[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2783 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2783

 To amend the Communications Act of 1934 to establish time limits for 
Federal Communications Commission review of mergers, acquisitions, and 
                        other license transfers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

Mr. Pickering introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to establish time limits for 
Federal Communications Commission review of mergers, acquisitions, and 
                        other license transfers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TIME LIMITS ESTABLISHED.

    Title IV of the Communications Act of 1934 is amended by adding 
after section 416 (47 U.S.C. 416) the following new section:

``SEC. 417. TIME LIMITS FOR COMMISSION ACTIONS.

    ``(a) Public Interest Determinations.--
            ``(1) Deadline for action.--The Commission shall make a 
        determination with respect to the public interest, convenience, 
        and necessity in connection with any application for the 
        transfer or assignment of any license under title III, or with 
        respect to an application for the acquisition or operation of 
        lines under title II, not later than 60 days after the date of 
        submittal of such application to the Commission, except as 
        provided in paragraphs (2) and (3).
            ``(2) Extension.--The deadline for such determination may 
        be extended for a single additional 30 days by order of the 
        Commission approved by a majority of its members.
            ``(3) Shorter deadline for certain acquisitions involving 
        small local exchange carriers.--In connection with the 
        acquisition, directly or indirectly, by one local exchange 
        carrier or its affiliate of the securities or assets of another 
        local exchange carrier or its affiliates where the acquiring 
        carrier or its affiliate does not, or by reason of the 
        acquisition will not, have direct or indirect ownership or 
        control of more than 2 percent of the subscriber lines 
        installed in the aggregate in the United States--
                    ``(A) the deadline under paragraph (1) shall be 45 
                days after the date of submittal of the application; 
                and
                    ``(B) the deadline shall not be subject to 
                extension under paragraph (2).
    ``(b) Approval Absent Action.--If the Commission does not approve 
or deny an application described in subsection (a) by the end of the 
period specified in such subsection (including any extension thereof 
permitted under subsection (a)(2)), the application shall be deemed 
approved on the day after the end of such period. Any such application 
deemed approved under this subsection shall be deemed approved without 
conditions.''.

SEC. 2. EFFECTIVE DATE.

    (a) In General.--The amendment made by section 1 shall apply with 
respect to any application described in section 417(a)(1) of the 
Communications Act of 1934 (as added by this Act) that is submitted to 
the Federal Communications Commission on or after the date of enactment 
of this Act.
    (b) Pending Applications.--With respect to any application pending 
before the Federal Communications Commission for more than 60 days as 
of the date of enactment of this Act, the Commission shall approve or 
deny such application with or without conditions within 30 days after 
such date of enactment. If the Commission fails to approve or deny such 
applications within such 30-day period, such pending applications shall 
be deemed approved without condition. Section 417(a)(2) of the 
Communications Act of 1934 (as added by this Act) shall not apply to 
such pending applications.
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