119-hr5170

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5170 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5170

 To amend the Communications Act of 1934 to preserve cable franchising 
 authority, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 8, 2025

Mr. Balderson 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, 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 ``Cable Access for Broadband and Local 
Economic Leadership Act'' or the ``CABLE Leadership Act''.

SEC. 2. REQUEST FOR NEW FRANCHISE.

 

Section 621 of the Communications Act of 1934 (47 U.S.C. 541) is 
amended by adding at the end the following:
 ``

    (g) Timing of Decision on Request for Franchise.--
 ``

    (1) In general.--Not later than 120 days after the date 
 on which a franchising authority receives a complete request 
 for the grant of a franchise (other than a renewal thereof), 
 the franchising authority shall approve or deny such request.
 ``

    (2) Deemed grant of new franchise.--If the franchising 
 authority does not approve or deny a request under paragraph

    (1) by the day after the date on which the time period ends 
 under such paragraph, such request shall be deemed granted on 
 such day.
 ``

    (3) Applicability.--Notwithstanding any provision of this 
 title, the timeframe under paragraph

    (1) shall apply 
 collectively to all proceedings required by a franchising 
 authority for the approval of the request.
 ``

    (4) No tolling.--The timeframe under paragraph

    (1) may 
 not be tolled by any moratorium, whether express or de facto, 
 imposed by a franchising authority on the consideration of any 
 request for a franchise.
 ``

    (5) Written decision and record.--Any decision by a 
 franchising authority to deny a complete request for a 
 franchise shall be--
 ``
        (A) in writing;
 ``
        (B) supported by substantial evidence contained 
 in a written record; and
 ``
            (C) publicly released, and provided to the 
 requesting party, on the same day such decision is 
 made.
 ``

    (6) When request considered complete; received.--
 ``
        (A) When request considered complete.--
 ``
            (i) In general.--For the purposes of this 
 subsection, a request to a franchising 
 authority shall be considered complete if the 
 requesting party--
 ``
            (I) has taken the first 
 procedural step within the control of 
 the requesting party that the 
 franchising authority requires as part 
 of the process of the franchising 
 authority for reviewing requests 
 related to franchises; and
 ``
            (II) has not received a written 
 notice from the franchising authority 
 within 30 days after the date on which 
 the request is received by the 
 franchising authority--
 ``

    (aa) stating that all the 
 information (including any form 
 or other document) required by 
 the franchising authority to be 
 submitted for the request to be 
 considered complete, has not 
 been submitted;
 ``

    (bb) identifying the 
 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 
 franchising authority 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 franchising authority' 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 franchising authority for 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 franchising authority all information 
 (including any form or other document) required 
 by the franchising authority 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 franchising authority within the period 
 described in such subparagraph, on the day 
 after the last day of such period.''.
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