[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1064 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1064
To amend the Communications Act of 1934 to amend provisions relating to
franchise term and termination and provisions relating to the
elimination or modification of requirements in franchises, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2021
Mr. Mullin introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to amend provisions relating to
franchise term and termination and provisions relating to the
elimination or modification of requirements in franchises, 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 ``Cable Transparency Act''.
SEC. 2. CABLE FRANCHISE TERM AND TERMINATION.
(a) In General.--Section 626 of the Communications Act of 1934 (47
U.S.C. 546) is amended to read as follows:
``SEC. 626. FRANCHISE TERM AND TERMINATION.
``(a) Franchise Term.--A franchise shall continue in effect
(without any requirement for renewal) until the date on which the
franchise is revoked or terminated in accordance with subsection (b).
``(b) Limits.--
``(1) Prohibition against revocation; termination.--Except
as provided in paragraph (2), a franchise may not be--
``(A) revoked by a franchising authority;
``(B) terminated by a cable operator; or
``(C) revoked or terminated by operation of law,
including by a term in a franchise that revokes or
terminates such franchise on a specific date, after a
period of time, or upon the occurrence of an event.
``(2) When termination or revocation of franchise
permitted.--
``(A) Termination by cable operator.--
``(i) In general.--A cable operator may
terminate a franchise by submitting to the
franchising authority a written request for the
franchising authority to revoke such franchise.
``(ii) Time of revocation.--If the cable
operator submits a complete request under
clause (i), the franchising authority shall
revoke the franchise on the date that is 90
days after the franchising authority receives
such request.
``(iii) Deemed to be revoked.--If a
franchising authority does not approve a
request by the date required under clause (ii),
the franchise is deemed revoked on the day
after such date.
``(B) Termination by franchising authority.--A
franchising authority may revoke a franchise if the
franchising authority--
``(i) finds that the cable operator has
knowingly and willfully failed to substantially
meet a material requirement imposed by the
franchise;
``(ii) provides the cable operator a
reasonable opportunity to cure such failure,
after which the cable operator fails to cure
such failure; and
``(iii) does not waive the material
requirement or acquiesce with the failure to
substantially meet such requirement.
``(C) When request considered complete; received.--
``(i) When request considered complete.--
``(I) In general.--For the purposes
of this paragraph, a request to a
franchising authority shall be
considered complete if the cable
operator has not received a written
notice from the franchising authority
within 10 business days after the date
on which the request is received by the
franchising authority--
``(aa) stating that all the
information (including any form
or other document) required by
the franchising authority to be
submitted for the request to be
considered complete has not
been submitted; and
``(bb) identifying the
information required to be
submitted that was not
submitted.
``(II) Definition.--In this clause,
the term `received by the franchising
authority' means--
``(aa) in the case of a
request submitted
electronically, on the date on
which the request is
transmitted;
``(bb) in the case of a
request submitted in person, on
the date on which the request
is delivered to the individual
or at the location specified by
the franchising authority for
in-person submission; and
``(cc) in the case of a
request submitted in any other
manner, on the date determined
under regulations promulgated
by the Commission for the
manner in which the request is
submitted.
``(ii) When complete request considered
received.--For the purposes of this paragraph,
a complete request shall be considered received
on the date on which the cable operator submits
to the franchising authority all information
(including any form or other document) required
by the franchising authority to be submitted
for the request to be considered complete.
``(c) Review by Commission.--
``(1) Petition.--A cable operator may petition the
Commission for review of a determination by a franchising
authority to revoke a franchise under subsection (b)(2)(B).
``(2) Review.--The Commission shall review the
determination de novo.
``(3) Order.--If, based on the evidence presented during
the review, the Commission determines that the franchising
authority has not demonstrated by a preponderance of the
evidence that the franchising authority revoked the franchise
in accordance with subsection (b)(2)(B), the Commission shall
order the franchising authority to reinstate the franchise.''.
(b) Elimination or Modification of Requirement in Franchise.--
Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is
amended to read as follows:
``SEC. 625. ELIMINATION OR MODIFICATION OF REQUIREMENT IN FRANCHISE.
``(a) In General.--During the period in which a franchise is in
effect, the cable operator may obtain the elimination or modification
of any requirement in the franchise by submitting to the franchising
authority a request for the elimination or modification of such
requirement.
``(b) Elimination or Modification of Requirement in Franchise.--The
franchising authority shall eliminate or modify a requirement in
accordance with a complete request submitted under subsection (a) not
later than 120 days after receiving such request if the cable operator
demonstrates in the request--
``(1) good cause for the elimination or modification of the
requirement; and
``(2) that the mix, quality, and level of services required
by the franchise at the time the franchise was granted will be
maintained after the elimination or modification of the
requirement.
``(c) Deemed Elimination or Modification.--Except in the case of a
request for the elimination or modification of a requirement for
services relating to public, educational, or governmental access, if
the franchising authority fails to approve or deny the complete request
submitted under subsection (a) by the date described under subsection
(b), the requirement shall be deemed eliminated or modified in
accordance with the request on the day after such date.
``(d) Appeal.--
``(1) In general.--Any cable operator whose request for
elimination or modification of a requirement in a franchise
under subsection (a) has been denied by a final decision of a
franchising authority may obtain the elimination or
modification of such franchise requirements pursuant to the
provisions of section 635.
``(2) Grant of request.--In the case of any proposed
elimination or modification of a requirement in a franchise
under subsection (a), the court shall grant such elimination or
modification only if the cable operator demonstrates to the
court--
``(A) good cause for the elimination or
modification of the requirement; and
``(B) that the mix, quality, and level of services
required by the franchise at the time the franchise was
granted will be maintained after the elimination or
modification of the requirement.
``(e) When Request Considered Complete; Received.--
``(1) When request considered complete.--
``(A) In general.--For the purposes of this
section, a request to a franchising authority shall be
considered complete if the cable operator has not
received a written notice from the franchising
authority within 10 business days after the date on
which the request is received by the franchising
authority--
``(i) stating that all the information
(including any form or other document) required
by the franchising authority to be submitted
for the request to be considered complete has
not been submitted; and
``(ii) identifying the information required
to be submitted that was not submitted.
``(B) Definition.--In this paragraph, the term
`received by the franchising authority' means--
``(i) in the case of a request submitted
electronically, on the date on which the
request is transmitted;
``(ii) in the case of a request submitted
in person, on the date on which the request is
delivered to the individual or at the location
specified by the franchising authority for in-
person submission; and
``(iii) in the case of a request submitted
in any other manner, on the date determined
under regulations promulgated by the Commission
for the manner in which the request is
submitted.
``(2) When complete request considered received.--For the
purposes of this section, a complete request shall be
considered received on the date on which the cable operator
submits to the franchising authority all information (including
any form or other document) required by the franchising
authority to be submitted for the request to be considered
complete.''.
(c) Technical and Conforming Amendments.--The Communications Act of
1934 (47 U.S.C. 151 et seq.) is amended--
(1) in section 601--
(A) in paragraph (4), by striking the semicolon at
the end and inserting ``; and'';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph
(5);
(2) in section 602(9)--
(A) by striking ``initial''; and
(B) by striking ``, or renewal thereof (including a
renewal of an authorization which has been granted
subject to section 626),'';
(3) in section 611(b), by striking ``and may require as
part of a cable operator's proposal for a franchise renewal,
subject to section 626'';
(4) in section 612(b)(3)--
(A) by striking ``or as part of a proposal for
renewal, subject to section 626,''; and
(B) by striking ``, or proposal for renewal
thereof,'';
(5) in section 621(b)(3)--
(A) in subparagraph (C)(ii), by striking ``or
franchise renewal''; and
(B) in subparagraph (D)--
(i) by striking ``initial''; and
(ii) by striking ``, a franchise
renewal,'';
(6) in section 624--
(A) in subsection (b)(1), by striking ``(including
requests for renewal proposals, subject to section
626)''; and
(B) in subsection (d)(1), by striking ``or renewal
thereof'';
(7) in section 627--
(A) by striking subsection (a);
(B) in subsection (b), by inserting ``, as
described in section 626(b)(2)(B),'' after ``for
cause''; and
(C) by striking ``(b) If'' and inserting ``If'';
and
(8) in section 635A(a), by striking ``renewal,''.
(d) Effective Date; Application.--
(1) Effective date.--This section, and the amendments made
by this section, shall take effect 6 months after the date of
the enactment of this Act.
(2) Application.--This section, and the amendments made by
this section, shall apply to a franchise granted--
(A) on or after the effective date established by
paragraph (1); or
(B) before such date, if such franchise (including,
notwithstanding the amendment made by subsection
(c)(2)(B), any renewal thereof) is in effect on such
date.
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