[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2533 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2533

    To amend the Clayton Act and the Administrative Procedures Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1999

  Mr. Hyde (for himself, Mr. Gekas, and Mr. Goodlatte) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
   and in addition to the Committee on Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Clayton Act and the Administrative Procedures Act.

    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 ``Fairness in Telecommunications 
License Transfers Act of 1999''.

SEC. 2. REPEAL OF CLAYTON ACT PROVISION.

    Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by 
striking ``in the Federal Communications Commission where applicable to 
common carriers engaged in wire or radio communication or radio 
transmission of energy;''.

SEC. 3. PROCEDURAL DEADLINES FOR INDEPENDENT REGULATORY COMMISSIONS.

    (a) Amendment.--Section 558 of title 5, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d)(1) Each independent regulatory commission shall promulgate 
rules of administrative practice and procedure for consideration in a 
reasonable time, as required by subsection (c), of all applications for 
the transfer of licenses, or the acquisition and operation of lines for 
which the commission grants authority. Such rules shall specify--
            ``(A) procedures for submitting to the party or parties 
        covered by the application requests for documents and 
        information necessary for consideration of the transfer of 
        licenses or acquisition and operation of lines, addressed in 
        the application;
            ``(B) the period of time following an application for 
        transfer of licenses or acquisition and operation of lines 
        during which the commission may submit such requests;
            ``(C) the period of time following an application for 
        transfer of licenses or acquisition and operation of lines 
        during which the commission shall approve or deny the 
        application;
            ``(D) procedures limiting ex parte communications 
        pertaining to the application for transfer of licenses or the 
        acquisition and operation of lines and requiring all ex parte 
        communications pertaining to the application for transfer of 
        licenses or the acquisition and operation of lines to be placed 
        in a public record; and
            ``(E) such other procedures as will ensure that the 
        commission's processes for consideration of all applications 
        for transfer of licenses or the acquisition and operation of 
        lines are fair, predictable, timely, open to public scrutiny, 
        and subject to judicial review.
    ``(2) Each independent regulatory commission shall promulgate rules 
defining the terms `public interest', `public convenience and 
necessity' and `public interest, convenience, and necessity' as used in 
the statutes governing the proceedings described in paragraph (1).
    ``(3) If, in considering an application for transfer of license or 
acquisition and operation of lines, an independent regulatory 
commission does not comply with the rules such commission has 
promulgated under paragraph (2), the application shall be deemed 
approved, without conditions, by such commission.
    ``(4) If an independent regulatory commission has not promulgated 
rules as required by paragraph (2), or has not followed such rules, any 
person that has applied for transfer of licenses or acquisition and 
operation of lines affected by such failure may bring an action in the 
United States District Court for the District of Columbia seeking a 
declaration that the application is deemed approved, without 
conditions, by the commission.
    ``(5) For purposes of this subsection, the term `independent 
regulatory commission' means an `agency' within the meaning of section 
552b of this title, but unless otherwise expressly provided by 
amendment to this subsection includes only the Federal Communications 
Commission.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective upon enactment, except that the actions authorized by 
paragraph (4) of section 558(d) of title 5, United States Code, as 
added by such amendment, may not be brought with respect to any failure 
by an independent regulatory commission to prescribe rules as required 
by such section unless such failure continues after one year after the 
date of enactment of this Act.
                                 <all>