,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gcfi ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjbj,mr4 ,mullin introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to amend provisions relating to franchise term and termination and provisions relating to the elimination or modification of requirements in franchises1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cable ,transparency ,act4 #b4 ,cable franchise term and termination 7a7 ,in general ,section #fbf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edf7 is amended to read as follows3 #fbf4 ,franchise term and termination 7a7 ,franchise term ,a franchise shall continue in effect 7without any requirement for renewal7 until the date on which the franchise is revoked or terminated in accordance with subsection 7b74 7b7 ,limits 7#a7 ,prohibition against revocation2 termination ,except as provided in paragraph 7#b71 a franchise may not be-- 7,a7 revoked by a franchising authority2 7,b7 terminated by a cable operator2 or 7,c7 revoked or terminated by operation of law1 including by a term in a franchise that revokes or terminates such franchise on a specific date1 after a period of time1 or upon the occurrence of an event4 7#b7 ,when termination or revocation of franchise permitted 7,a7 ,termination by cable operator 7i7 ,in general ,a cable operator may terminate a franchise by submitting to the franchising authority a written request for the franchising authority to revoke such franchise4 7ii7 ,time of revocation ,if the cable operator submits a complete request under clause 7i71 the franchising authority shall revoke the franchise on the date that is #ij days after the franchising authority receives such request4 7iii7 ,deemed to be revoked ,if a franchising authority does not approve a request by the date required under clause 7ii71 the franchise is deemed revoked on the day after such date4 7,b7 ,termination by franchising authority ,a franchising authority may revoke a franchise if the franchising authority-- 7i7 finds that the cable operator has knowingly and willfully failed to substantially meet a material requirement imposed by the franchise2 7ii7 provides the cable operator a reasonable opportunity to cure such failure1 after which the cable operator fails to cure such failure2 and 7iii7 does not waive the material requirement or acquiesce with the failure to substantially meet such requirement4 7#c7 ,when request considered complete2 received 7,a7 ,in general ,for the purposes of this subsection1 a request shall be considered-- 7i7 complete if-- 7,i7 the cable operator makes the request by submitting to the franchising authority the form required to be used for making the request2 7,,ii7 the form submitted contains all of the information specified by the form as being required to be included in form2 and 7,,iii7 the cable operator has not received a written notice from the franchising authority within #aj business days after the date on which the request is received by the franchising authority-- 7aa7 stating that the form does not contain all of the information required to be included in the form2 and 7bb7 identifying the information required to be included in the form that was not included2 and 7ii7 received by franchising authority-- 7,i7 in the case of a request submitted electronically1 on the date on which the form required to be used for making the request is transmitted2 7,,ii7 in the case of a request submitted in person1 on the date on which the form required to be used for making the request is delivered to the individual or at the location specified in the form for in-person submission2 or 7,,iii7 in the case of a request submitted in any other manner1 on the date determined by the franchising authority for the manner in which the request is made4 7,b7 ,treatment of multiple forms ,if a franchising authority requires the use of multiple forms for making a request under this subsection1 such forms shall be treated as a single form for purposes of subparagraph 7,a74 7c7 ,review by ,commission 7#a7 ,petition ,a cable operator may petition the ,commission for review of a determination by a franchising authority to revoke a franchise under subsection 7b77#b77;,b74 7#b7 ,review ,the ,commission shall review the determination de novo4 7#c7 ,order ,if1 based on the evidence presented during the review1 the ,commission determines that the franchising authority has not demonstrated by a preponderance of the evidence that the franchising authority revoked the franchise in accordance with subsection 7b77#b77;,b71 the ,commission shall order the franchising authority to reinstate the franchise4 4 7b7 ,elimination or modification of requirement in franchise ,section #fbe of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ede7 is amended to read as follows3 #fbe4 ,elimination or modification of requirement in franchise 7a7 ,in general ,during the period in which a franchise is in effect1 the cable operator may obtain the elimination or modification of any requirement in the franchise by submitting to the franchising authority a request for the elimination or modification of such requirement4 7b7 ,elimination or modification of requirement in franchise ,the franchising authority shall eliminate or modify a requirement in