(1)

the United States space industry represents a vital component to the present and future economy, spurring job creation, innovation, and United States leadership for years to come;

(2)

the Federal Communications Commission should take action within its remit to be forward-looking and ensure the United States sustains global leadership in commercial space, including advancing and implementing cutting-edge policy positions so that the United States is the global standard setter;

(3)

coordination among relevant Federal agencies is important to monitoring and minimizing harm to the space environment so that these finite resources may be well-utilized to the benefit of future generations of Americans; and

(4)

engagement at the World Radiocommunication Conferences of the International Telecommunication Union is important to United States space leadership.

(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:

346. Radiofrequency licensing authority relating to certain operations

(a) Definitions

(1) In general

In this section:

(A) Assistant Secretary

The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.

(B) Major amendment

The term major amendment has the meaning given that term in section 25.116(b) of title 47, Code of Federal Regulations, or any successor regulation.

(C) National defense or security of the United States

The term national defense or security of the United States—

(i)

means the protection of the United States from foreign aggression; and

(ii)

does not otherwise include the protection of the general welfare of the United States.

(D) Relevant committees

The term relevant committees means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(2) Code of Federal Regulations

The terms in section 25.103 of title 47, Code of Federal Regulations, or any successor regulation, are incorporated by reference into this Act.

(b) Rules

Not later than 1 year after the date of enactment of this section, the Commission shall issue rules to carry out this section that shall apply to applications and petitions submitted under subsection (c) after the date of enactment of this section.

(c) Applications and petitions

(1) Applications for licenses and major amendments

Not later than 1 year after the date of receipt of a completed application for a license or a major amendment of a license, the Commission shall grant, on condition of successful coordination with other Federal users as applicable, or deny the application for—

(A)

a non-geostationary orbit space station license;

(B)

a geostationary orbit space station license;

(C)

an earth station; or

(D)

a blanket-licensed earth station.

(2) Petition for a grant of market access

(A) In general

After the Commission issues a public notice of the acceptance for filing of a petition for a grant of market access, the Commission shall grant or deny the petition for—

(i)

a non-geostationary orbit space station market access; or

(ii)

a geostationary orbit space station market access.

(B) Grant of market access and term

No grant of market access shall be granted for more than 15 years. Grants of market access in effect on the date of enactment of this section shall expire not later than 15 years from the date of enactment of this section.

(C) Market access renewals

The Commission may create a market access renewal mechanism for grantees that remain in compliance and have no change in their risk profile.

(3) Review extension

(A) In general

The Commission may extend the period of review of an application for a license or renewal only if—

(i)

the Commission finds that there are extraordinary circumstances involving a danger to life or property or an action that is necessary for the national defense or security of the United States requiring additional time for consideration of the application;

(ii)

the Commission finds that extra time, not to exceed 90 days, is needed to complete a non-geostationary space station application processing round under the terms in section 25.157 of title 47, Code of Federal Regulations, or any successor regulation;

(iii)

the Commission publishes and submits to the relevant committees a notice that—

(I)

states the reasons of the Commission for an extension; and

(II)

the length of the period of the extension; or

(iv)

a lapse in appropriations occurs with respect to the Commission granting such applications.

(B) Limitations on period of extension

The Commission may not grant—

(i)

an extension of a deadline for a period that is more than 90 days; or

(ii)

more than 2 extensions of a deadline.

(C) Deemed granted

If the Commission fails to grant or deny an application for a license or major amendment of a license by the end of the applicable review period, the application shall be deemed granted on the date on which the Commission receives from the applicant written notice of the Commission's failure to grant or deny the application by the applicable deadline.

