CABLE Expansion Act
Bill: H.R.1061 | Sponsor: Rep. Lesko, Debbie (R-AZ)
Policy area: Science, Technology, Communications

Summary:
Connecting And Building Lines for Expedited Expansion Act or the CABLE Expansion Act
This bill modifies the requirements governing decisions about the placement, construction, or modification of a facility that provides cable service to subscribers using an easement or public right-of-way.
A franchise authority (i.e., a state or local entity that regulates certain aspects of cable operators) may not regulate the placement, construction, or modification of such facilities in a manner that effectively prohibits a cable operator from providing or enhancing its service under a franchise granted by the authority. Additionally, a franchise authority must approve or deny a complete request to place, construct, or modify a facility within specified time frames. The denial of a request must be in writing, supported by substantial evidence contained in a written record, and publicly released at the same time as the decision is made.

To amend the Communications Act of 1934 to preserve cable franchising 
                   authority, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Connecting And Building Lines for 
Expedited Expansion Act'' or the ``CABLE Expansion Act''.

SEC. 2. REQUEST REGARDING PLACEMENT, CONSTRUCTION, OR MODIFICATION OF 
              CERTAIN FACILITIES.

    Section 624 of the Communications Act of 1934 (47 U.S.C. 544) is 
amended by adding at the end the following:
    ``(j) Request Regarding Placement, Construction, or Modification of 
Certain Facilities.--
            ``(1) No affect on authority of franchising authority.--
        Except as provided in paragraph (2), and notwithstanding any 
        other provision of this section, nothing in this title shall 
        limit or affect the authority of a franchising authority over 
        decisions regarding the placement, construction, and 
        modification of a covered facility within the jurisdiction of 
        such franchising authority.
            ``(2) Limitations.--
                    ``(A) Ability to provide or enhance cable 
                service.--The regulation of the placement, 
                construction, or modification of a covered facility by 
                a franchising authority shall not prohibit or have the 
                effect of prohibiting the ability of a cable operator 
                to provide cable service, or enhance cable service 
                provided, under a franchise granted by such franchising 
                authority.
                    ``(B) Timing of decisions on requests for 
                authorizations to place, construct, or modify 
                facility.--
                            ``(i) Request for authorization to place, 
                        construct, or modify facility.--
                                    ``(I) Timeframe.--A franchising 
                                authority shall approve or deny a 
                                complete request for authorization to 
                                place, construct, or modify a covered 
                                facility not later than--
                                            ``(aa) if the request is 
                                        for authorization to place, 
                                        construct, or modify a covered 
                                        facility in or on an eligible 
                                        support infrastructure, 90 days 
                                        after the date on which the 
                                        franchising authority receives 
                                        the request; and
                                            ``(bb) if the request is 
                                        not for authorization to place, 
                                        construct modify a covered 
                                        facility in or on an eligible 
                                        support infrastructure, 150 
                                        days after the date on which 
                                        franchising authority receives 
                                        the request.
                                    ``(II) Applicability.--
                                Notwithstanding any provision of this 
                                title, the applicable timeframe under 
                                subparagraph (A) shall apply 
                                collectively to all proceedings 
                                required by a franchising authority for 
                                the approval of the request.
                                    ``(III) No tolling.--A timeframe 
                                under subparagraph (A) may not be 
                                tolled by any moratorium, whether 
                                express or de facto, imposed by a 
                                franchising authority on the 
                                consideration of any request for 
                                authorization to place, construct, or 
                                modify a facility for the provision of 
                                cable service.
                                    ``(IV) Written decision and 
                                record.--Any decision by a franchising 
                                authority to deny a complete request 
                                for authorization to place, construct, 
                                or modify a covered facility shall be--
                                            ``(aa) in writing;
                                            ``(bb) supported by 
                                        substantial evidence contained 
                                        in a written record; and
                                            ``(cc) publicly released, 
                                        contemporaneously with the 
                                        decision.
                    ``(C) When request considered complete; received.--
                            ``(i) When request considered complete.--
                                    ``(I) In general.--For the purposes 
                                of this subparagraph (B), a request to 
                                a franchising authority shall be 
                                considered complete if the requesting 
                                party has not received a written notice 
                                from the franchising authority within 
                                10 business days after the date on 
                                which the request is received by the 
                                franchising authority--
                                            ``(aa) stating that all 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; and
                                            ``(bb) identifying the 
                                        information required to be 
                                        submitted that was not 
                                        submitted.
                                    ``(II) Definition.--In this clause, 
                                the term `received by the franchising 
                                authority' means--
                                            ``(aa) in the case of a 
                                        request submitted 
                                        electronically, on the date on 
                                        which the request is 
                                        transmitted;
                                            ``(bb) in the case of a 
                                        request submitted in person, on 
                                        the date on which the request 
                                        is delivered to the individual 
                                        or at the location specified by 
                                        the franchising authority for 
                                        in-person submission; and
                                            ``(cc) in the case of a 
                                        request submitted in any other 
                                        manner, on the date determined 
                                        under regulations promulgated 
                                        by the Commission for the 
                                        manner in which the request is 
                                        submitted.
                            ``(ii) When complete request considered 
                        received.--For the purposes of subparagraph 
                        (B), a complete request shall be considered 
                        received on the date on which the requesting 
                        party submits to the franchising authority all 
                        information (including any form or other 
                        document) required by the franchising authority 
                        to be submitted for the request to be 
                        considered complete.
                    ``(D) Definitions.--In this subsection:
                            ``(i) Eligible support infrastructure.--The 
                        term `eligible support infrastructure' means 
                        infrastructure that supports or houses a 
                        facility for communication by wire (or is 
                        designed to and capable of supporting or 
                        housing such facility) at the time when a 
                        complete request to a franchising authority for 
                        authorization to place, construct, or modify a 
                        covered facility in or on the infrastructure is 
                        received by the franchising authority.
                            ``(ii) Covered facility.--The term `covered 
                        facility' means a facility--
                                    ``(I) for the provision of cable 
                                service; and
                                    ``(II) that serves subscribers 
                                using an easement or public right-of-
                                way.''.
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