I 

115TH CONGRESS 

2D SESSION H. R. 7365 

To require the Federal Communications Commission to approve or deny 

a license transfer application within 180 days of submission, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2018 

Mr. FLORES (for himself, Mr. LONG, and Mr. GUTHRIE) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Federal Communications Commission to approve or deny a license transfer application within 180 

days of submission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TIME LIMITS FOR COMMISSION ACTION ON 

4 TRANSFERS AND ASSIGNMENTS. 

5 Title IV of the Communications Act of 1934 (47 

6 U.S.C. 401 et seq.) is amended by adding at the end the 

7 following: 


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1 ‘‘SEC. 417. TIME LIMITS FOR COMMISSION ACTION ON 

2 TRANSFERS AND ASSIGNMENTS. 

3 ‘‘(a) DEFINITION.—In this section, the term ‘covered 

4 application’ means an application for the transfer of con5 trol or assignment of any license or authorization subject 

6 to the jurisdiction of the Commission. 

7 ‘‘(b) REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of law, including section 309(e), the Com10 mission— 

11 ‘‘(A) shall approve or deny a covered appli12 cation; and 

13 ‘‘(B) may not designate a covered applica14 tion for hearing, unless the Commission first 

15 determines by a majority vote that a material 

16 factual question exists about misrepresentation 

17 or lack of candor by the applicant. 

18 ‘‘(2) DETERMINATION.—Except as provided in 

19 paragraph (3), the Commission shall make a deter20 mination to approve or deny a covered application 

21 during the period that begins on the date on which 

22 the applicants provide to the Commission the last 

23 submission relating to the application before the 

24 Commission issues the initial public notice seeking 

25 comment on the application and ends 180 days 

26 thereafter. 


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1 ‘‘(3) EXTENSIONS.— 

2 ‘‘(A) IN GENERAL.— 

3 ‘‘(i) REQUEST.—During the 180-day 

4 review period described under paragraph 

5 (2)(A), the Commission may apply to the 

6 United States District Court for the Dis7 trict of Columbia for an extension of that 

8 period for an additional 30 days by filing 

9 a motion to extend that references this sec10 tion. 

11 ‘‘(ii) COURT DETERMINATION.—The 

12 court may grant an extension of the 180- 

13 day review period requested under clause 

14 (i) if— 

15 ‘‘(I) the court finds that the ap16 plicants for the transfer of control or 

17 assignment have not substantially 

18 complied in a timely manner with a 

19 reasonable request by the Commission 

20 for information; 

21 ‘‘(II) the Commission shows, by 

22 clear and convincing evidence, that 

23 the Commission is unable to complete 

24 review within the 180-day review pe25 riod; or 


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1 ‘‘(III) an Executive agency (as 

2 defined in section 105 of title 5, 

3 United States Code) has requested in 

4 writing that the Commission delay a 

5 determination pending the Executive 

6 agency’s national security review of 

7 the transfer of control or assignment. 

8 ‘‘(B) ADDITIONAL EXTENSIONS.—The 

9 Commission may request, and the court may 

10 grant, additional 30-day extensions in the same 

11 manner as an initial extension under subpara12 graph (A). 

13 ‘‘(c) APPROVAL ABSENT COMMISSION ACTION.— 

14 ‘‘(1) IN GENERAL.—A covered application shall 

15 be deemed approved without conditions if the Com16 mission does not approve or deny the application or 

17 apply for an extension during the applicable period 

18 under subsection (b). 

19 ‘‘(2) PENDING LITIGATION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), if the 180-day review period 

22 under subsection (b)(2) has expired, the Com23 mission may not deny a covered application or 

24 approve a covered application with conditions, 

25 during the pendency of any litigation relating to 


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1 a request by the Commission for an extension 

2 under subsection (b)(3) with respect to the cov3 ered application, including any time during 

4 which a court has entered a stay pending ap5 peal or administrative stay of such litigation. 

6 ‘‘(B) EXTENSION REQUEST DENIED AFTER

7 180-DAY REVIEW PERIOD.—If a request for an 

8 extension under subsection (b)(3) is denied 

9 after the expiration of the 180-day review pe10 riod under subsection (b)(2)— 

11 ‘‘(i) the Commission shall make a de12 termination to approve or deny the covered 

13 application not later than 10 days after the 

14 date on which the extension request is de15 nied; and 

16 ‘‘(ii) the covered application shall be 

17 deemed approved without conditions if the 

18 Commission does not approve or deny the 

19 application during the 10-day period de20 scribed in clause (i). 

21 ‘‘(d) BURDEN OF PERSUASION SHIFTED.—Notwith22 standing any other provision of law, including section 706 

23 of title 5, United States Code, in a judicial appeal of a 

24 Commission decision to deny a covered application, the 


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1 Commission shall bear the burden of persuasion to dem2 onstrate that the decision is— 

3 ‘‘(1) permitted under applicable statutes and 

4 regulations; and 

5 ‘‘(2) supported by the required amount of fac6 tual evidence.’’. 

7 SEC. 2. TECHNICAL AND CONFORMING AMENDMENT. 

8 Section 310(d) of the Communications Act of 1934 

9 (47 U.S.C. 310(d)) is amended, in the second sentence, 

10 by inserting before the semicolon the following: ‘‘, except 

11 as otherwise provided in section 417’’. 

12 SEC. 3. EFFECTIVE DATE. 

13 The amendment made by section 1 shall apply with 

14 respect to any covered application that is submitted to the 

15 Federal Communications Commission on or after the date 

16 of the enactment of this Act. 

Æ 


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