accordance with a complete request submitted under subsection 7a7 not later than #abj days after receiving such request if the cable operator demonstrates in the request-- 7#a7 good cause for the elimination or modification of the requirement2 and 7#b7 that the mix1 quality1 and level of services required by the franchise at the time the franchise was granted will be maintained after the elimination or modification of the requirement4 7c7 ,deemed elimination or modification ,except in the case of a request for the elimination or modification of a requirement for services relating to public1 educational1 or governmental access1 if the franchising authority fails to approve or deny the complete request submitted under subsection 7a7 by the date described under subsection 7b71 the requirement shall be deemed eliminated or modified in accordance with the request on the day after such date4 7d7 ,appeal 7#a7 ,in general ,any cable operator whose request for elimination or modification of a requirement in a franchise under subsection 7a7 has been denied by a final decision of a franchising authority may obtain the elimination or modification of such franchise requirements pursuant to the provisions of section #fce4 7#b7 ,grant of request ,in the case of any proposed elimination or modification of a requirement in a franchise under subsection 7a71 the court shall grant such elimination or modification only if the cable operator demonstrates to the court-- 7,a7 good cause for the elimination or modification of the requirement2 and 7,b7 that the mix1 quality1 and level of services required by the franchise at the time the franchise was granted will be maintained after the elimination or modification of the requirement4 7e7 ,when request considered complete2 received 7#a7 ,in general ,for the purposes of this section1 a request shall be considered-- 7,a7 complete if-- 7i7 the cable operator makes the request by submitting to the franchising authority the form required to be used for making the request2 7ii7 the form submitted contains all of the information specified by the form as being required to be included in form2 and 7iii7 the cable operator has not received a written notice from the franchising authority within #aj business days after the date on which the request is received by the franchising authority-- 7,i7 stating that the form does not contain all of the information required to be included in the form2 and 7,,ii7 identifying the information required to be included in the form that was not included2 and 7,b7 received by franchising authority-- 7i7 in the case of a request submitted electronically1 on the date on which the form required to be used for making the request is transmitted2 7ii7 in the case of a request submitted in person1 on the date on which the form required to be used for making the request is delivered to the individual or at the location specified in the form for in-person submission2 or 7iii7 in the case of a request submitted in any other manner1 on the date determined by the franchising authority for the manner in which the request is made4 7#b7 ,treatment of multiple forms ,if a franchising authority requires the use of multiple forms for making a request under this section1 such forms shall be treated as a single form for purposes of paragraph 7#a74 4 7c7 ,technical and conforming amendments ,the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended-- 7#a7 in section #fja-- 7,a7 in paragraph 7#d71 by striking the semicolon at the end and inserting 2 and2 7,b7 by striking paragraph 7#e72 and 7,c7 by redesignating paragraph 7#f7 as paragraph 7#e72 7#b7 in section #fjb7i7-- 7,a7 by striking initial2 and 7,b7 by striking 1 or renewal thereof 7including a renewal of an authorization which has been granted subject to section #fbf712 7#c7 in section #faa7;b71 by striking and may require as part of a cable operator's proposal for a franchise renewal1 subject to section #fbf2 7#d7 in section #fab7;b77#c7-- 7,a7 by striking or as part of a proposal for renewal1 subject to section #fbf12 and 7,b7 by striking 1 or proposal for renewal thereof12 7#e7 in section #fba7;b77#c7-- 7,a7 in subparagraph 7,c77ii71 by striking or franchise renewal2 and 7,b7 in subparagraph 7,d7-- 7i7 by striking initial2 and 7ii7 by striking 1 a franchise renewal12 7#f7 in section #fbd-- 7,a7 in subsection 7b77#a71 by striking 7including requests for renewal proposals1 subject to section #fbf72 and 7,b7 in subsection 7d77#a71 by striking or renewal thereof2 7#g7 in section #fbg-- 7,a7 by striking subsection 7a72 7,b7 in subsection 7b71 by inserting 1 as described in section #fbf7;b77#b77;,b71 after for cause2 and 7,c7 by striking 7b7 ,if and inserting ,if2 and 7#h7 in section #fce;,a7a71 by striking renewal14 7d7 ,effective date2 application 7#a7 ,effective date ,this section1 and the amendments made by this section1 shall take effect #f months after the date of the enactment of this ,act4 7#b7 ,application ,this section1 and the amendments made by this section1 shall apply to a franchise granted-- 7,a7 on or after the effective date established by paragraph 7#a72 or 7,b7 before such date1 if such franchise 7including1 notwithstanding the amendment made by subsection 7c77#b77;,b71 any renewal thereof7 is in effect on such date4