HR 2783 IH, an untitled bill.
Re: setting time limits on FCC antitrust merger reviews.
Sponsor: Rep. Chip Pickering (R-MS).
Date Introduced: August 5, 1999.
Source: Library of Congress.

See also, Tech Law Journal Summary of Bills Pertaining to Telecom Antitrust Merger Reviews in the 106th Congress.

To amend the Communications Act of 1934 to establish time limits for Federal Communications Commission review of mergers, acquisitions, and other license transfers.

IN THE HOUSE OF REPRESENTATIVES

August 5, 1999

Mr. PICKERING introduced the following bill; which was referred to the Committee on Commerce

To amend the Communications Act of 1934 to establish time limits for Federal Communications Commission review of mergers, acquisitions, and other license transfers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. TIME LIMITS ESTABLISHED.

Title IV of the Communications Act of 1934 is amended by adding after section 416 (47 U.S.C. 416) the following new section:

`SEC. 417. TIME LIMITS FOR COMMISSION ACTIONS.

`(a) PUBLIC INTEREST DETERMINATIONS-

`(1) DEADLINE FOR ACTION- The Commission shall make a determination with respect to the public interest, convenience, and necessity in connection with any application for the transfer or assignment of any license under title III, or with respect to an application for the acquisition or operation of lines under title II, not later than 60 days after the date of submittal of such application to the Commission, except as provided in paragraphs (2) and (3).

`(2) EXTENSION- The deadline for such determination may be extended for a single additional 30 days by order of the Commission approved by a majority of its members.

`(3) SHORTER DEADLINE FOR CERTAIN ACQUISITIONS INVOLVING SMALL LOCAL EXCHANGE CARRIERS- In connection with the acquisition, directly or indirectly, by one local exchange carrier or its affiliate of the securities or assets of another local exchange carrier or its affiliates where the acquiring carrier or its affiliate does not, or by reason of the acquisition will not, have direct or indirect ownership or control of more than 2 percent of the subscriber lines installed in the aggregate in the United States--

`(A) the deadline under paragraph (1) shall be 45 days after the date of submittal of the application; and

`(B) the deadline shall not be subject to extension under paragraph (2).

`(b) APPROVAL ABSENT ACTION- If the Commission does not approve or deny an application described in subsection (a) by the end of the period specified in such subsection (including any extension thereof permitted under subsection (a)(2)), the application shall be deemed approved on the day after the end of such period. Any such application deemed approved under this subsection shall be deemed approved without conditions.'.

SEC. 2. EFFECTIVE DATE.

(a) IN GENERAL- The amendment made by section 1 shall apply with respect to any application described in section 417(a)(1) of the Communications Act of 1934 (as added by this Act) that is submitted to the Federal Communications Commission on or after the date of enactment of this Act.

(b) PENDING APPLICATIONS- With respect to any application pending before the Federal Communications Commission for more than 60 days as of the date of enactment of this Act, the Commission shall approve or deny such application with or without conditions within 30 days after such date of enactment. If the Commission fails to approve or deny such applications within such 30-day period, such pending applications shall be deemed approved without condition. Section 417(a)(2) of the Communications Act of 1934 (as added by this Act) shall not apply to such pending applications.