Federal legislation reintroduced to modernize FCC satellite rules, spur investment

Two bills first introduced in the 117th Congress were revived this week by House Energy and Commerce Chair Cathy Rodgers (R-WA) and Ranking Member Frank Pallone, Jr. (D-NJ) in a push to modernize the Federal Communications Commission (FCC) satellite licensing rules.

The Satellite and Telecommunications Streamlining Act, led by Rodgers, would codify the FCC authorities under the Communications Act and promote responsible use of space, with incentives for investment and innovation on satellite communications networks. Meanwhile, the Secure Space Act (H.R.675), as championed by Pallone, would prohibit the FCC from issuing satellite licenses or other related authorizations to those deemed untrustworthy.

“America must keep pace with the rapidly evolving satellite communications industry and ensure the United States is leading the way in next-generation satellite technologies,” the pair of lawmakers said in a joint statement. “Satellites can connect people in hard-to-reach areas with high-speed internet service, provide more competitive choice in the market, and boost everyday services in the transportation and emergency communications sectors. Together the Satellite and Telecommunications Streamlining Act and the Secure Space Act will unleash American innovation, streamline our regulatory processes, preserve U.S. technological leadership, and protect our networks from untrusted actors. We look forward to working with our colleagues in the House and Senate to help connect millions of Americans to faster internet and critical emergency services, improve lives, and grow the economy.”

Among other things, the SAT Streamlining Act would require the FCC to create rules within 18 months to implement various new provisions. These would have to include specific, measurable, technology-neutral performance objectives for space safety and orbital debris, modifications that require expedited review, the process of notification on minor modifications, notes of how grandfathered satellite systems must notify the FCC of modification requests, specific actions taken by licensees that fail to coordinate shared spectrum in good faith and reportable foreign ownership situations that kick off national security reviews.

Under the Secure Space Act, the Secure and Trusted Communications Networks Act of 2019 would be amended to prohibit the FCC from granting licenses or U.S. market access for non-geostationary orbit satellite systems to certain entities that provide communications equipment or services or their affiliates. So far, what entities that would entail have not been specifically indicated.