H.R. 5290

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5290 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5290

To amend the Communications Act of 1934 to amend provisions relating to 
franchise term and termination and provisions relating to the 
elimination or modification of requirements in franchises, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 10, 2025

Mr. Weber of Texas introduced the following bill; which was referred to 
the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Communications Act of 1934 to amend provisions relating to 
franchise term and termination and provisions relating to the 
elimination or modification of requirements in franchises, 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 ``Cable Transparency Act''.

SEC. 2. CABLE FRANCHISE TERM AND TERMINATION.

(a) Elimination or Modification of Requirement in Franchise.--
Section 625 of the Communications Act of 1934 (47 U.S.C. 545) is 
amended to read as follows:

``SEC. 625. ELIMINATION OR MODIFICATION OF REQUIREMENT IN FRANCHISE.

``(a) In General.--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.
``(b) Elimination or Modification of Requirement in Franchise.--
``(1) Requirement.--The franchising authority shall 
eliminate or modify a requirement in accordance with a complete 
request submitted under subsection (a) not later than 120 days 
after receiving such request if the cable operator demonstrates 
in the request--
``(A) good cause for the elimination or 
modification of the requirement, including the need to 
eliminate or modify the requirement--
``(i) to conform to an applicable Federal 
or State law;
``(ii) to address changes in technology; or
``(iii) in the case of a requirement 
applicable to the cable operator, due to 
commercial impracticability; and
``(B) that the mix, quality, and level of cable 
services required by the franchise at the time the 
franchise was granted will be maintained 
notwithstanding the elimination or modification of the 
requirement;
``(2) Definition.--In this subsection, the term `commercial 
impracticability' means that it is commercially impracticable 
for the operator to comply with the requirement as a result of 
a change in conditions which is beyond the control of the 
operator and the nonoccurrence of which was a basic assumption 
on which the requirement was based.
``(c) Deemed Elimination or Modification.--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 complete 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.
``(d) Appeal.--
``(1) In general.--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.
``(2) Grant of request.--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.
``(e) When Request Considered Complete.--
``(1) In general.--For the purposes of this section, a 
request to a franchising authority shall be considered complete 
if the cable operator--
``(A) has taken the first procedural step within 
the control of the cable operator that the franchising 
authority requires as part of the process established 
by the franchising authority for reviewing any requests 
related to franchises; and
``(B) has not received a written notice from the 
franchising authority within 30 days after the date on 
which the request is received by the franchising 
authority--
``(i) 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;
``(ii) identifying the information required 
to be submitted that was not submitted; and
``(iii) identifying the publicly available 
rules, regulations, or standards issued by the 
franchising authority requiring that the 
information be submitted with such a request.
``(2) Definition.--In this subsection, the term `the date 
on which the request is received by the franchising authority' 
means--
``(A) in the case of a request submitted 
electronically, the date on which the request is 
transmitted;
``(B) in the case of a request submitted in person, 
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
``(C) in the case of a request submitted in any 
other manner, the date determined under regulations 
promulgated by the Commission for the manner in which 
the request is submitted.''.
(b) In General.--Section 626 of the Communications Act of 1934 (47 
U.S.C. 546) is amended to read as follows:

``SEC. 626. FRANCHISE TERM AND TERMINATION.

``(a) Franchise Term.--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).
``(b) Limits.--
``(1) Prohibition against revocation; termination.--Except 
as provided in paragraph (2), a franchise may not be--
``(A) revoked by a franchising authority;
``(B) terminated by a cable operator; or
``(C) 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.
``(2) When termination or revocation of franchise 
permitted.--
``(A) Termination by cable operator.--
``(i) In general.--A cable operator may 
terminate a franchise by submitting to the 
franchising authority a written request for the 
franchising authority to revoke such franchise.
``(ii) Time of revocation.--If the cable 
operator submits a complete request under 
clause (i), the franchising authority shall 
revoke the franchise on the date that is 90 
days after the franchising authority receives 
such request.
``(iii) Deemed to be revoked.--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.
``(B) Termination by franchising authority.--A 
franchising authority may revoke a franchise if the 
franchising authority--
``(i) finds that the cable operator has 
knowingly and willfully failed to substantially 
meet a material requirement imposed by the 
franchise;
``(ii) provides the cable operator a 
reasonable opportunity to cure such failure, 
after which the cable operator fails to cure 
such failure; and
``(iii) does not waive the material 
requirement or acquiesce with the failure to 
substantially meet such requirement.
``(c) Review of Revocation of Franchise by Franchising Authority.--
``(1) Administrative or judicial review.--With respect to a 
determination by a franchising authority to revoke a franchise 
under subsection (b)(2)(B), a cable operator may--
``(A) petition the Commission for review of such 
determination; or
``(B) seek judicial review of such determination 
pursuant to the provisions of 635.
``(2) Commission review.--With respect to a petition for 
the review of a determination brought under paragraph (1)(A), 
the Commission shall--
``(A) review the determination de novo; and
``(B) 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 in 
accordance with subsection (b)(2)(B).
``(3) Stay of determination to revoke franchise.--A 
revocation of a franchise under subsection (b)(2)(B) may be 
stayed--
``(A) in the case the cable operator petitions the 
Commission for review of the determination on which 
such revocation is based, by the Commission; and
``(B) 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.''.
(c) Technical and Conforming Amendments.--The Communications Act of 
1934 (47 U.S.C. 151 et seq.) is amended--
(1) in section 601--
(A) in paragraph (4), by striking the semicolon at 
the end and inserting ``; and'';
(B) by striking paragraph (5); and
(C) by redesignating paragraph (6) as paragraph 
(5);
(2) in section 602(9)--
(A) by striking ``initial''; and
(B) by striking ``, or renewal thereof (including a 
renewal of an authorization which has been granted 
subject to section 626),'';
(3) 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'';
(4) in section 612(b)(3)--
(A) by striking ``or as part of a proposal for 
renewal, subject to section 626,''; and
(B) by striking ``, or proposal for renewal 
thereof,'';
(5) in section 621(b)(3)--
(A) in subparagraph (C)(ii), by striking ``or 
franchise renewal''; and
(B) in subparagraph (D)--
(i) by striking ``initial''; and
(ii) by striking ``, a franchise 
renewal,'';
(6) in section 624--
(A) in subsection (b)(1), by striking ``(including 
requests for renewal proposals, subject to section 
626)''; and
(B) in subsection (d)(1), by striking ``or renewal 
thereof''; and
(7) in section 635A(a), by striking ``renewal,''.
(d) Effective Date; Application.--
(1) Effective date.--This section, and the amendments made 
by this section, shall take effect 6 months after the date of 
the enactment of this Act.
(2) Application.--This section, and the amendments made by 
this section, shall apply to a franchise granted--
(A) on or after the effective date established by 
paragraph (1); or
(B) before such date, if--
(i) such franchise (including, any renewal 
thereof before the date of the enactment of 
this Act) is in effect on such date; or
(ii) 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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