[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7742 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7742
To amend the Communications Act of 1934 to provide for time limits for
action by the Federal Communications Commission on applications for the
transfer of control or assignment of any license or other authorization
subject to the jurisdiction of the Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2026
Mr. Pfluger (for himself and Mr. Gottheimer) 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 time limits for
action by the Federal Communications Commission on applications for the
transfer of control or assignment of any license or other authorization
subject to the jurisdiction of the Commission, 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 ``Keep It Moving Act''.
SEC. 2. TIME LIMITS FOR FCC ACTION ON APPLICATIONS FOR TRANSFER OF
CONTROL OR ASSIGNMENT.
(a) In General.--Title IV of the Communications Act of 1934 (47
U.S.C. 401 et seq.) is amended by adding at the end the following:
``SEC. 417. TIME LIMITS FOR COMMISSION ACTION ON APPLICATIONS FOR
TRANSFER OF CONTROL OR ASSIGNMENT.
``(a) Determination Regarding Completeness and Public Notice.--
``(1) In general.--Not later than 15 days after the date on
which a covered application is filed with the Commission, the
Commission shall--
``(A) determine whether or not such application is
complete; and
``(B) notify the applicant of--
``(i) the determination under subparagraph
(A); and
``(ii) if such determination is that such
application is not complete, the information
needed to make such application complete.
``(2) Filing of amended application.--
``(A) In general.--If the Commission determines
under paragraph (1)(A) or subparagraph (B)(i) of this
paragraph that a covered application is not complete,
the applicant may file an amendment to such application
to supply the information needed to make such
application complete.
``(B) Deadline.--Not later than 5 days after the
date on which an applicant files an amendment to a
covered application under subparagraph (A), the
Commission shall--
``(i) determine whether or not such
application, as amended, is complete; and
``(ii) notify such applicant of--
``(I) the determination under
clause (i); and
``(II) if such determination is
that such application is not complete,
the information needed to make such
application complete.
``(3) Deemed complete.--If the Commission does not notify
an applicant of whether or not a covered application filed by
such applicant is complete as required by paragraph (1)(B) or
(2)(B)(ii) during the period required by such paragraph, such
application shall be deemed to be complete on the day after the
last day of such period.
``(4) Public notice.--Not later than 7 days after the date
on which the Commission notifies an applicant under paragraph
(1)(B) or (2)(B)(ii) that a covered application filed by such
applicant is complete, or not later than 7 days after a covered
application is deemed to be complete under paragraph (3) or
(5), as the case may be, the Commission shall issue a public
notice formally accepting such application for filing and (if
applicable) initiating public comment with respect to such
application.
``(5) Reviewability of completeness determination.--A
determination by the Commission, or any bureau or office of the
Commission, that a covered application is not complete shall be
considered an order reviewable under section 1.106 or 1.115 of
title 47, Code of Federal Regulations (or any successor
regulation) or section 402 of this Act. If on review of such
determination it is found that the Commission, or any bureau or
office of the Commission, unreasonably determined such
application to be not complete, such application shall be
deemed to be complete on the date that is 15 days after the
date on which such application was filed with the Commission or
(in the case of a review of such a determination relating to an
application amended under paragraph (2)) on the date that is 5
days after the date on which the most recent amendment to such
application was filed with the Commission under such paragraph.
``(b) Action on Application.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (4), the Commission shall
issue a final order approving a covered application not later
than--
``(A) except as provided in subparagraph (B), the
date that is 180 days after the public notice date with
respect to such application; or
``(B) if the Commission issues a formal request for
additional information under paragraph (3) with respect
to such application or refers such application to the
Committee for the Assessment of Foreign Participation
in the United States Telecommunications Services Sector
(or any successor to such Committee), except as
provided in paragraph (2), the date that is 1 year
after the public notice date with respect to such
application.
``(2) Extension.--In the case of a covered application that
the Commission refers to the Committee for the Assessment of
Foreign Participation in the United States Telecommunications
Services Sector (or any successor to such Committee), if the
Committee (or any such successor) determines that a secondary
assessment (or similar additional review by any such successor)
of such application is warranted, the period during which the
Commission is required to approve such application under
paragraph (1)(B) may be extended by not more than 90 days, in
the discretion of the Commission.
``(3) Request for additional information.--If the
Commission determines that additional information is necessary
for review of a covered application and that a formal request
for such information should be issued to the applicant, the
Commission shall issue such request not later than the earlier
of--
``(A) the date that is 30 days after the last day
of the public comment period, if any, with respect to
such application; and
``(B) the date that is 120 days after the public
notice date with respect to such application.
``(4) Designation for hearing.--If the Commission
determines that any substantial and material question of fact
prevents the Commission from approving a covered application
under paragraph (1), the Commission shall designate such
application for hearing in accordance with section 309(e).
Notwithstanding section 309(e), the Commission shall conclude
such hearing and issue a final order approving or denying such
application not later than 15 months after the public notice
date with respect to such application.
``(5) Consequence of commission missing deadline to act.--
``(A) Writ to compel action.--If the Commission
does not issue a final order approving a covered
application during the period required by paragraph (1)
or approving or denying a covered application after a
hearing during the period required by paragraph (4),
the applicant shall be entitled to a writ issued
promptly (and in no event later than 72 hours after the
petition for such writ has been filed) by the
appropriate United States court pursuant to section
1651 of title 28, United States Code, compelling the
Commission to immediately--
``(i) approve such application; or
``(ii) file a complaint described in
subparagraph (B)(i) to seek an order permitting
the Commission to deny such application.
