S.1962 - Secure Space Act of 2025 (119th Congress)
Summary
The Secure Space Act of 2025 aims to amend the Secure and Trusted Communications Networks Act of 2019. It seeks to prevent the Federal Communications Commission (FCC) from granting licenses or market access for satellite systems and earth stations to entities that produce or provide covered communications equipment or services, or their affiliates. This prohibition applies to both geostationary and nongeostationary orbit satellite systems.
The bill defines key terms such as 'affiliate,' 'blanket-licensed earth station,' 'gateway station,' and 'individually licensed earth station' to clarify the scope of the restrictions. The FCC is required to issue rules to implement these provisions within one year of the Act's enactment.
Sponsored by Senators Fischer and Lujan, the bill reflects concerns about the security and trustworthiness of communications networks, particularly those involving satellite technology.
Expected Effects
The primary effect of this bill, if enacted, would be to restrict the involvement of certain entities in the US satellite communications market. Specifically, companies that produce or provide covered communications equipment or services, along with their affiliates, would be barred from obtaining licenses or market access for satellite systems and earth stations.
This could lead to a restructuring of the satellite communications industry, potentially favoring companies not involved in producing or providing covered communications equipment. It may also spur innovation among companies seeking to circumvent these restrictions through alternative technologies or business models.
Potential Benefits
- Enhanced national security by reducing the risk of foreign interference or espionage through satellite communications.
- Increased trust in US communications networks by ensuring that critical infrastructure is not controlled by potentially compromised entities.
- Promotion of competition among companies not affiliated with those producing or providing covered communications equipment.
- Encouragement of domestic innovation and development in secure satellite communication technologies.
- Protection of US intellectual property and sensitive data transmitted via satellite.
Potential Disadvantages
- Potential delays in the deployment of new satellite communication technologies due to restrictions on certain companies.
- Increased costs for satellite services as a result of reduced competition and limited market access.
- Possible negative impacts on companies that both produce communications equipment and operate satellite systems.
- Risk of retaliatory measures from other countries that may impose similar restrictions on US companies.
- Limited access to cutting-edge technologies developed by restricted entities, potentially hindering US competitiveness in the global space industry.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the US Constitution, which grants Congress the power to regulate interstate and foreign commerce. By regulating access to the US satellite market, the bill aims to protect national security and ensure the integrity of communications networks, which falls under the purview of interstate and foreign commerce regulation.
There are no apparent conflicts with the Bill of Rights. The bill does not infringe on freedom of speech (Amendment I), as it regulates business activities rather than individual expression. It also does not violate due process (Amendment V) or equal protection (Amendment XIV), as the restrictions are applied generally to entities that meet specific criteria related to covered communications equipment or services.
However, some may argue that the bill could potentially raise concerns related to the Takings Clause (Amendment V) if it significantly diminishes the value of existing licenses or investments. However, this argument would likely depend on the specific circumstances and the extent of the economic impact on affected entities.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).