This bill requires the Federal Communications Commission to approve or deny a license-transfer application within 180 days of submission. These applications relate to the transfer of control or assignment for radio-station licenses.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7365 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 7365
To require the Federal Communications Commission to approve or deny a
license transfer application within 180 days of submission, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2018
Mr. Flores (for himself, Mr. Long, and Mr. Guthrie) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To require the Federal Communications Commission to approve or deny a
license transfer application within 180 days of submission, 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. TIME LIMITS FOR COMMISSION ACTION ON TRANSFERS AND
ASSIGNMENTS.
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 TRANSFERS AND
ASSIGNMENTS.
``(a) Definition.--In this section, the term `covered application'
means an application for the transfer of control or assignment of any
license or authorization subject to the jurisdiction of the Commission.
``(b) Requirements.--
``(1) In general.--Notwithstanding any other provision of
law, including section 309(e), the Commission--
``(A) shall approve or deny a covered application;
and
``(B) may not designate a covered application for
hearing, unless the Commission first determines by a
majority vote that a material factual question exists
about misrepresentation or lack of candor by the
applicant.
``(2) Determination.--Except as provided in paragraph (3),
the Commission shall make a determination to approve or deny a
covered application during the period that begins on the date
on which the applicants provide to the Commission the last
submission relating to the application before the Commission
issues the initial public notice seeking comment on the
application and ends 180 days thereafter.
``(3) Extensions.--
``(A) In general.--
``(i) Request.--During the 180-day review
period described under paragraph (2)(A), the
Commission may apply to the United States
District Court for the District of Columbia for
an extension of that period for an additional
30 days by filing a motion to extend that
references this section.
``(ii) Court determination.--The court may
grant an extension of the 180-day review period
requested under clause (i) if--
``(I) the court finds that the
applicants for the transfer of control
or assignment have not substantially
complied in a timely manner with a
reasonable request by the Commission
for information;
``(II) the Commission shows, by
clear and convincing evidence, that the
Commission is unable to complete review
within the 180-day review period; or
``(III) an Executive agency (as
defined in section 105 of title 5,
United States Code) has requested in
writing that the Commission delay a
determination pending the Executive
agency's national security review of
the transfer of control or assignment.
``(B) Additional extensions.--The Commission may
request, and the court may grant, additional 30-day
extensions in the same manner as an initial extension
under subparagraph (A).
``(c) Approval Absent Commission Action.--
``(1) In general.--A covered application shall be deemed
approved without conditions if the Commission does not approve
or deny the application or apply for an extension during the
applicable period under subsection (b).
``(2) Pending litigation.--
``(A) In general.--Except as provided in
subparagraph (B), if the 180-day review period under
subsection (b)(2) has expired, the Commission may not
deny a covered application or approve a covered
application with conditions, during the pendency of any
litigation relating to a request by the Commission for
an extension under subsection (b)(3) with respect to
the covered application, including any time during
which a court has entered a stay pending appeal or
administrative stay of such litigation.
``(B) Extension request denied after 180-day review
period.--If a request for an extension under subsection
(b)(3) is denied after the expiration of the 180-day
review period under subsection (b)(2)--
``(i) the Commission shall make a
determination to approve or deny the covered
application not later than 10 days after the
date on which the extension request is denied;
and
``(ii) the covered application shall be
deemed approved without conditions if the
Commission does not approve or deny the
application during the 10-day period described
in clause (i).
``(d) Burden of Persuasion Shifted.--Notwithstanding any other
provision of law, including section 706 of title 5, United States Code,
in a judicial appeal of a Commission decision to deny a covered
application, the Commission shall bear the burden of persuasion to
demonstrate that the decision is--
``(1) permitted under applicable statutes and regulations;
and
``(2) supported by the required amount of factual
evidence.''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENT.
Section 310(d) of the Communications Act of 1934 (47 U.S.C. 310(d))
is amended, in the second sentence, by inserting before the semicolon
the following: ``, except as otherwise provided in section 417''.
SEC. 3. EFFECTIVE DATE.
The amendment made by section 1 shall apply with respect to any
covered application that is submitted to the Federal Communications
Commission on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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