``(B) Court order permitting denial.--
``(i) In general.--If the Commission wishes
to deny a covered application after a writ has
been issued under subparagraph (A) with respect
to such application, the Commission may file a
complaint against the applicant in the United
States District Court for the District of
Columbia to seek an order permitting the
Commission to deny such application.
``(ii) Clear and convincing evidence.--The
court may issue an order permitting the
Commission to deny such application if the
Commission proves to the court by clear and
convincing evidence that approval of such
application is not in the public interest.
``(iii) Order.--An order issued by the
court pursuant to this subparagraph shall
include the date by which the Commission shall
be required to approve or deny the covered
application.
``(iv) Exclusive authority for denial.--
After a writ has been issued under subparagraph
(A) with respect to a covered application, the
Commission may deny such application only if
the Commission obtains an order under this
subparagraph permitting the Commission to deny
such application.
``(c) Timeliness of Filing of Additional Materials.--
``(1) In general.--Except as provided in paragraph (2), if
an applicant files a major amendment or waiver request with
respect to a covered application after the public notice date
with respect to such application, the period during which the
Commission is required to issue a final order approving such
application under subsection (b)(1), and (if applicable) the
period during which the Commission is required to issue a final
order approving or denying such application under subsection
(b)(4), may be extended by not more than 30 days, in the
discretion of the Commission.
``(2) Additional information filed upon request of
commission.--A formal request by the Commission for additional
information with respect to a covered application under
subsection (b)(3), or any submission by an applicant in
response to such a request, does not toll, restart, or
otherwise affect the period during which the Commission is
required to issue a final order approving such application
under subsection (b)(1) or (if applicable) the period during
which the Commission is required to issue a final order
approving or denying such application under subsection (b)(4).
``(d) Limitation on Delegated Authority.--Notwithstanding section
5(c), an order approving a covered application may be adopted pursuant
to a delegation under such section, but an order denying a covered
application or designating a covered application for hearing may only
be adopted by a vote of a majority of the members of the Commission
then holding office.
``(e) Inapplicability to Pro Forma Transactions.--The provisions of
this section (other than this subsection) do not apply to pro forma
transactions, which, notwithstanding any other provision of law, do not
require Commission approval in advance of the proposed transfer of
control or assignment of a license or other authorization subject to
the jurisdiction of the Commission or the proposed transfer of control
of a lessee of a spectrum lease subject to the jurisdiction of the
Commission. The holder of such a license or other authorization, or
such a lessee, that is subject to a pro forma transaction shall notify
the Commission of such transaction in writing not later than 30 days
after the date on which such transaction is completed.
``(f) Definitions.--In this section:
``(1) Complete.--The term `complete' means, with respect to
a covered application, that all of the information required by
the regulations of the Commission to be included in or filed
with such application is included in or filed with such
application.
``(2) Covered application.--The term `covered application'
means an application for--
``(A) the transfer of control or assignment of any
license or other authorization subject to the
jurisdiction of the Commission; or
``(B) the transfer of control of a lessee of a
spectrum lease subject to the jurisdiction of the
Commission.
``(3) Pro forma transaction.--The term `pro forma
transaction' means a transfer of control or assignment of any
license or other authorization subject to the jurisdiction of
the Commission, or a transfer of control of a lessee of a
spectrum lease subject to the jurisdiction of the Commission,
if the transaction is considered insubstantial or pro forma
under the rules and policies of the Commission.
``(4) Public notice date.--The term `public notice date'
means, with respect to a covered application--
``(A) the date on which the Commission issues a
public notice with respect to such application under
subsection (a)(4); or
``(B) if the Commission does not issue a public
notice with respect to such application during the
period required by subsection (a)(4), the date on which
the Commission notifies the applicant under subsection
(a)(1)(B) or (a)(2)(B)(ii) that such application is
complete, or the date on which such application is
deemed to be complete under subsection (a)(3) or
(a)(5), as the case may be.''.
(b) Applicability.--
(1) In general.--Section 417 of the Communications Act of
1934, as added by subsection (a), shall apply with respect to a
covered application that is pending with the Commission on, or
filed with the Commission on or after, the date of the
enactment of this Act.
(2) Pending applications.--In the case of a covered
application that is pending with the Commission on the date of
the enactment of this Act, the covered application shall be
treated as having been filed with the Commission on such date
of enactment for purposes of calculating the deadlines with
respect to such application under section 417 of the
Communications Act of 1934, as added by subsection (a).
(3) Pro forma transactions.--Subsection (e) of section 417
of the Communications Act of 1934, as added by subsection (a),
shall apply with respect to a pro forma transaction that is
completed on or after the date of the enactment of this Act.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered application.--The term ``covered application''
has the meaning given such term in subsection (f) of section
417 of the Communications Act of 1934, as added by subsection
(a).
(3) Pro forma transaction.--The term ``pro forma
transaction'' has the meaning given such term in subsection (f)
of section 417 of the Communications Act of 1934, as added by
subsection (a).
SEC. 3. APPEAL OF COMMISSION DECISIONS.
Section 402(b)(3) of the Communications Act of 1934 (47 U.S.C.
402(b)(3)) is amended by inserting ``, designated for hearing, granted
subject to conditions to which the applicant objects, or determined to
be not complete'' after ``denied''.
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