Pickering Introduces Bill to Limit Length of FCC Merger Reviews

(August 11, 1999) Rep. Chip Pickering introduced a bill on August 5 to limit the Federal Communication Commission to 60 days in most merger and acquisition reviews. The bill is one of several that would limit the FCC.

Related Pages
Summary of Bills Pertaining to Antitrust Merger Reviews.
HR 2783 IH.

HR 2783 IH is an untitled bill that sets deadlines for Federal Communications Commission decisions on license transfers and line acquisitions. Under this bill, the basic rule would be that the FCC would have to decide within 60 days of receiving the application.

Rep. Chip Pickering (R-MS) introduced the bill on August 5, 1999, just before the House broke for its August recess. It was referred to the House Commerce Committee, on which Rep. Pickering sits.

The bill also provides that the FCC could extend its decision once for 30 days upon a majority vote of the Commission. Also, in the case of small local exchange carriers, the deadline would be 45 days, and not be subject to extension.

Specifically, it provides:

"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 ..."

The Federal Communications Commission has been criticized for taking as much as over a year to act upon applications for license transfers in telecommunications merger and acquisition proceedings. The Pickering bill would force the FCC to accelerate its decision making in these matters.

Related Story: Commissioner Furchtgott-Roth Says FCC Extorts Companies with Non-existent Merger Review Authority, 7/23/99.

However, the FCC has also been criticized for not promulgating any regulations governing its involvement in telecommunications mergers. It has also been criticized for even exercising antitrust merger review authority, when it merely has authority to pass on license transfers.

There are three other pending bills that would also limit the time and/or authority of the FCC to act in telecommunications merger reviews.

 

Summary of FCC Merger Review Bills
Bill Title Sponsors Summary
S 467 Expeditious Action on Telecommunications Merger Act DeWine and Kohl This bill sets a basic time limit for the FCC of 180 days, with a 60 day extension.
S 1125 Telecommunications Merger Review Act McCain, Hatch, and Ashcroft This bill largely removes the FCC from the telecommunications merger review process.
HR 2533 Fairness in Telecommunications License Transfers Act Hyde This bill would require the FCC to write rules governing its review of telecom license transfers. 
HR 2783 (untitled) Pickering This bill sets a basic time limit for the FCC of 60 days, with a 30 extension.

 

Rep. Pickering

Rep. Pickering was first elected in 1996. He was appointed to the House Commerce Committee, and its Telecom Subcommittee, at the beginning of the 106th Congress. These bodies have jurisdiction over his bill. Prior to his election to Congress, Rep. Pickering was a staff assistant to Senate Majority Leader Trent Lott (R-MS). His responsibilities there included activity leading up to passage of the Telecom Act of 1996.