I 
115TH CONGRESS 
1ST SESSION H. R. 3787 
To amend the Communications Act of 1934 to provide for streamlined proce-
dures for waiver petitions seeking relief for small entities from regulations 
issued by the Federal Communications Commission, to require the Com-
mission to defer the application of new regulations to small entities, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2017 
Mr. LATTA (for himself and Mr. SCHRADER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to provide for 
streamlined procedures for waiver petitions seeking relief 
for small entities from regulations issued by the Federal 
Communications Commission, to require the Commission 
to defer the application of new regulations to small enti-
ties, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Small Entity Regu-
latory Relief Opportunity Act of 2017’’. 
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SEC. 2. REGULATORY RELIEF FOR SMALL ENTITIES. 
(a) IN GENERAL.—Title I of the Communications Act 
of 1934 (47 U.S.C. 151 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 13. REGULATORY RELIEF FOR SMALL ENTITIES. 
‘‘(a) STREAMLINED PROCEDURES FOR WAIVER PE-
TITIONS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
Commission shall complete a rulemaking to establish 
streamlined procedures applicable to the filing, con-
sideration, and resolution of any petition— 
‘‘(A) seeking a waiver of a regulation 
issued by the Commission under this Act; 
‘‘(B) in which the relief sought is limited 
to small entities; and 
‘‘(C) that is filed— 
‘‘(i) by a small entity on its own be-
half or jointly with other small entities; or 
‘‘(ii) by a representative organization 
on behalf of one or more classes of small 
entities. 
‘‘(2) 
OBJECTIVES.—The 
objectives 
of 
the 
streamlined procedures established under paragraph 
(1) shall be— 
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‘‘(A) to expedite the consideration and res-
olution of petitions described in such para-
graph; and 
‘‘(B) in the case of a petition described in 
such paragraph that is filed by a small entity 
on its own behalf or jointly with other small en-
tities, to reduce the costs and procedural obliga-
tions associated with filing such petition. 
‘‘(b) DEFERRED APPLICATION OF REGULATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), in the case of a regulation 
issued by the Commission under this Act, the Com-
mission shall defer application to small entities of 
such regulation for not less than 1 year after the 
latest date on which such regulation becomes effec-
tive for an entity that is not a small entity. 
‘‘(2) EXCLUSION.—Paragraph (1) shall not 
apply if the statutory provision under which the reg-
ulation is issued expressly states that the Commis-
sion may not exercise the authority granted under 
such paragraph to defer the application of such reg-
ulation to small entities. 
‘‘(3) LIMITATIONS.—The Commission may de-
cline to grant some or all small entities a deferral 
under paragraph (1), or may grant some or all small 
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entities a deferral under such paragraph for less 
than 1 year, if— 
‘‘(A) the Commission finds (and incor-
porates the finding and a statement of reasons 
therefore in the order or other decision docu-
ment in which the regulation is adopted) that— 
‘‘(i) the regulation is principally in-
tended— 
‘‘(I) to reduce waste, fraud, and 
abuse by a small entity; or 
‘‘(II) to protect public safety; and 
‘‘(ii) no deferral or deferral for less 
than 1 year would be in the public interest; 
or 
‘‘(B) a showing has been made by the 
small entities that would benefit from the defer-
ral otherwise required by paragraph (1) that 
the benefits to such small entities of such defer-
ral are outweighed by the benefits to such small 
entities of no deferral or deferral for less than 
1 year. 
‘‘(4) REGULATIONS SUBJECT TO INFORMATION 
COLLECTION APPROVAL.—In the case of a regulation 
requiring a collection of information that is subject 
to approval under subchapter I of chapter 35 of title 
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44, United States Code, the deferral period under 
this subsection shall begin on the latest date fol-
lowing such approval on which such regulation be-
comes effective for an entity that is not a small enti-
ty. 
‘‘(5) ENTITIES THAT CEASE TO BE SMALL EN-
TITIES.—An entity that is eligible under this sub-
section for deferred application of a regulation on 
the date on which the deferral commences shall con-
tinue to be entitled to the full term of the deferral 
notwithstanding that such entity ceases to be a 
small entity, whether through a change in the defini-
tion of the term ‘small entity’ or otherwise. 
‘‘(c) SMALL ENTITY DEFINED.—In this section, the 
term ‘small entity’ means any entity that meets either of 
the following requirements: 
‘‘(1) The entity is a small entity (as defined in 
section 601 of title 5, United States Code). 
‘‘(2) With respect to a regulation applicable to 
a particular subscription service, the entity provides 
such subscription service to 2 percent or fewer of the 
consumers receiving such subscription service in the 
United States.’’. 
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(b) TRIENNIAL REGULATORY REVIEW.—Section 257 
of the Communications Act of 1934 (47 U.S.C. 257) is 
amended— 
(1) in the heading, by striking ‘‘MARKET 
ENTRY BARRIERS PROCEEDING’’ and inserting 
‘‘ELIMINATION OF MARKET ENTRY BARRIERS 
AND
UNNECESSARY
REGULATION
OF
SMALL 
ENTITIES’’; and 
(2) by adding at the end the following: 
‘‘(d) REVIEW OF APPLICATION OF REGULATIONS TO 
SMALL ENTITIES.—As part of the periodic review con-
ducted under subsection (c), the Commission shall— 
‘‘(1) review all regulations issued under this Act 
in effect at the time of the review that apply to the 
operations or activities of any provider of any service 
subject to the jurisdiction of the Commission under 
this Act; 
‘‘(2) determine whether there is good cause for 
the Commission to grant relief to some or all small 
entities (as defined in section 13) from any such 
regulation, in whole or in part; and 
‘‘(3) if the determination under paragraph (2) 
is affirmative, grant such relief by modifying such 
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regulation as such regulation applies to some or all 
small entities.’’. 
Æ 
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