(4) Requests for renewal of license or grant of market access

(A) In general

Except as provided in paragraph (3), not later than 180 days after the date on which the Commission receives a complete request for renewal of a license or grant of market access, the Commission shall—

(i)

if the Commission determines the requirements under section 309(k) have been met, grant the request for a term not to exceed the length of—

(I)

the initial term; or

(II)

in the case of a renewal of a grant of market access, 15 years;

(ii)

if the Commission makes the determination described in section 309(k)(3), deny the request; or

(iii)

if the Commission determines an extension necessary to ensure the national defense or security of the United States, submit to the relevant committees a report explaining the determination and extend the deadline of review for not longer than one additional 180-day term.

(B) Deemed granted

If the Commission fails to grant or deny a request for renewal of a license or grant of market access by the date described in subparagraph (A), the renewal shall be deemed granted on the date on which the Commission receives from the requestor a written notice of the Commission's failure to grant or deny the renewal by the applicable deadline.

(5) Expedited treatment for minor modifications

(A) In general

Except as provided in subparagraph (B) or to ensure the national defense or security of the United States, not later than 90 days after the date on which the Commission receives a completed request to modify a license, the Commission shall grant the request if the request is limited only to modifications, or a class of modifications, that—

(i)

increase transmission capacity or improve spectral efficiency, such as by improving compression technologies; and

(ii)

otherwise do not substantially modify the space or earth station authorized by the license.

(B) Exclusion

This paragraph does not apply to a request to modify a license for—

(i)

the addition of an ancillary terrestrial component; or

(ii)

modifying the service offered under the initial license granted pursuant to paragraph (1) between fixed satellite service and mobile satellite service.

(C) Exception

The Commission may extend the period of review of a request under subparagraph (A) for national security and law enforcement concerns pursuant to paragraph (9).

(6) Expedited treatment for certain modifications

(A) In general

Not later than 30 days after the Commission receives a request to modify a license or grant of market access in order to conduct a replacement described in subparagraph (B), the Commission shall grant or deny the request.

(B) Replacement described

A replacement described in this subparagraph is a replacement of—

(i)

1 space station, or component of a space station, with a technically similar space station, or component of a space station, previously approved by the Commission; or

(ii)

1 earth station, or component of an earth station, with a technically similar earth station, or component of an earth station, previously approved by the Commission.

(C) Exception

The Commission may extend the period of review of a request under subparagraph (A) for national security and law enforcement concerns pursuant to paragraph (9).

(7) Alleviation of delays for certain applications

(A) Addition of certain authorized space stations

The Commission shall permit non-geostationary orbit operators to add an authorized space station as a point of communication to an authorized ground station on a notification-only basis without filing an application for modification of a license or grant of market access if the addition of the authorized space station involves no other changes to the authorized parameters of the ground station.

(B) Extension of special temporary authority

The Commission may extend a grant of special temporary authority under section 25.120(b)(3) of title 47, Code of Federal Regulations, or any successor regulation, the request for which was filed alongside an application for regular nonbroadcast operation, on the Commission's own motion.

(C) Priority Applications

The Commission shall consider whether to implement a process that prioritizes applications relating to systems most likely to imminently impact customers, such as systems relating to currently functioning or soon to be functioning systems.

(8) Emergency grant, renewal, or modification

If the Commission finds that there are extraordinary circumstances involving a danger to life or property or an action that is necessary for the national defense or security of the United States, the Commission—

(A)

may grant, for a period not to exceed 180 days in a manner and upon the terms the Commission shall by rule prescribe—

(i)

a license or grant of market access;

(ii)

a renewal of a license or grant of market access; or

(iii)

a modification of a license or grant of market access;

(B)

shall include with a grant made under subparagraph (A) a statement of the reasons of the Commission for making the grant;

(C)

may extend a grant made under subparagraph (A) for a period not to exceed 180 days; and

(D)

shall give expeditious treatment to any—

(i)

timely filed petition to deny a grant made under this subsection; or

(ii)

timely filed petition for rehearing of a grant made under this subsection that is filed under section 405.

