,i #aaith ,,congress #ast ,session ,h4 ,r4 #ebij ,,in ,,the ,,house ,,of ,,representatives ,september #aj1 #bjbe,mr4 ,weber of ,texas 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 ,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 7#a7 ,requirement ,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 requirement1 including the need to eliminate or modify the requirement-- 7i7 to conform to an applicable ,federal or ,state law2 7ii7 to address changes in technology2 or 7iii7 in the case of a requirement applicable to the cable operator1 due to commercial impracticability2 and 7,b7 that the mix1 quality1 and level of cable services required by the franchise at the time the franchise was granted will be maintained notwithstanding the elimination or modification of the requirement2 7#b7 ,definition ,in this subsection1 the term commercial impracticability means that it is commercially impracticable for the operator to comply with the requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based4 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 seek judicial review of the decision 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 that the standards in subsection 7b7 have been met4 7e7 ,when request considered complete 7#a7 ,in general ,for the purposes of this section1 a request to a franchising authority shall be considered complete if the cable operator-- 7,a7 has taken the first procedural step within the control of the cable operator that the franchising authority requires as part of the process established by the franchising authority for reviewing any requests related to franchises2 and 7,b7 has not received a written notice from the franchising authority within #cj days after the date on which the request is received by the franchising authority-- 7i7 stating that all the information 7including any form or other document7 required by the franchising authority to be submitted for the request to be considered complete has not been submitted2 7ii7 identifying the information required to be submitted that was not submitted2 and 7iii7 identifying the publicly available rules1 regulations1 or standards issued by the franchising authority requiring that the information be submitted with such a request4 7#b7 ,definition ,in this subsection1 the term the date on which the request is received by the franchising authority means-- 7,a7 in the case of a request submitted electronically1 the date on which the request is transmitted2 7,b7 in the case of a request submitted in person1 the date on which the request is delivered to the individual or at the location specified by the franchising authority for in-person submission2 and 7,c7 in the case of a request submitted in any other manner1 the date determined under regulations promulgated by the ,commission for the manner in which the request is submitted4 4 7b7 ,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 7c7 ,review of revocation of franchise by franchising authority 7#a7 ,administrative or judicial review ,with respect to a determination by a franchising authority to revoke a franchise under subsection 7b77#b77;,b71 a cable operator may-- 7,a7 petition the ,commission for review of such determination2 or 7,b7 seek judicial review of such determination pursuant to the provisions of #fce4 7#b7 ,commission review ,with respect to a petition for the review of a determination brought under paragraph 7#a77;,a71 the ,commission shall-- 7,a7 review the determination de novo2 and 7,b7 invalidate the determination 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;,b74 7#c7 ,stay of determination to revoke franchise ,a revocation of a franchise under subsection 7b77#b77;,b7 may be stayed-- 7,a7 in the case the cable operator petitions the ,commission for review of the determination on which such revocation is based1 by the ,commission2 and 7,b7 in the case the cable operator seeks judicial review of the determination on which such revocation is based1 by the court in which the cable operator seeks judicial review of the determination4 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 and 7#g7 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-- 7i7 such franchise 7including1 any renewal thereof before the date of the enactment of this ,act7 is in effect on such date2 or 7ii7 such franchise is expired and the cable operator has continued to perform under the provisions of such franchise as if such franchise were not expired4