Recognizing and Ensuring Taxpayer Access to Infrastructure Necessary for GPS and Satellite Communications Act of 2021 or the RETAIN GPS and Satellite Communications Act of 2021
This bill places conditions on entities that deploy commercial terrestrial operations in the 1525-1559 megahertz (MHz) band or the 1626.5-1660.6 MHz band of the electromagnetic spectrum. These frequency bands are traditionally used for satellite operations, including the global positioning system (GPS).
On April 19, 2020, the Federal Communications Commission approved an application for a low-power 5G wireless network in such bands despite concerns about the network interfering with GPS and other operations on adjacent bands. In its application, the entity committed to update, repair, or replace federal devices, platforms, or systems affected by its operations.
This bill requires an entity (including the previously approved entity) that deploys terrestrial operations in the designated bands to reimburse a federal agency or a person for certain costs if the entity's operations interfere with or otherwise affect the operations of the agency or person. These costs may include necessary upgrades, repairs, or replacements to satellite communication devices and related equipment, as well as expenses for engineering studies and labor. Reimbursable costs owed by the entity transfer to any assignee, successor, or purchaser of its license to deploy terrestrial operations in the designated bands.
The bill also expressly authorizes federal agencies to directly accept from the entity reimbursements for incurred costs.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2166 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2166
To provide that certain orders of the Federal Communications Commission
shall have no force or effect until certain conditions are satisfied,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2021
Mr. Inhofe (for himself, Ms. Duckworth, and Mr. Rounds) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide that certain orders of the Federal Communications Commission
shall have no force or effect until certain conditions are satisfied,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognizing and Ensuring Taxpayer
Access to Infrastructure Necessary for GPS and Satellite Communications
Act of 2021'' or the ``RETAIN GPS and Satellite Communications Act of
2021''.
SEC. 2. CONDITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered gps device.--The term ``covered GPS device''
means a device--
(A) operating to provide, using, or having embedded
operations requiring access to the Global Positioning
System satellite constellation; and
(B) that is used by the Federal Government, a non-
Federal entity, a private sector entity, or any other
person.
(3) Covered order.--The term ``covered order'' means the
order and authorization of the Commission relating to the
LightSquared Technical Working Group Report and other matters,
adopted on April 19, 2020 (FCC 20-48; IB Docket Nos. 11-109 and
12-340).
(4) Integrated platform.--The term ``integrated platform''
means a device or system that integrates Global Positioning
System capability or satellite communications capability into
the operation of the device or system, as applicable, in such a
manner that the Global Positioning System or satellite
communications capability cannot be effectively retrofitted
without replacing the device or system.
(5) Satellite communications device.--The term ``satellite
communications device'' means a device--
(A) operating to provide, using, or having embedded
operations requiring access to satellite
communications; and
(B) that is used by the Federal Government, a non-
Federal entity, a private sector entity, or any other
person.
(6) Terrestrial operations order.--The term ``terrestrial
operations order''--
(A) means an order of the Commission authorizing an
entity to deploy commercial terrestrial operations in
the 1525-1559 megahertz band or the 1626.5-1660.5
megahertz band; and
(B) includes the covered order.
(b) Restriction.--Notwithstanding any terrestrial operations order
adopted by the Commission before, on, or after the date of enactment of
this Act, no entity may deploy commercial terrestrial operations in the
1525-1559 megahertz band or the 1626.5-1660.5 megahertz band until the
date that is 90 days after the date on which the Commission determines
that the entity has satisfied, or has agreed to satisfy, all of the
requirements of this section, as applicable.
(c) Required Upgrades and Repairs.--
(1) In general.--In order to obtain authorization to deploy
commercial terrestrial operations in the 1525-1559 megahertz
band or the 1626.5-1660.5 megahertz band, a licensee shall
upgrade, repair, or replace covered GPS devices and satellite
communications devices potentially impacted by those
operations, including by bearing the costs of any modification,
repair, or replacement of equipment, spares, associated
ancillary equipment, software, facilities, operating manuals,
training, or compliance with regulations, including with regard
to--
(A) the underlying platform or system in which a
Global Positioning System capability is embedded; and
(B) satellite communications systems and equipment.
(2) Reimbursable costs for agencies.--Any costs incurred by
a Federal agency due to interference with operations, as
determined and certified in writing to the Commission by the
Federal agency experiencing interference with operations, as a
result of the operations carried out under a terrestrial
operations order, shall be reimbursed by the licensee,
including the full costs of--
(A) any engineering, equipment, software, site
acquisition, systems design, or construction;
(B) any legitimate and prudent transaction expense,
including the hiring of any necessary additional staff,
including term-limited Federal civil servants and
contractor staff;
(C) research, engineering, and other related
studies;
(D) replacing any device or integrated platform
that suffers interference as a result of the conduct of
commercial terrestrial operations in the 1525-1559
megahertz band or the 1626.5-1660.5 megahertz band with
a device or integrated platform that can provide the
same operational capability, including the currently
available version of the device or integrated platform
(or a reasonable equivalent);
(E) in the case of costs incurred by the Department
of Defense, the labor cost of Department of Defense
personnel or external personnel in engineering,
validating, and verifying any required remediation in
order to provide the Department of Defense with the
same operational capability for the affected system
before terrestrial operation in the 1525-1559 megahertz
band or the 1626.5-1660.5 megahertz band;
(F) in the case of costs incurred by any Federal
agency that is a member of the Interdepartment Radio
Advisory Committee, the labor costs of those Federal
agency personnel or external personnel in engineering,
validating, and verifying any required remediation in
order to provide any Federal agency that is a member of
the Interdepartment Radio Advisory Committee with the
same operational capability for the affected system
before terrestrial operation in the 1525-1559 megahertz
band or the 1626.5-1660.5 megahertz band; and
(G) other related expenses reasonably incurred.
(3) Reimbursable costs for other persons.--Any costs
incurred by a person, including a non-Federal or private sector
entity, due to interference with operations, as determined and
certified in writing to the Commission by the person
experiencing interference with operations, as a result of the
operations carried out under a terrestrial operations order,
shall be reimbursed by the licensee, including the full costs
of--
(A) any engineering, equipment, software, site
acquisition, systems design, or construction;
(B) replacement of satellites;
(C) any legitimate and prudent transaction expense,
including the hiring of any necessary term-limited
civil servants and contractor staff;
(D) research, engineering, and other related
studies;
(E) replacing any device or integrated platform
that suffers interference as a result of the conduct of
commercial terrestrial operations in the 1525-1559
megahertz band or the 1626.5-1660.5 megahertz band with
a device or integrated platform that can provide the
same operational capability, including the currently
available version of the device or integrated platform
(or a reasonable equivalent);
(F) the labor costs of personnel in engineering,
validating, and verifying any required remediation in
order to provide the person, company, or other private
sector entity with the same operational capability for
the affected system before terrestrial operation in the
1525-1559 megahertz band or the 1626.5-1660.5 megahertz
band; and
(G) other related expenses reasonably incurred.
(4) Transferability of reimbursable expenses to the federal
government from federal communications commission order 20-
48.--All reimbursable expenses owed to a Federal agency,
person, or other private sector entity that are causally
attributable to implementing a terrestrial operations order
shall transfer to and be borne by any assignee, successor, or
purchaser of any license that authorizes terrestrial operations
in accordance with that order.
(5) Certain payments permitted.--Notwithstanding section
1341, subchapter II of chapter 15, or section 3302 of title 31,
United States Code, a Federal agency may collect or receive any
money or other thing of value from a private entity as payment
or reimbursement under this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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