(9) Review for national security and law enforcement concerns

(A) Review required for entities with reportable foreign ownership

For each application for a license, petition for a grant of market access, or request for a modification submitted by an entity that has not already undergone a foreign ownership review as described in this subparagraph or has changed its foreign ownership structure and that the Commission determines to have reportable foreign ownership, the Commission shall refer the application or request to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector established by Executive Order 13913 (85 Fed. Reg. 19643; relating to the establishment of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector) (in this paragraph referred to as the Committee) for review of national security and law enforcement concerns that may be raised by the application, petition, or request.

(B) Review at discretion of Commission

In addition to any application, petition, or request that the Commission is required under subparagraph (A) to refer to the Committee, the Commission may, at the Commission's own discretion, refer any other application for a license, petition for a grant of market access, or request for a modification submitted by an entity for review of national security and law enforcement concerns that may be raised by the application, petition, or request.

(10) Completeness

(A) In general

With respect to each application for a license, petition for a grant of market access, or application for an earth station, not later than 30 days after receiving such application or petition, the Commission shall—

(i)

determine whether—

(I)

the application or petition contains—

(aa)

in the case of an application for a license, all of the information required to be submitted with the application;

(bb)

in the case of a petition for a grant of market access, all of the information required to be submitted with the petition; or

(cc)

in the case of an application for an earth station, all of the information required to be submitted with the application; and

(II)

the applicant or petitioner has paid the fee, if any, required; and

(ii)

(I)

if the determinations under subclauses (I) and (II) of clause (i) are both in the affirmative, issue a public notice of the acceptance for filing of the application as necessary; or

(II)

if either determination under subclause (I) or (II) of clause (i) is in the negative, provide notice to the applicant of the negative determination, including the information required to be submitted for the application to be determined complete.

(B) Inaction by Commission

(i) In general

If, with respect to application for a license, a petition for a grant of market access, or application for an earth station, the Commission fails to make the determinations described in subparagraph (A) within 30 days, the Commission shall be deemed for purposes of such application or petition to have issued a public notice of the acceptance for filing of the application on the date on which the Commission receives from the applicant written notice of the Commission's failure to make the determinations described in subparagraph (A).

(ii) Publication

The applicant shall provide the written notice described in clause (i) publicly in the appropriate Commission database.

(11) Coordination

The Commission and Assistant Secretary shall enter into a Memorandum of Understanding, or execute comparable formal arrangements, to enhance and standardize interagency coordination to the extent practicable, with the aim of expediting the review of applications and petitions submitted under this subsection.

(d) State preemption of market entry; rates

Notwithstanding any other provision of law, a State or local government may not regulate the rates charged by—

(1)

an applicant or licensee with respect to a license granted; or

(2)

an applicant or grantee with respect to a grant of market access.

(e) Spectrum efficiency

The Commission shall promulgate rules that seek to promote competition, innovation, and efficient use of spectrum by entities licensed or granted market access, including by accounting for advancements in technology capable of managing interference concerns to the greatest extent practicable.

(f) Regulatory restraint

(1) Limitation on information required to be provided

In performing any act, issuing 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 to that which is strictly necessary;

(B)

with respect to an application for a license, petition for a grant of market access, or application for an earth station—

(i)

may not require the filing of any information that is not directly material to the considerations that affect the decision on such application or petition; and

(ii)

may require information about new or additional facts that the Commission determines necessary to make its decision; and

(C)

shall proactively reorient the application and petitions systems of the Commission to reduce the amount of information required of applicants and petitioners that the Commission has already collected.

(g) Report on backlog

The Commission shall submit to the relevant committees and the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives an annual report on the backlog of applications and petitions described under subsection (c), including the number of applications that are outstanding for applicant companies that no longer exist, until the later of 2 years after the date of enactment of this section or such time as the backlog is reduced to processing times not exceeding 1 year.

(h) Relation to experimental and amateur uses

This section shall not apply to any Commission authorization with respect to—

(1)

the experimental radio service; or

(2)

the amateur radio service.

(b) Relation to other law amendments

Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended—