Sec. 201. Request for new franchise
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Section 621 of the Communications Act of 1934 ( 47 U.S.C. 541 ) is amended by adding at the end the following: Not later than 120 days after the date on which a requesting party submits to a franchising authority a request for the grant of a franchise (other than a renewal thereof), the franchising authority shall approve or deny such request. 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. 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. A 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. If, not later than 30 days after the date on which a requesting party provides to a franchising authority a written notice described in subparagraph
(C)with respect to the request, the timeframe described in paragraph
(1)is tolled with respect to the request until the date on which the requesting party submits to the franchising authority a supplemental submission in response to the notice. If, not later than 10 days after the date on which a requesting party submits to the franchising authority a supplemental submission in response to a written notice described in subparagraph (A), the franchising authority provides to the requesting party a written notice described in subparagraph
(A)with respect to the supplemental submission, the timeframe under paragraph
(1)is further tolled until the date on which the requesting party submits to the franchising authority a subsequent supplemental submission in response to the notice. The written notice described in this paragraph is, with respect to a request described in paragraph
(1)or a supplemental submission described in subparagraph
(A)or
(B)submitted to a franchising authority by a requesting party, a written notice from the franchising authority to the requesting party— stating that all of 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; identifying the information described in clause
(i)that was not submitted; and including a citation to a specific provision of a publicly available rule, regulation, or standard issued by the franchising authority requiring that such information be submitted with such a request. If a written notice provided by a franchising authority to a requesting party under subparagraph
(A)with respect to a supplemental submission identifies as not having been submitted any information that was not identified as not having been submitted in the prior written notice under this subparagraph in response to which the supplemental submission was submitted, the subsequent written notice shall be treated as not having been provided to the requesting party. The timeframe under paragraph
(1)may be tolled by mutual agreement between the franchising authority and the requesting party. Any decision by a franchising authority to deny a request for a franchise shall be— in writing; supported by substantial evidence contained in a written record; and publicly released, and provided to the requesting party, on the same day such decision is made. For the purposes of this subsection, a request to a franchising authority shall be considered submitted on the date on which the requesting party takes the first procedural step within the control of the requesting party— to submit such request in accordance with the procedures established by the franchising authority for the review and approval of such a request; or in the case of a franchising authority that has not established specific procedures for the review and approval of such a request, to submit to the franchising authority the type of filing that is typically required to initiate a standard review for a request related to a franchise. .
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Sec. 201
Request for new franchise
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