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 ap-
prove or deny a license transfer application within 180 
days of submission, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TIME LIMITS FOR COMMISSION ACTION ON 
TRANSFERS AND ASSIGNMENTS. 
Title IV of the Communications Act of 1934 (47 
U.S.C. 401 et seq.) is amended by adding at the end the 
following: 
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‘‘SEC. 417. TIME LIMITS FOR COMMISSION ACTION ON 
TRANSFERS AND ASSIGNMENTS. 
‘‘(a) DEFINITION.—In this section, the term ‘covered 
application’ means an application for the transfer of con-
trol or assignment of any license or authorization subject 
to the jurisdiction of the Commission. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, including section 309(e), the Com-
mission— 
‘‘(A) shall approve or deny a covered appli-
cation; and 
‘‘(B) may not designate a covered applica-
tion for hearing, unless the Commission first 
determines by a majority vote that a material 
factual question exists about misrepresentation 
or lack of candor by the applicant. 
‘‘(2) DETERMINATION.—Except as provided in 
paragraph (3), the Commission shall make a deter-
mination to approve or deny a covered application 
during the period that begins on the date on which 
the applicants provide to the Commission the last 
submission relating to the application before the 
Commission issues the initial public notice seeking 
comment on the application and ends 180 days 
thereafter. 
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‘‘(3) EXTENSIONS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUEST.—During the 180-day 
review period described under paragraph 
(2)(A), the Commission may apply to the 
United States District Court for the Dis-
trict of Columbia for an extension of that 
period for an additional 30 days by filing 
a motion to extend that references this sec-
tion. 
‘‘(ii) COURT
DETERMINATION.—The 
court may grant an extension of the 180- 
day review period requested under clause 
(i) if— 
‘‘(I) the court finds that the ap-
plicants for the transfer of control or 
assignment have not substantially 
complied in a timely manner with a 
reasonable request by the Commission 
for information; 
‘‘(II) the Commission shows, by 
clear and convincing evidence, that 
the Commission is unable to complete 
review within the 180-day review pe-
riod; or 
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‘‘(III) an Executive agency (as 
defined in section 105 of title 5, 
United States Code) has requested in 
writing that the Commission delay a 
determination pending the Executive 
agency’s national security review of 
the transfer of control or assignment. 
‘‘(B) 
ADDITIONAL
EXTENSIONS.—The 
Commission may request, and the court may 
grant, additional 30-day extensions in the same 
manner as an initial extension under subpara-
graph (A). 
‘‘(c) APPROVAL ABSENT COMMISSION ACTION.— 
‘‘(1) IN GENERAL.—A covered application shall 
be deemed approved without conditions if the Com-
mission does not approve or deny the application or 
apply for an extension during the applicable period 
under subsection (b). 
‘‘(2) PENDING LITIGATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if the 180-day review period 
under subsection (b)(2) has expired, the Com-
mission may not deny a covered application or 
approve a covered application with conditions, 
during the pendency of any litigation relating to 
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a request by the Commission for an extension 
under subsection (b)(3) with respect to the cov-
ered application, including any time during 
which a court has entered a stay pending ap-
peal or administrative stay of such litigation. 
‘‘(B) EXTENSION REQUEST DENIED AFTER 
180-DAY REVIEW PERIOD.—If a request for an 
extension under subsection (b)(3) is denied 
after the expiration of the 180-day review pe-
riod under subsection (b)(2)— 
‘‘(i) the Commission shall make a de-
termination to approve or deny the covered 
application not later than 10 days after the 
date on which the extension request is de-
nied; and 
‘‘(ii) the covered application shall be 
deemed approved without conditions if the 
Commission does not approve or deny the 
application during the 10-day period de-
scribed in clause (i). 
‘‘(d) BURDEN OF PERSUASION SHIFTED.—Notwith-
standing any other provision of law, including section 706 
of title 5, United States Code, in a judicial appeal of a 
Commission decision to deny a covered application, the 
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Commission shall bear the burden of persuasion to dem-
onstrate that the decision is— 
‘‘(1) permitted under applicable statutes and 
regulations; and 
‘‘(2) supported by the required amount of fac-
tual evidence.’’. 
SEC. 2. TECHNICAL AND CONFORMING AMENDMENT. 
Section 310(d) of the Communications Act of 1934 
(47 U.S.C. 310(d)) is amended, in the second sentence, 
by inserting before the semicolon the following: ‘‘, except 
as otherwise provided in section 417’’. 
SEC. 3. EFFECTIVE DATE. 
The amendment made by section 1 shall apply with 
respect to any covered application that is submitted to the 
Federal Communications Commission on or after the date 
of the enactment of this Act. 
Æ 
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