Connecting And Building Lines for Expedited Expansion Act or the CABLE Expansion Act
This bill modifies the requirements governing decisions about the placement, construction, or modification of equipment and related facilities that are used in or attached to cable communications systems.
Specifically, state or local governments, their instrumentalities, or franchise authorities (state or local entities that regulate certain aspects of cable operators) may not regulate the placement, construction, or modification of cable equipment or facilities in a manner that effectively prohibits a cable operator from providing or enhancing its service under a franchise granted by one of those entities.
Additionally, the bill requires those entities to approve or deny a complete request to place, construct, or modify cable equipment or facilities within specified time frames. Failure to respond to the request within the specified time frame deems it automatically approved. Further, the bill requires that any denial of a request must be in writing, supported by substantial evidence contained in a written record, and publicly released at the same time as the decision is made.
The bill also permits an entity to charge fees for considering requests provided that the fees are (1) nondiscriminatory, (2) publicly disclosed in advance, and (3) based on actual and direct costs.
The modifications concerning the time frames for decisions and the fees apply retroactively to requests that are submitted prior to the enactment of the bill but have not been approved or denied.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3330 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3330
To amend the Communications Act of 1934 to preserve cable franchising
authority, provide for faster deployment of cable and other services,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2023
Mrs. Lesko introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to preserve cable franchising
authority, provide for faster deployment of cable and other services,
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 ``Connecting And Building Lines for
Expedited Expansion Act'' or the ``CABLE Expansion Act''.
SEC. 2. REQUEST REGARDING PLACEMENT, CONSTRUCTION, OR MODIFICATION OF
CABLE EQUIPMENT.
Section 624 of the Communications Act of 1934 (47 U.S.C. 544) is
amended by adding at the end the following:
``(j) Request Regarding Placement, Construction, or Modification of
Facilities.--
``(1) No effect on authority of certain entities.--Except
as provided in this subsection, nothing in this title shall
limit or affect the authority of a covered entity over--
``(A) decisions regarding the placement,
construction, or modification of a covered equipment
within the jurisdiction of such covered entity; or
``(B) safety standards for the placement,
construction, or modification of such a covered
equipment.
``(2) Limitations.--
``(A) Ability to provide or enhance cable
service.--With respect to the regulation by a covered
entity of the placement, construction, or modification
of a covered equipment, the covered entity shall not
prohibit or have the effect of prohibiting the ability
of a cable operator to provide, improve, or enhance the
provision of service using a covered equipment under a
franchise granted by such covered entity, or within the
jurisdiction of such covered entity, as so may be the
case.
``(B) Timing of decisions on requests for
authorizations to place, construct, or modify
facility.--
``(i) Timeframe.--A covered entity shall
approve or deny a complete request for
authorization to place, construct, or modify a
covered equipment not later than--
``(I) if the request is for
authorization to place, construct, or
modify a covered equipment in or on
eligible support infrastructure, 90
days after the date on which the
covered entity receives the request;
and
``(II) if the request is not for
authorization to place, construct, or
modify a covered equipment in or on
eligible support infrastructure, 150
days after the date on which the
covered entity receives the request.
``(ii) Applicability.--Notwithstanding any
provision of this title, the applicable
timeframe under clause (i) shall apply
collectively to all proceedings required by a
covered entity for the approval of the request.
``(iii) No tolling.--A timeframe under
clause (i) may not be tolled by any moratorium,
whether express or de facto, imposed by the
covered entity on the consideration of any
request for authorization to place, construct,
or modify a covered equipment.
``(iv) Written decision and record.--Any
decision by a covered entity to deny a complete
request for authorization to place, construct,
or modify covered equipment shall be--
``(I) in writing;
``(II) supported by substantial
evidence contained in a written record;
and
``(III) publicly released, and
provided to the requesting party, on
the same day such decision is made.
``(v) Deemed granted.--If a covered entity
fails to grant or deny a complete request by
the applicable deadline under subparagraph
(A)(i), the request shall be deemed granted and
authorized on the date on which the covered
entity receives written notice of the failure
from the requesting party.
``(3) When request considered complete; received.--
``(A) When request considered complete.--
``(i) In general.--For the purposes of this
subsection, a request to a covered entity shall
be considered complete if the requesting
party--
``(I) has taken the first
procedural step within the control of
the requesting party--
``(aa) that the covered
entity requires as part of the
process for reviewing such
requests; or
``(bb) to submit the type
of filing that is typically
required to initiate a standard
review for a similar request in
a jurisdiction that has not
established specific procedures
for the relevant review and
approval of such a request; and
``(II) has not received a written
notice from the covered entity within
30 days after the date on which the
request is received by the covered
entity--
``(aa) stating that all the
information (including any form
or other document) required by
the covered entity to be
submitted for the request to be
considered complete has not
been submitted;
``(bb) identifying
information required to be
submitted that was not
submitted; and
``(cc) that includes a
citation to a specific
provision of a publicly
available rule, regulation, or
standard issued by the
government requiring that the
information be submitted with
such a request.
``(ii) Definition.--In this subparagraph,
the term `the date on which the request is
received by the covered entity' means--
``(I) in the case of a request
submitted electronically, the date on
which the request is transmitted;
``(II) in the case of a request
submitted in person, the date on which
the request is delivered to the
individual or at the location specified
by the covered entity or in-person
submission; and
``(III) in the case of a request
submitted in any other manner, the date
determined under regulations
promulgated by the Commission for the
manner in which the request is
submitted.
``(B) When complete request considered received.--
For the purposes of this subsection, a complete request
shall be considered received--
``(i) except as provided in clause (ii), on
the date on which the requesting party submits
to the covered entity all information
(including any form or other document) required
by the covered entity to be submitted for the
request to be considered complete; or
``(ii) in the case of a request with
respect to which all such information is not
submitted and that is considered complete under
subparagraph (A)(i) because the requesting
party has not received a written notice from
the covered entity within the period described
in such subparagraph, on the day after the last
day of such period.
``(4) Fees.--
``(A) In general.--A covered entity may charge a
fee that meets the requirements under subparagraph (B)
to consider a request for authorization to place,
construct, or modify covered equipment.
``(B) Requirements.--A fee charged under
subparagraph (A) shall be--
``(i) competitively neutral, technology
neutral, and nondiscriminatory;
``(ii) publicly disclosed in advance;
``(iii) calculated--
``(I) based on actual and direct
costs for--
``(aa) review and
processing of requests; and
``(bb) repairs and
replacement of--
``(AA) components
and materials resulting
from and affected by
the placement,
construction, or
modification (including
the installation or
improvement) of covered
equipment; or
``(BB) the
modification (including
the improvement) of
eligible support
infrastructure, or
repairs and replacement
of equipment that
facilitates the
placement,
construction, or
modification (including
the installation or
improvement) of such
facilities or the
modification (including
the improvement) of
such structures; and
``(II) using, for purposes of
subclause (I), only costs that are
objectively reasonable; and
``(III) described to a requesting
party in a manner that distinguishes
between nonrecurring fees and recurring
fees.
``(C) No relation to franchise fees.--A fee charged
under this paragraph to consider a request for
authorization to place, construct, or modify covered
equipment may not be considered a franchise fee under
section 622.
``(5) Definitions.--In this subsection:
``(A) Covered equipment.--The term `covered
equipment' means equipment used in or attached to a
cable system.
``(B) Covered entity.--The term `covered entity'
means:
``(i) A State.
``(ii) A local government.
``(iii) An instrumentality of a State or a
local government.
``(iv) A franchising authority.
``(C) Eligible support infrastructure.--The term
`eligible support infrastructure' means infrastructure
that supports or houses a facility for communication by
wire (or is designed to and capable of supporting or
housing such facility) at the time when a complete
request to a covered entity for authorization to place,
construct, or modify covered equipment in or on the
infrastructure is received by the covered entity.''.
SEC. 3. ACTION ON PENDING REQUESTS.
(a) Application.--Paragraphs (2)(B) and (4) of section 624(j) of
the Communications Act of 1934 (47 U.S.C. 544(j)), as added by section
2, shall apply to a--
(1) request received by a covered entity (as such term is
defined in section 624(j) of the Communications Act of 1934)--
(A) before the date of the enactment of this Act;
and
(B) has not been approved or denied by the covered
entity on or before such date; and
(2) a request received by a covered entity on or after the
date of the enactment of this Act.
(b) Date of Receipt.--The date of receipt by a covered entity of a
request described under subsection (a)(1) shall be deemed to be the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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