Witnesses Voice Support for SAT Streamlining Act, Other Bills Ahead of House Hearing
Intelsat and SpaceX officials gave high marks to a draft updated version of the Satellite and Telecommunications Streamlining Act and refiled Secure Space Act (HR-675), in written testimony before a planned Wednesday House Communications Subcommittee hearing on the bills. Representatives from the FCC and Planet Labs gave more measured but positive reviews. Witnesses also spoke positively about the Leveraging American Understanding of Next-Generation Challenges Exploring Space Act (HR-682) and two other draft satellite bills the subcommittee will review Wednesday: the draft Advanced, Local Emergency Response Telecommunications Parity Act and draft Precision Agriculture Satellite Connectivity (PASC) Act. The hearing will begin at 10:30 a.m. in 2322 Rayburn.
William Richardson, FCC deputy associate general counsel-agenda review, said there’s “widespread recognition” the agency’s satellite licensing process “needs updating in light of the growing number and complexity” of the application process, but the commission wants to work “in tandem” with lawmakers on any filed version of the SAT Satellite Act, given their shared “goal of further improving and streamlining” that process. The measure, first filed in December (see 2212090064), 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.
Richardson said the FCC is working through some items the SAT Streamlining Act aims to address on its own, including a December NPRM on whether the agency should eliminate altogether its limits on non-geostationary orbit satellite systems (see 2212220055. The commission “proposed that” any “shot clocks” for licensing reviews “run from the date that applications have been determined to be complete, rather than from the date they have been filed,” he said: Lawmakers need to “balance concerns that incumbent satellite and terrestrial licensees may have about potential interference from new entrants, with the need to support growth of and competition in this rapidly changing industry through streamlined processes, adequate availability of spectrum, and effective processes for sharing spectrum where (as is increasingly the case) exclusive spectrum is no longer available.”
SpaceX believes the SAT Streamlining Act is “an important part of the solution to maintain U.S. leadership” in the satellite sector, said Senior Director-Satellite Policy David Goldman. The group supports language to allow the FCC “to examine what parts of” the application process “can be streamlined, while allowing” the commission to “defer to expert agencies on highly technical matters like orbital debris and space safety.” SpaceX has “additional recommendations” for the timeline requirements, including “a mandatory 30-day period to notice a satellite application for public comment, as well as clear statutory language imposing strict requirements with respect to when tolling the overall timeline required in the legislation could be followed,” he said.
Revisions to the bill from the version filed in December “have been quite timely given the intense activity in the space industry and ongoing regulatory proceedings” at the FCC, said Peter Davidson, Intelsat vice president-global government affairs and policy. “Intelsat believes it is important to ensure that the legislation will encourage competition, investment and innovation rather than putting a finger on the scale for one business model or another. Intelsat is committed to the health and prosperity of all orbits, and with the proper legal and regulatory frameworks, this should not be difficult to achieve.”
Planet Labs is “continuing to review" updates to the SAT Streamlining Act in the most recent draft, but appreciates its proposal to “address lengthy and unpredictable license application processing times at the FCC,” said Vice President-Regulatory Affairs and Compliance Danielle Pineres. “We also appreciate the iterative approach being taken with this legislation, with multiple discussion drafts being released and extensive feedback sought from across the satellite industry.” She noted updates include “technology neutral performance objectives and procedures which may prevent unnecessary denials of applications.”
Other Bills
Richardson noted HR-675 mirrors elements of the 2021 Secure Equipment Act in building on the 2020 Secure and Trusted Communications Networks Act’s mandate for the FCC to identify equipment vendors it deems a national security risk. HR-675 would bar the FCC from granting satellite licenses to any entity it identifies as a risk under STCNA. Richardson raised concerns that HR-675, unlike the Secure Equipment Act, “does not include” a “specific grant of rulemaking authority” to the FCC that “could facilitate” the measure’s implementation.
“While the U.S. has blocked the installation or use of Chinese hardware for telecommunications networks domestically due to security concerns, many nations have few options when it comes to telecommunications infrastructure and must rely on whoever can provide connectivity,” Goldman said: HR-675 “seeks to address some of these concerns, and in conjunction with” the SAT Streamlining Act “will help maintain U.S. leadership in this sector.” HR-675 “is yet another example of how important satellite supply chain sustainability is, especially during these uncertain times,” Davidson said.
The FCC welcomes HR-682’s “support for” FCC action on expanding commercial space industry access to spectrum, including its 2021 allocation of the 2200-2290 MHz band “for this purpose on a secondary basis,” Richardson said. The measure would require the FCC to streamline the authorization process for commercial launches. HR-682 would eliminate “redundant and cumbersome paperwork while protecting current and future federal users” in identified bands, Goldman said: It “would enable the U.S. to keep pace with the rapid growth of the commercial space industry, while maintaining important oversight.”
Streamlining “the application process” via HR-682 “will promote an essential part of our ever-evolving space economy,” Davidson said. “This will not only encourage competition, but by lowering costs and increasing launch availability, will also promote our goal of bridging the digital divide by providing connectivity to hard-to-reach and unconnected areas.”
Davidson and Pineres back the draft PASC Act, which would require the FCC to review and potentially institute changes to satellite rules to promote precision agriculture. “Precision agriculture will be necessary for efficient production and ecologically smart farming, and satellites can provide a solution,” Davidson said: “This bill, along with the upcoming farm bill can significantly advance this important initiative.”
The FCC’s Precision Ag Connectivity Task Force “incorporated a broad approach to precision agriculture needs and included satellite imagery in some of its work,” but “the statute creating the Task Force does not include direct consideration of the accessibility of satellite imagery to support precision agriculture,” Pineres said: “Planet would be pleased to work with the Committee to consider whether such a statutory change may be helpful to complement the review and report required under the draft legislation.”