Sec. 203. Cable franchise term and termination
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Section 625 of the Communications Act of 1934 ( 47 U.S.C. 545 ) is amended to read as follows: During the period in which a franchise is in effect, 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 requirement. The franchising authority shall eliminate or modify a requirement in accordance with a request submitted under subsection
(a)not later than 120 days after the cable operator submits the request to the franchising authority if the cable operator demonstrates in the request good cause for the elimination or modification of the requirement, including the need to eliminate or modify the requirement— to conform to an applicable Federal or State law; to address changes in technology; to address competitive disparities; or in the case of a requirement applicable to the cable operator, due to commercial impracticability. Except in the case of a request for the elimination or modification of a requirement for services relating to public, educational, or governmental access, if the franchising authority fails to approve or deny the request submitted under subsection
(a)by the date described under subsection (b), the requirement shall be deemed eliminated or modified in accordance with the request on the day after such date. Any cable operator whose request for elimination or modification of a requirement in a franchise under subsection
(a)has been denied by a final decision of a franchising authority may seek judicial review of the decision pursuant to the provisions of section 635. In the case of any proposed elimination or modification of a requirement in a franchise under subsection (a), the court shall grant such elimination or modification only if the cable operator demonstrates to the court that the standards in subsection
(b)have been met. For the purposes of this section, 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. . Section 626 of the Communications Act of 1934 ( 47 U.S.C. 546 ) is amended to read as follows: A franchise shall continue in effect (without any requirement for renewal) until the date on which the franchise is revoked or terminated in accordance with subsection (b). Except as provided in paragraph (2), a franchise may not be— revoked by a franchising authority; terminated by a cable operator; or revoked or terminated by operation of law, including by a term in a franchise that revokes or terminates such franchise on a specific date, after a period of time, or upon the occurrence of an event. A cable operator may terminate a franchise by submitting to the franchising authority a written request to terminate such franchise. If the cable operator submits a written request under clause (i), the franchising authority shall revoke the franchise on the date that is 90 days after the request is submitted to the franchising authority. If a franchising authority does not approve a request by the date required under clause (ii), the franchise is deemed revoked on the day after such date. A franchising authority may revoke a franchise for cause if the franchising authority— finds that the cable operator has knowingly and willfully failed to substantially meet a material requirement imposed by the franchise; provides the cable operator a reasonable opportunity to cure such failure, after which the cable operator fails to cure such failure; and does not waive the material requirement or acquiesce with the failure to substantially meet such requirement. With respect to a determination by a franchising authority to revoke a franchise for cause under subsection (b)(2)(B), a cable operator may— petition the Commission for review of such determination; or seek judicial review of such determination pursuant to the provisions of section 635. With respect to a petition for the review of a determination brought under paragraph (1)(A), the Commission shall— review the determination de novo; and invalidate the determination if, based on the evidence presented during the review, the Commission determines that the franchising authority has not demonstrated by a preponderance of the evidence that the franchising authority revoked the franchise for cause in accordance with subsection (b)(2)(B). A revocation of a franchise for cause under subsection (b)(2)(B) may be stayed— in the case the cable operator petitions the Commission for review of the determination on which such revocation is based, by the Commission; and in the case the cable operator seeks judicial review of the determination on which such revocation is based, by the court in which the cable operator seeks judicial review of the determination. . The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— in section 601— in paragraph (4), by striking the semicolon at the end and inserting ; and ; by striking paragraph (5); and by redesignating paragraph
(6)as paragraph (5); in section 602(9)— by striking initial ; and by striking , or renewal thereof (including a renewal of an authorization which has been granted subject to section 626), ; in section 611(b), by striking and may require as part of a cable operator’s proposal for a franchise renewal, subject to section 626, ; in section 612(b)(3)— by striking or as part of a proposal for renewal, subject to section 626, ; and by striking , or proposal for renewal thereof, ; in section 621(b)(3)— in subparagraph (C)(ii), by striking or franchise renewal ; and in subparagraph (D)— by striking initial ; and by striking , a franchise renewal, ; in section 624— in subsection (b)(1), by striking (including requests for renewal proposals, subject to section 626) ; and in subsection (d)(1), by striking or renewal thereof ; in section 635A(a), by striking renewal, . This section, and the amendments made by this section, shall take effect 6 months after the date of the enactment of this Act. This section, and the amendments made by this section, shall apply to a franchise granted— on or after the effective date established by paragraph (1); or before such date, if— such franchise (including, any renewal thereof before the date of the enactment of this Act) is in effect on such date; or such franchise is expired and the cable operator has continued to perform under the provisions of such franchise as if such franchise were not expired.
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