[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4019 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4019

 To place certain constraints and limitations on the authority of the 
   Federal Communications Commission to review mergers and to impose 
conditions on licenses and other authorizations assigned or transferred 
            in the course of mergers or other transactions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2000

Mr. Pickering (for himself, Mr. Burr of North Carolina, Mr. Tauzin, Mr. 
Dingell, Mr. Boucher, Mr. Klink, Mr. Green of Texas, Mr. Hall of Texas, 
    Mr. Largent, Mr. Oxley, Mr. Deal of Georgia, and Mr. Fossella) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To place certain constraints and limitations on the authority of the 
   Federal Communications Commission to review mergers and to impose 
conditions on licenses and other authorizations assigned or transferred 
            in the course of mergers or other transactions.

    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 ``Telecommunications Merger Review Act 
of 2000''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The process by which the Federal Communications 
        Commission currently reviews, and imposes conditions upon, the 
        transfer or assignment of permits or licenses in the context of 
        a merger, or other conveyance of corporate control, is in need 
        of reform.
            (2) Currently, the Federal Communications Commission's 
        review of telecommunications industry mergers often results in 
        undue delay and introduces uncertainty into the marketplace 
        because of the unpredictable standards for that review.
            (3) The Communications Act of 1934 does not empower the 
        Federal Communications Commission, in a review of a transfer or 
        assignment of licenses, to duplicate the work of the Department 
        of Justice or the Federal Trade Commission when reviewing a 
        merger or acquisition.
            (4) The Federal Communications Commission should only deny, 
        and should impose only those conditions on, the transfer or 
        assignment of licenses under the Communications Act of 1934 as 
        necessary to ensure that applicants are in compliance with 
        existing Commission rules and regulations.

SEC. 3. MODIFICATION OF AUTHORITY TO DENY OR CONDITION LICENSES.

    Title IV of the Communications Act of 1934 (47 U.S.C. 401 et seq.) 
is amended by adding at the end the following new section:

``SEC. 417. LIMITATION ON COMMISSION AUTHORITY.

    ``(a) Limitations.--In any proceeding to approve an application to 
assign or transfer control of a license, permit, or certificate 
pursuant to the provisions of section 214 or 310, the Commission--
            ``(1) may not deny such application unless--
                    ``(A) the assignment or transfer of control will 
                result in a violation of the Commission's rules and 
                regulations in effect on the date such application is 
                received by the Commission; and
                    ``(B) such violation cannot be cured by the 
                conditional approval of the assignment or transfer of 
                control pursuant to the provisions of paragraph (2);
            ``(2) may not condition approval of such application except 
        to the extent necessary to--
                    ``(A) ensure that the assignee or transferee is in 
                compliance with all Commission rules and regulations in 
                effect on the date of such approval; or
                    ``(B) permit the orderly disposition of assets to 
                comply with such rules and regulations; and
            ``(3) shall complete all action on any such application 
        within 90 days after the date of receipt by the Commission of 
        the application, unless the applicant requests an extension.
    ``(b) Shorter Deadline for Certain Acquisitions.--In connection 
with an 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 in which the acquiring carrier or 
its affiliate does not, and 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, the 
deadline under subsection (a)(3) shall be 60 days after the date of 
receipt of the application, unless the applicant requests an 
extension.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--The amendment made by section 3 shall apply with 
respect to any application for a license or authorization described in 
section 417(a) of the Communications Act of 1934 (as added by this Act) 
that is pending on, or submitted to the Federal Communications 
Commission on or after, the date of enactment of this Act.
    (b) Deadlines for Pending Applications.--With respect to any such 
application pending before the Federal Communications Commission for 
more than 30 days as of the date of enactment of this Act, the 
Commission shall, notwithstanding section 417(a)(3) of such Act (as so 
added), complete all action on any such application within 60 days 
after such date of enactment, unless the applicant requests an 
extension.
                                 <all>