subsection (c)(1), or an entity with a covered authorization, in a spectrum band with service rules that require such licensees or grantees to share spectrum, shall make a good faith effort to coordinate the use of spectrum with any other licensee or grantee authorized in the spectrum band in which another license was granted under subsection (b)(1), another grantee was granted under subsection (c)(1), or another entity was granted authorization to use spectrum in such band. (4) 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), the Commission shall establish a quantifiable level of protection that a licensee of a license granted under subsection (b)(1) or a grantee of market access granted under subsection (c)(1) shall afford to any other licensee or grantee authorized in the spectrum band in which another license was granted under subsection (b)(1), another grantee was granted under subsection (c)(1), or another entity was granted authorization to use spectrum in such band. (5) Consideration required When establishing the quantifiable level of protection described in paragraph (4), the Commission shall ensure the benefit to improved coordination among licensees and grantees outweighs any costs associated with the implementation of such protection. (6) Relation to ITU radio regulations Nothing in this subsection shall be construed to require the Commission to adopt rules regarding the use of spectrum that contravene a requirement by the radio regulations of the International Telecommunication Union. (7) Rule of construction An entity with a covered authorization shall not be required to submit additional information in order to retain such authorization, nor shall paragraph (1) affect any obligation of such entity under applicable law or regulation until the end of the covered period. (i) State preemption of market entry; rates Notwithstanding any 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 under subsection (d), except that this subsection shall not prohibit a State from regulating the other terms and conditions of such licensee, grantee, or entity. (j) Regulatory restraint (1) Limitation of information provided In addition to the requirements described in section 307(c)(2), in performing any act, making any rule or regulation, or issuing any order necessary to carry out this section, the Commission— (A) shall limit the information required to be furnished to the Commission; (B) shall demonstrate the Commission has taken every reasonable step to limit the information required to be furnished to the Commission; and (C) may not request additional information regarding the performance objectives established in subsection (a)(1)(A) for any case in which an applicant has demonstrated compliance with such performance objectives. (2) Deadline for petition determination If an applicant for a license or a licensee under subsection (b) files a petition under part 1, title 47, Code of Federal Regulations (or any successor regulation) relating to information required to be furnished to the Commission under this section, the Commission shall grant or deny the petition within 90 days after the date on which the petition is filed. (k) 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 subparagraphs (A) through (C) of subsection (b)(1) or subparagraphs (A) through (C) 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. (2) Covered authorization The term covered authorization means— (A) a license or grant of market access granted by the Commission to operate a system described in subparagraphs (A) through (C) of subsection (b)(1) or subparagraphs (A) through (C) of subsection (c)(1) in a processing round established before December 31, 2022, that has deployed a level of service commensurate with the terms of the license or grant of market access; or (B) a license or grant of market access granted by Commission approval of a covered application. (3) Covered period The term covered period means, with respect to a covered authorization, the period of time that begins on the date of the enactment of this section and ends on the earliest of— (A) the date on which the covered authorization expires; (B) the date that is 15 years after such date of enactment; or (C) the date on which the Commission grants a request to modify the covered authorization that would be a major modification under subsection (g) if the covered authorization were a license granted under subsection (b)(1) or a grant of market access granted under subsection (c)(1). (4) Orbital variance efficiency The term orbital variance efficiency means the mean of the distance between the actual altitude of each space station and the authorized altitude for each space station authorized under subsection (b)(1). . (b) Relation to other law amendments The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— (1) in section 309(j)(2)— (A) in the matter preceding subparagraph (A), by inserting , grants of market access, authorizations, after licenses ; (B) in subparagraph (B), by striking ; or and inserting a semicolon; (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following new subparagraph: (C) for licenses, grants of market access, or authorizations granted under section 345; or ; (2) in section 309(k)— (A) in the heading, by striking Broadcast station renewal procedures and inserting Renewal procedures for certain authorizations ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by inserting , the licensee of a license granted under section 345(b), the grantee of a grant of market access granted under section 345(c), or an entity with authorization granted under section 345(d), after broadcast station ; (II) by inserting , grant, or authorization after such license ; (III) by striking that station and inserting that licensee, grantee, or entity ; and (IV) by inserting , grant of market access, or authorization after its license ; (ii) in subparagraph (A), by striking the station and inserting in the case of a broadcast station, the station ; (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (iv) by inserting after subparagraph (A) the following: (B) in the case of a licensee of a license granted under section 345(b), a grantee of a grant of market access granted under section 345(c), or an entity with authorization granted under section 345(d), the licensee, grantee, or entity has served the public interest, convenience, and necessity in accordance with section 345(e); ; (v) in subparagraph (C), as so redesignated, by inserting , grantee, or entity after licensee ; and (vi) in subparagraph (D), as so redesignated, by inserting , grantee, or entity after licensee ; (C) in paragraph (2), by inserting , or the licensee of a license granted under section 345(b), the grantee of a grant of market access under section 345(c), or an entity with authorization granted under section 345(d), after broadcast station ; and (D) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking that a licensee and inserting that a broadcast station, a licensee of a license granted under section 345(b), a grantee of market access granted under section 345(c), or an entity with authorization granted under section 345(d) ; (ii) in subparagraph (A), by inserting or 345 after section 308 ; and (iii) in subparagraph (B), by inserting or under section 345 specifying the information required by the Commission under section 345(b)(3), section 345(c)(2), or section 345(d)(1) (as the case may be) of the former licensee, grantee, or entity after former licensee ; and (3) in section 310(b), by inserting or license, grant of market access, or authorization granted under subsection (b), (c), or (d) of section 345 after radio station license . (c) Applicability The requirements in the amendments made by this section apply with respect to any application submitted under subsection (b), (c), or (d) of section 345 of the Communications Act of 1934 and any request for renewal or modification under such section, as added by subsection (a), on or after the date of the enactment of this Act.