[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1103 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1103
To amend the Communications Act of 1934 to prohibit franchising
authorities from requiring approval for the sale of cable systems, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Burgess introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To amend the Communications Act of 1934 to prohibit franchising
authorities from requiring approval for the sale of cable systems, 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 ``Consumer Access to Broadband for
Local Economies and Competition Act'' or the ``CABLE Competition Act''.
SEC. 2. SALES OF CABLE SYSTEMS.
(a) In General.--Section 627 of the Communications Act of 1934 (47
U.S.C. 547) is amended to read:
``SEC. 627. CONDITIONS OF SALE OR TRANSFER.
``(a) Value of Cable System Upon Sale or Transfer.--
``(1) After denial of franchise renewal.--If a renewal of a
franchise held by a cable operator is denied and the
franchising authority acquires ownership of the cable system or
effects a transfer of ownership of the system to another
person, any such acquisition or transfer shall be at fair
market value, determined on the basis of the cable system
valued as a going concern but with no value allocated to the
franchise itself.
``(2) After revocation of franchise for cause.--If a
franchise held by a cable operator is revoked for cause and the
franchising authority acquires ownership of the cable system or
effects a transfer of ownership of the system to another
person, any such acquisition or transfer shall be at fair
market value.
``(b) Limitations on Authority of Franchising Authority With
Respect to Transfer of Franchise.--
``(1) In general.--A franchising authority may not--
``(A) preclude a cable operator from transferring a
franchise to a person to which such franchise was not
initially granted; or
``(B) require a cable operator to which a franchise
is initially granted to receive approval from the
franchising authority for the transfer of such
franchise to a person who to which such franchise was
not initially granted.
``(2) Notification.--In the case of the transfer of a
franchise to a person to which such franchise was not
originally granted, a franchising authority may require a cable
operator to which a franchise was initially granted to, not
later than 15 days after a transfer of a franchise, notify the
franchising authority in writing of such transfer.
``(3) Transfer defined.--In this subsection, the term
`transfer' means the assignment rights under a franchise
through any transaction, including a merger, sale, assignment,
restructuring, or transfer of control of a cable operator or a
cable system.''.
(b) Effective Date.--This section, and the amendments made by
subsection (a), shall take effect 6 months after the date of the
enactment of this Act.
(c) Application.--This section, and the amendment made by
subsection (a), shall apply to a franchise granted--
(1) on or after the effective date established by
subsection (b); or
(2) before such date, if such franchise (including any
renewal term thereof) is in effect on such date.
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