[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3787 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3787

  To amend the Communications Act of 1934 to provide for streamlined 
procedures for waiver petitions seeking relief for small entities from 
regulations issued by the Federal Communications Commission, to require 
  the Commission to defer the application of new regulations to small 
                   entities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2017

Mr. Latta (for himself and Mr. Schrader) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to provide for streamlined 
procedures for waiver petitions seeking relief for small entities from 
regulations issued by the Federal Communications Commission, to require 
  the Commission to defer the application of new regulations to small 
                   entities, 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 ``Small Entity Regulatory Relief 
Opportunity Act of 2017''.

SEC. 2. REGULATORY RELIEF FOR SMALL ENTITIES.

    (a) In General.--Title I of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 13. REGULATORY RELIEF FOR SMALL ENTITIES.

    ``(a) Streamlined Procedures for Waiver Petitions.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Commission shall complete 
        a rulemaking to establish streamlined procedures applicable to 
        the filing, consideration, and resolution of any petition--
                    ``(A) seeking a waiver of a regulation issued by 
                the Commission under this Act;
                    ``(B) in which the relief sought is limited to 
                small entities; and
                    ``(C) that is filed--
                            ``(i) by a small entity on its own behalf 
                        or jointly with other small entities; or
                            ``(ii) by a representative organization on 
                        behalf of one or more classes of small 
                        entities.
            ``(2) Objectives.--The objectives of the streamlined 
        procedures established under paragraph (1) shall be--
                    ``(A) to expedite the consideration and resolution 
                of petitions described in such paragraph; and
                    ``(B) in the case of a petition described in such 
                paragraph that is filed by a small entity on its own 
                behalf or jointly with other small entities, to reduce 
                the costs and procedural obligations associated with 
                filing such petition.
    ``(b) Deferred Application of Regulations.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), in the case of a regulation issued by the Commission under 
        this Act, the Commission shall defer application to small 
        entities of such regulation for not less than 1 year after the 
        latest date on which such regulation becomes effective for an 
        entity that is not a small entity.
            ``(2) Exclusion.--Paragraph (1) shall not apply if the 
        statutory provision under which the regulation is issued 
        expressly states that the Commission may not exercise the 
        authority granted under such paragraph to defer the application 
        of such regulation to small entities.
            ``(3) Limitations.--The Commission may decline to grant 
        some or all small entities a deferral under paragraph (1), or 
        may grant some or all small entities a deferral under such 
        paragraph for less than 1 year, if--
                    ``(A) the Commission finds (and incorporates the 
                finding and a statement of reasons therefore in the 
                order or other decision document in which the 
                regulation is adopted) that--
                            ``(i) the regulation is principally 
                        intended--
                                    ``(I) to reduce waste, fraud, and 
                                abuse by a small entity; or
                                    ``(II) to protect public safety; 
                                and
                            ``(ii) no deferral or deferral for less 
                        than 1 year would be in the public interest; or
                    ``(B) a showing has been made by the small entities 
                that would benefit from the deferral otherwise required 
                by paragraph (1) that the benefits to such small 
                entities of such deferral are outweighed by the 
                benefits to such small entities of no deferral or 
                deferral for less than 1 year.
            ``(4) Regulations subject to information collection 
        approval.--In the case of a regulation requiring a collection 
        of information that is subject to approval under subchapter I 
        of chapter 35 of title 44, United States Code, the deferral 
        period under this subsection shall begin on the latest date 
        following such approval on which such regulation becomes 
        effective for an entity that is not a small entity.
            ``(5) Entities that cease to be small entities.--An entity 
        that is eligible under this subsection for deferred application 
        of a regulation on the date on which the deferral commences 
        shall continue to be entitled to the full term of the deferral 
        notwithstanding that such entity ceases to be a small entity, 
        whether through a change in the definition of the term `small 
        entity' or otherwise.
    ``(c) Small Entity Defined.--In this section, the term `small 
entity' means any entity that meets either of the following 
requirements:
            ``(1) The entity is a small entity (as defined in section 
        601 of title 5, United States Code).
            ``(2) With respect to a regulation applicable to a 
        particular subscription service, the entity provides such 
        subscription service to 2 percent or fewer of the consumers 
        receiving such subscription service in the United States.''.
    (b) Triennial Regulatory Review.--Section 257 of the Communications 
Act of 1934 (47 U.S.C. 257) is amended--
            (1) in the heading, by striking ``market entry barriers 
        proceeding'' and inserting ``elimination of market entry 
        barriers and unnecessary regulation of small entities''; and
            (2) by adding at the end the following:
    ``(d) Review of Application of Regulations to Small Entities.--As 
part of the periodic review conducted under subsection (c), the 
Commission shall--
            ``(1) review all regulations issued under this Act in 
        effect at the time of the review that apply to the operations 
        or activities of any provider of any service subject to the 
        jurisdiction of the Commission under this Act;
            ``(2) determine whether there is good cause for the 
        Commission to grant relief to some or all small entities (as 
        defined in section 13) from any such regulation, in whole or in 
        part; and
            ``(3) if the determination under paragraph (2) is 
        affirmative, grant such relief by modifying such regulation as 
        such regulation applies to some or all small entities.''.
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