[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7369 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7369

To amend the Communications Act of 1934 to amend provisions relating to 
     franchise term and termination and provisions relating to the 
  elimination or modification of requirements in franchises, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2020

  Mr. Mullin introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to amend provisions relating to 
     franchise term and termination and provisions relating to the 
  elimination or modification of requirements in franchises, 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 ``Cable Transparency Act''.

SEC. 2. CABLE FRANCHISE TERM AND TERMINATION.

    (a) In General.--Section 626 of the Communications Act of 1934 (47 
U.S.C. 546) is amended to read as follows:

``SEC. 626. FRANCHISE TERM AND TERMINATION.

    ``(a) Franchise Term.--A franchise shall continue in effect 
(without any requirement for renewal) until the date on which the 
franchise is revoked or terminated in accordance with subsection (b).
    ``(b) Limits.--
            ``(1) Prohibition against revocation; termination.--Except 
        as provided in paragraph (2), a franchise may not be--
                    ``(A) revoked by a franchising authority;
                    ``(B) terminated by a cable operator; or
                    ``(C) revoked or terminated by operation of law, 
                including by a term in a franchise that revokes or 
                terminates such franchise on a specific date, after a 
                period of time, or upon the occurrence of an event.
            ``(2) When termination or revocation of franchise 
        permitted.--
                    ``(A) Termination by cable operator.--
                            ``(i) In general.--A cable operator may 
                        terminate a franchise by submitting to the 
                        franchising authority a written request for the 
                        franchising authority to revoke such franchise.
                            ``(ii) Time of revocation.--If the cable 
                        operator submits a complete request under 
                        clause (i), the franchising authority shall 
                        revoke the franchise on the date that is 90 
                        days after the franchising authority receives 
                        such request.
                            ``(iii) Deemed to be revoked.--If a 
                        franchising authority does not approve a 
                        request by the date required under clause (ii), 
                        the franchise is deemed revoked on the day 
                        after such date.
                    ``(B) Termination by franchising authority.--A 
                franchising authority may revoke a franchise if the 
                franchising authority--
                            ``(i) finds that the cable operator has 
                        knowingly and willfully failed to substantially 
                        meet a material requirement imposed by the 
                        franchise;
                            ``(ii) provides the cable operator a 
                        reasonable opportunity to cure such failure, 
                        after which the cable operator fails to cure 
                        such failure; and
                            ``(iii) does not waive the material 
                        requirement or acquiesce with the failure to 
                        substantially meet such requirement.
            ``(3) When request considered complete; received.--
                    ``(A) In general.--For the purposes of this 
                subsection, a request shall be considered--
                            ``(i) complete if--
                                    ``(I) the cable operator makes the 
                                request by submitting to the 
                                franchising authority the form required 
                                to be used for making the request;
                                    ``(II) the form submitted contains 
                                all of the information specified by the 
                                form as being required to be included 
                                in form; and
                                    ``(III) the cable operator has not 
                                received a written notice from the 
                                franchising authority within 10 
                                business days after the date on which 
                                the request is received by the 
                                franchising authority--
                                            ``(aa) stating that the 
                                        form does not contain all of 
                                        the information required to be 
                                        included in the form; and
                                            ``(bb) identifying the 
                                        information required to be 
                                        included in the form that was 
                                        not included; and
                            ``(ii) received by franchising authority--
                                    ``(I) in the case of a request 
                                submitted electronically, on the date 
                                on which the form required to be used 
                                for making the request is transmitted;
                                    ``(II) in the case of a request 
                                submitted in person, on the date on 
                                which the form required to be used for 
                                making the request is delivered to the 
                                individual or at the location specified 
                                in the form for in-person submission; 
                                or
                                    ``(III) in the case of a request 
                                submitted in any other manner, on the 
                                date determined by the franchising 
                                authority for the manner in which the 
                                request is made.
                    ``(B) Treatment of multiple forms.--If a 
                franchising authority requires the use of multiple 
                forms for making a request under this subsection, such 
                forms shall be treated as a single form for purposes of 
                subparagraph (A).
    ``(c) Review by Commission.--
            ``(1) Petition.--A cable operator may petition the 
        Commission for review of a determination by a franchising 
        authority to revoke a franchise under subsection (b)(2)(B).
            ``(2) Review.--The Commission shall review the 
        determination de novo.
            ``(3) Order.--If, based on the evidence presented during 
        the review, the Commission determines that the franchising 
        authority has not demonstrated by a preponderance of the 
        evidence that the franchising authority revoked the franchise 
        in accordance with subsection (b)(2)(B), the Commission shall 
        order the franchising authority to reinstate the franchise.''.
    (b) Elimination or Modification of Requirement in Franchise.--
Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is 
amended to read as follows:

``SEC. 625. ELIMINATION OR MODIFICATION OF REQUIREMENT IN FRANCHISE.

