Sec. 105. Removal of review authority from Federal Communications Commission and State entities
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In this section— the term covered transaction means any acquisition, assignment, or transfer of control of— any license, authorization, or line subject to the jurisdiction of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ); or any authorization, certificate, franchise, or other instrument issued by a State commission or franchising authority; and the terms State commission and franchising authority have the meanings given those terms in sections 3 and 602, respectively, of the Communications Act of 1934 ( 47 U.S.C. 153 , 522).
Notwithstanding any provision of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or any law or regulation of a State or political subdivision thereof, the review of the competitive impact of any proposed covered transaction shall be solely the responsibility of the Department of Justice pursuant to the antitrust laws, and neither the Federal Communications Commission nor any State commission or franchising authority shall have any authority to conduct such review. In reviewing the competitive impact of a proposed covered transaction, the Attorney General shall solicit and consider the views of the Federal Communications Commission.
A determination of the Federal Communications Commission described in paragraph
(2)with respect to a proposed covered transaction shall be limited to an assessment of whether the acquirer, assignee, or transferee meets the technical, financial, character, and citizenship qualifications that the Commission has prescribed by rule under the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) to hold that license, authorization, or line. A determination described in this paragraph is a determination pursuant to section 214(a) or 310(d) of the Communications Act of 1934 ( 47 U.S.C. 214(a) , 310(d)) as to whether a proposed covered transaction would serve the public interest, without regard to whether the determination is phrased as whether the present or future public convenience and necessity require or will require the transaction or whether the public interest, convenience, and necessity will be served by the transaction.
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Sec. 105
Removal of review authority from Federal Communications Commission and State entities
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