House Commerce Eyes Satellite Legislative Push Amid Increased Space Interest

Republicans’ return to a House majority is unlikely to mean a big shift in the chamber’s approach to space policy and legislative priorities since those matters have generally been an area of bipartisan cooperation, policy experts said in interviews. The House Commerce Committee made its first foray into space matters for this Congress Thursday via a Communications Subcommittee hearing (see 2301270076) that lobbyists saw as a precursor to panel leaders’ plans to prioritize advancing legislation to revamp the FCC’s satellite licensing rules. House Commerce Chair Cathy McMorris Rodgers, R-Wash., staked the panel's claim to a role in space policy, saying during the hearing it has "been far too long since Congress reassessed the role of satellite technology in the communications marketplace and whether or not our regulatory environment encourages investment and innovation in the space economy, or hampers it."

Rodgers told us before the hearing she and Commerce ranking member Frank Pallone, D-N.J., expect to work swiftly to formally refile the Satellite and Telecommunications Streamlining Act but first want to go through “the regular legislative process” to collect feedback on that and other satellite measures. A SAT Streamlining Act draft the lawmakers released Wednesday mirrored the version they filed in December, at the close of the last Congress (see 2212090064). The legislation would require the FCC to issue “specific performance requirements” for satellite licensees to meet on space safety and orbital debris. It would also require the commission to set a 180-day shot clock to limit the timeline for reaching decisions on license applications.

“This is really important in ensuring America’s leadership in satellites and providing clarity to those that are deploying so that we can win the future,” Rodgers told us. The draft SAT Streamlining Act is among five satellite-centric measures she and House Communications Chairman Bob Latta, R-Ohio, are teeing up to examine during a legislative hearing next week. The subcommittee plans to also examine the refiled Secure Space Act (HR-675), which would bar the FCC from granting satellite licenses to any entity the FCC deems a national security risk under the Secure and Trusted Communications Networks Act. The Wednesday hearing is to begin at 10:30 a.m. in 2322 Rayburn.

Also on the docket Feb. 8: the Leveraging American Understanding of Next-Generation Challenges Exploring Space Act (HR-682), the draft Advanced, Local Emergency Response Telecommunications Parity Act and draft Precision Agriculture Satellite Connectivity Act. HR-682 would require the FCC to streamline the authorization process for commercial launches. The Alert Parity Act draft, like a version of the measure filed last year, would require the FCC to issue rules allowing satellite direct-to-cell service providers and others to apply to access spectrum to fill in wireless coverage gaps in unserved areas specifically to provide connectivity for emergency services. The draft PASC Act would require the FCC to review and potentially institute changes to satellite rules to promote precision agriculture.

"We've got a pretty aggressive agenda right now" across all House Commerce subcommittees, but it will be up to Rodgers how soon Communications moves to hold a markup on the SAT Streamlining Act or other measures up for review next week, Latta told us after the Thursday hearing. He and Rodgers said during the panel it was just a "first step" in what she characterized as a "robust" Commerce review of satellite issues. Latta later told us the next hearing will delve deeper into stakeholders' feedback on individual bills and will include two panels of witnesses.

'Emerging Questions'

Rodgers “is pretty serious” about getting House Commerce to examine a range of space issues, including satellite policy, said former House Commerce Chairman Greg Walden, R-Ore., now Alpine Advisors chairman, in an interview. There’s “a debate emerging among legacy satellite companies” about “which agency has what jurisdiction over satellites, over space debris, over collision avoidance” that lawmakers will also need to examine further, he said: “There’s going to be emerging questions about the enormous number of satellites going into space and what’s the right level of responsibility” for managing orbital debris and other matters.

“There are a lot of unknowns for most members about rapid deployments in space,” so “there’s going to be a need for” House Commerce and other committees to “dive into those satellite issues and help the FCC have the right guardrails and authorities and then make sure they have the resources” to adequately manage those matters, Walden told us: “We’re no longer talking about a few thousand satellites in orbit. We’re talking tens of thousands.”

Neither chamber currently has a perceived top space champion like former Senate Commerce Committee ranking member Bill Nelson, D-Fla., who's now NASA administrator, but Rodgers is one of several GOP leaders who have shown interest in those matters, experts said. Numerous House Republicans have some interest in space, but their focus has been on issues like NASA, with their level of interest in commercial space less clear, said commercial space consultant George Nield. That absence doesn't necessarily hurt commercial space interests in legislative circles, "but it doesn't help," said Michael Dodge, University of North Dakota space studies associate professor.

Former House Science Committee Chairman Bob Walker, R-Pa., now a space consultant, cited current panel Chairman Frank Lucas of Oklahoma as likely to be a major policy influence during this Congress. Others include House Appropriations Commerce Subcommittee Chairman Hal Rogers of Kentucky and subpanel member Rep. Robert Aderholt of Alabama, who has NASA's Marshall Space Flight Center in his state, Walker said. He also noted Communications member Rep. Neal Dunn of Florida is "a big space fan.”

Rodgers told us she’s “working with” Lucas and other House Science leaders to ensure whatever satellite legislation she and others on Commerce advance has that committee’s buy-in. Lucas told us he’s still “in the early stages of a lot of conversations on a variety of topics” with other committees but cautioned it’s too soon to know what direction any cooperation on space legislation will take.

There will, meanwhile, be turnover in Senate Commerce Space Subcommittee leadership for this Congress. Sen. Kyrsten Sinema, I-Ariz., will chair the subpanel instead, said former Chairman John Hickenlooper, D-Colo. He told us he relinquished the Space gavel to chair the Consumer Protection Subcommittee. Former Consumer Protection Chairman Richard Blumenthal, D-Conn., left Senate Commerce (see 2301270066). Sinema's office didn't comment.