    ``(a) In General.--During the period in which a franchise is in 
effect, the cable operator may obtain the elimination or modification 
of any requirement in the franchise by submitting to the franchising 
authority a request for the elimination or modification of such 
requirement.
    ``(b) Elimination or Modification of Requirement in Franchise.--The 
franchising authority shall eliminate or modify a requirement in 
accordance with a complete request submitted under subsection (a) not 
later than 120 days after receiving such request if the cable operator 
demonstrates in the request--
            ``(1) good cause for the elimination or modification of the 
        requirement; and
            ``(2) that the mix, quality, and level of services required 
        by the franchise at the time the franchise was granted will be 
        maintained after the elimination or modification of the 
        requirement.
    ``(c) Deemed Elimination or Modification.--Except in the case of a 
request for the elimination or modification of a requirement for 
services relating to public, educational, or governmental access, if 
the franchising authority fails to approve or deny the complete request 
submitted under subsection (a) by the date described under subsection 
(b), the requirement shall be deemed eliminated or modified in 
accordance with the request on the day after such date.
    ``(d) Appeal.--
            ``(1) In general.--Any cable operator whose request for 
        elimination or modification of a requirement in a franchise 
        under subsection (a) has been denied by a final decision of a 
        franchising authority may obtain the elimination or 
        modification of such franchise requirements pursuant to the 
        provisions of section 635.
            ``(2) Grant of request.--In the case of any proposed 
        elimination or modification of a requirement in a franchise 
        under subsection (a), the court shall grant such elimination or 
        modification only if the cable operator demonstrates to the 
        court--
                    ``(A) good cause for the elimination or 
                modification of the requirement; and
                    ``(B) that the mix, quality, and level of services 
                required by the franchise at the time the franchise was 
                granted will be maintained after the elimination or 
                modification of the requirement.
    ``(e) When Request Considered Complete; Received.--
            ``(1) In general.--For the purposes of this section, a 
        request shall be considered--
                    ``(A) complete if--
                            ``(i) the cable operator makes the request 
                        by submitting to the franchising authority the 
                        form required to be used for making the 
                        request;
                            ``(ii) the form submitted contains all of 
                        the information specified by the form as being 
                        required to be included in form; and
                            ``(iii) the cable operator has not received 
                        a written notice from the franchising authority 
                        within 10 business days after the date on which 
                        the request is received by the franchising 
                        authority--
                                    ``(I) stating that the form does 
                                not contain all of the information 
                                required to be included in the form; 
                                and
                                    ``(II) identifying the information 
                                required to be included in the form 
                                that was not included; and
                    ``(B) received by franchising authority--
                            ``(i) in the case of a request submitted 
                        electronically, on the date on which the form 
                        required to be used for making the request is 
                        transmitted;
                            ``(ii) in the case of a request submitted 
                        in person, on the date on which the form 
                        required to be used for making the request is 
                        delivered to the individual or at the location 
                        specified in the form for in-person submission; 
                        or
                            ``(iii) in the case of a request submitted 
                        in any other manner, on the date determined by 
                        the franchising authority for the manner in 
                        which the request is made.
            ``(2) Treatment of multiple forms.--If a franchising 
        authority requires the use of multiple forms for making a 
        request under this section, such forms shall be treated as a 
        single form for purposes of paragraph (1).''.
    (c) Technical and Conforming Amendments.--The Communications Act of 
1934 (47 U.S.C. 151 et seq.) is amended--
            (1) in section 601--
                    (A) in paragraph (4), by striking the semicolon at 
                the end and inserting ``; and'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraph (6) as paragraph 
                (5);
            (2) in section 602(9)--
                    (A) by striking ``initial''; and
                    (B) by striking ``, or renewal thereof (including a 
                renewal of an authorization which has been granted 
                subject to section 626),'';
            (3) in section 611(b), by striking ``and may require as 
        part of a cable operator's proposal for a franchise renewal, 
        subject to section 626'';
            (4) in section 612(b)(3)--
                    (A) by striking ``or as part of a proposal for 
                renewal, subject to section 626,''; and
                    (B) by striking ``, or proposal for renewal 
                thereof,'';
            (5) in section 621(b)(3)--
                    (A) in subparagraph (C)(ii), by striking ``or 
                franchise renewal''; and
                    (B) in subparagraph (D)--
                            (i) by striking ``initial''; and
                            (ii) by striking ``, a franchise 
                        renewal,'';
            (6) in section 624--
                    (A) in subsection (b)(1), by striking ``(including 
                requests for renewal proposals, subject to section 
                626)''; and
                    (B) in subsection (d)(1), by striking ``or renewal 
                thereof'';
            (7) in section 627--
                    (A) by striking subsection (a);
                    (B) in subsection (b), by inserting ``, as 
                described in section 626(b)(2)(B),'' after ``for 
                cause''; and
                    (C) by striking ``(b) If'' and inserting ``If''; 
                and
            (8) in section 635A(a), by striking ``renewal,''.
    (d) Effective Date; Application.--
            (1) Effective date.--This section, and the amendments made 
        by this section, shall take effect 6 months after the date of 
        the enactment of this Act.
            (2) Application.--This section, and the amendments made by 
        this section, shall apply to a franchise granted--
                    (A) on or after the effective date established by 
                paragraph (1); or
                    (B) before such date, if such franchise (including, 
                notwithstanding the amendment made by subsection 
                (c)(2)(B), any renewal thereof) is in effect on such 
                date.
                                 <all>