Request for new franchise

Section 621 of the Communications Act of 1934 (47 U.S.C. 541) is amended by adding at the end the following:

(g)

Timing of decision on request for franchise

(1)

In general

Not later than 120 days after the date on which a franchising authority receives a complete request for the grant of a franchise (other than a renewal thereof), the franchising authority shall approve or deny such request. (2)

Deemed grant of new franchise

If the franchising authority does not approve or deny a request under paragraph (1) by the day after the date on which the time period ends under such paragraph, such request shall be deemed granted on such day. (3)

Applicability

Notwithstanding any provision of this title, the timeframe under paragraph (1) shall apply collectively to all proceedings required by a franchising authority for the approval of the request. (4)

No tolling

The timeframe under paragraph (1) may not be tolled by any moratorium, whether express or de facto, imposed by a franchising authority on the consideration of any request for a franchise. (5)

Written decision and record

Any decision by a franchising authority to deny a complete request for a franchise shall be— (A)in writing; (B)supported by substantial evidence contained in a written record; and (C)publicly released, and provided to the requesting party, on the same day such decision is made. (6)

When request considered complete; received

(A)

When request considered complete

(i)

In general

For the purposes of this subsection, a request to a franchising authority shall be considered complete if the requesting party— (I)has taken the first procedural step within the control of the requesting party that the franchising authority requires as part of the process of the franchising authority for reviewing requests related to franchises; and (II)has not received a written notice from the franchising authority within 30 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; (bb)identifying the information required to be submitted that was not submitted; and (cc)that includes a citation to a specific provision of a publicly available rule, regulation, or standard issued by the franchising authority requiring that the information be submitted with such a request. (ii)

Definition

In this subparagraph, the term the date on which the request is received by the franchising authority means— (I)in the case of a request submitted electronically, the date on which the request is transmitted; (II)in the case of a request submitted in person, the date on which the request is delivered to the individual or at the location specified by franchising authority for in-person submission; and (III)in the case of a request submitted in any other manner, the date determined under regulations promulgated by the Commission for the manner in which the request is submitted. (B)

When complete request considered received

For the purposes of this subsection, a complete request shall be considered received— (i)except as provided in clause (ii), on the date on which the requesting party 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; or (ii)in the case of a request with respect to which all such information is not submitted and that is considered complete under subparagraph (A)(i) because the requesting party has not received a written notice from the franchising authority within the period described in such subparagraph, on the day after the last day of such period.