Hickenlooper intends to remain active on space issues but said he will defer to Sinema on leading discussions with House Commerce leaders on any FCC satellite rules revamp. He intends to lead refiling of the Orbital Sustainability Act, which would require the Commerce Department to work with the FCC and National Space Council to develop and promote standard practices for avoiding collisions and near hits between spacecraft in orbit (see 2209140062). It’s unclear if the measure will be enough of a priority to advance out of Senate Commerce during this Congress, Nield said.

Jurisdictional Issues

The FCC could be subject to increased oversight of its orbital debris jurisdictional authority and other issues due to the new House majority, Dodge said. He believes the commission also could get some executive branch pushback over whether it or Commerce is the proper home for issues like space traffic management and space situational awareness. Perceptions of overall regulatory overreach by agencies will likely be a big focus of the new Congress, Dodge said.

The new House GOP majority "may break the logjam" over funding a more robust Commerce Department Office of Space Commerce to tackle issues like orbital debris, Walker said. He noted the FCC has been aggressive on debris issues, but there are questions about its jurisdiction and expertise. A more robust OSC faced headwinds during the last Congress in part due to ex-House Transportation Committee Chairman Peter DeFazio, D-Ore., wanting the FAA to pick up that role, Walker said. He believes DeFazio's retirement could resolve what has been a thorny committee jurisdiction issue.

It's not clear to Congress whether OSC is the right home for oversight of a lot of space activities, or if it should be the FAA Office of Commercial Space Transportation, said Nield, who previously was FAA Commercial Space Transportation associate administrator. Either way, no government agency has oversight of operations while in space, he said: That means the U.S. isn't carrying out its Outer Space Treaty obligations.

House Science leadership will likely push for more use of commercial space assets by agencies such as NASA, Walker said. There also could be interest in more federally funded R&D centers on space. There may also be an increase in discussions about what military capabilities the U.S. needs in space to meet Russian and Chinese offensive space capabilities.

Thursday Hearing

Rodgers, Pallone and others sought to highlight satellite issues Thursday as something House Commerce has a good chance of addressing via a bipartisan consensus, though Communications Democrats were more complimentary of the FCC's recent order to revamp the International Bureau into a Space Bureau and an Office of International Affairs (see 2301090062). The new Space Bureau "is an important step in the right direction and reflects the increasing importance of this industry in our communications marketplace," Pallone said. House Communications ranking member Doris Matsui of California was among Democrats who praised the draft SAT Streamlining Act. The measure includes "important updates to the FCC's satellite laws," Matsui said: The FCC's current licensing process "has fallen short of what the market needs, and this bill will help."

EchoStar and Lynk executives didn’t mention the SAT Streamlining Act or any other satellite legislation by name during the House Communications hearing but urged enactment of bills that mirror some elements of those measures. Satellite Industry Association President Tom Stroup urged “adequate funding for government agencies responsible for oversight and licensing of the industry to enable them to keep up with the rapid pace of growth in the sector” and a “level playing field with international competitors, including the removal of satellite technologies from restrictive export-control regulation when international commercial alternatives exist.”

EchoStar Senior Vice President-Regulatory Affairs Jennifer Manner cited the “uncertain time frames” of the FCC’s licensing process as a “major hurdle” and urged Congress to enact “guidelines for processing times that the FCC would have to abide by, understanding that at times waivers would have to be given to address complex” issues. “America cannot lead if applications pile up at the FCC,” she said: “If this continues, China will likely be able to get ahead of [the U.S.] in the satellite marketplace.” Lynk and other U.S. companies "need a responsive and timely regulatory process to succeed and to help maintain American leadership in space and communications technology,” said Chief Operating Officer Margo Deckard.

“Satellite technology is advancing rapidly, and” low earth orbit “systems will benefit countless people in the U.S. and across the globe that are beyond the reach of traditional wired and wireless networks,” said Julie Zoller, Amazon Project Kuiper global regulatory affairs head. “Congress and the FCC can safeguard this progress and ensure American leadership with policies and rules that promote innovation, competition, and affordable options for consumers.”

Kari Bingen, Aerospace Security Project director-Center for Strategic and International Studies, believes the FCC “should take care to strike the appropriate balance between burdensome regulation and market development.” Simple “changes such as providing additional clarity and establishing defined approval timelines, adhering to deadlines on public comment periods, and opening communication channels with commercial companies submitting licensing requests can have an enormous impact as commercial competition and the pace of that competition intensifies,” she said.

Rodgers and other lawmakers also focused significant attention on satellite spectrum access. "Many existing and proposed satellite systems raise novel questions about the use of space and spectrum that the FCC’s rules do not address," Rodgers said. Large non-geostationary satellite systems "use spectrum more intensely than other types of satellite systems" and are "required to share spectrum, and the rules that govern sharing will be a critical ingredient to their success." The "use of this spectrum raises complex challenges that U.S. and international regulators must address," Latta said.

Rep. Anna Eshoo, D-Calif., said satellite companies should "have a share" of the $65 billion in connectivity money included in the 2021 Infrastructure Investment and Jobs Act. House Communications "really needs to look to NTIA and what they are doing" with disbursing the bulk of the IIJA connectivity money because "while satellite was not left out of this," subcommittee members need to help "assist" in ensuring the industry receives its piece of the pie, she said: "We have to make sure that those dollars are used very, very well."