H.R. 7742

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7742 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7742

To amend the Communications Act of 1934 to provide for time limits for 
action by the Federal Communications Commission on applications for the 
transfer of control or assignment of any license or other authorization 
subject to the jurisdiction of the Commission, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 26, 2026

Mr. Pfluger (for himself and Mr. Gottheimer) 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 time limits for 
action by the Federal Communications Commission on applications for the 
transfer of control or assignment of any license or other authorization 
subject to the jurisdiction of the Commission, 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 ``Keep It Moving Act''.

SEC. 2. TIME LIMITS FOR FCC ACTION ON APPLICATIONS FOR TRANSFER OF 
CONTROL OR ASSIGNMENT.

(a) In General.--Title IV of the Communications Act of 1934 (47 
U.S.C. 401 et seq.) is amended by adding at the end the following:

``SEC. 417. TIME LIMITS FOR COMMISSION ACTION ON APPLICATIONS FOR 
TRANSFER OF CONTROL OR ASSIGNMENT.

``(a) Determination Regarding Completeness and Public Notice.--
``(1) In general.--Not later than 15 days after the date on 
which a covered application is filed with the Commission, the 
Commission shall--
``(A) determine whether or not such application is 
complete; and
``(B) notify the applicant of--
``(i) the determination under subparagraph 
(A); and
``(ii) if such determination is that such 
application is not complete, the information 
needed to make such application complete.
``(2) Filing of amended application.--
``(A) In general.--If the Commission determines 
under paragraph (1)(A) or subparagraph (B)(i) of this 
paragraph that a covered application is not complete, 
the applicant may file an amendment to such application 
to supply the information needed to make such 
application complete.
``(B) Deadline.--Not later than 5 days after the 
date on which an applicant files an amendment to a 
covered application under subparagraph (A), the 
Commission shall--
``(i) determine whether or not such 
application, as amended, is complete; and
``(ii) notify such applicant of--
``(I) the determination under 
clause (i); and
``(II) if such determination is 
that such application is not complete, 
the information needed to make such 
application complete.
``(3) Deemed complete.--If the Commission does not notify 
an applicant of whether or not a covered application filed by 
such applicant is complete as required by paragraph (1)(B) or 
(2)(B)(ii) during the period required by such paragraph, such 
application shall be deemed to be complete on the day after the 
last day of such period.
``(4) Public notice.--Not later than 7 days after the date 
on which the Commission notifies an applicant under paragraph 
(1)(B) or (2)(B)(ii) that a covered application filed by such 
applicant is complete, or not later than 7 days after a covered 
application is deemed to be complete under paragraph (3) or 
(5), as the case may be, the Commission shall issue a public 
notice formally accepting such application for filing and (if 
applicable) initiating public comment with respect to such 
application.
``(5) Reviewability of completeness determination.--A 
determination by the Commission, or any bureau or office of the 
Commission, that a covered application is not complete shall be 
considered an order reviewable under section 1.106 or 1.115 of 
title 47, Code of Federal Regulations (or any successor 
regulation) or section 402 of this Act. If on review of such 
determination it is found that the Commission, or any bureau or 
office of the Commission, unreasonably determined such 
application to be not complete, such application shall be 
deemed to be complete on the date that is 15 days after the 
date on which such application was filed with the Commission or 
(in the case of a review of such a determination relating to an 
application amended under paragraph (2)) on the date that is 5 
days after the date on which the most recent amendment to such 
application was filed with the Commission under such paragraph.
``(b) Action on Application.--
``(1) In general.--Notwithstanding any other provision of 
law, except as provided in paragraph (4), the Commission shall 
issue a final order approving a covered application not later 
than--
``(A) except as provided in subparagraph (B), the 
date that is 180 days after the public notice date with 
respect to such application; or
``(B) if the Commission issues a formal request for 
additional information under paragraph (3) with respect 
to such application or refers such application to the 
Committee for the Assessment of Foreign Participation 
in the United States Telecommunications Services Sector 
(or any successor to such Committee), except as 
provided in paragraph (2), the date that is 1 year 
after the public notice date with respect to such 
application.
``(2) Extension.--In the case of a covered application that 
the Commission refers to the Committee for the Assessment of 
Foreign Participation in the United States Telecommunications 
Services Sector (or any successor to such Committee), if the 
Committee (or any such successor) determines that a secondary 
assessment (or similar additional review by any such successor) 
of such application is warranted, the period during which the 
Commission is required to approve such application under 
paragraph (1)(B) may be extended by not more than 90 days, in 
the discretion of the Commission.
``(3) Request for additional information.--If the 
Commission determines that additional information is necessary 
for review of a covered application and that a formal request 
for such information should be issued to the applicant, the 
Commission shall issue such request not later than the earlier 
of--
``(A) the date that is 30 days after the last day 
of the public comment period, if any, with respect to 
such application; and
``(B) the date that is 120 days after the public 
notice date with respect to such application.
``(4) Designation for hearing.--If the Commission 
determines that any substantial and material question of fact 
prevents the Commission from approving a covered application 
under paragraph (1), the Commission shall designate such 
application for hearing in accordance with section 309(e). 
Notwithstanding section 309(e), the Commission shall conclude 
such hearing and issue a final order approving or denying such 
application not later than 15 months after the public notice 
date with respect to such application.
``(5) Consequence of commission missing deadline to act.--
``(A) Writ to compel action.--If the Commission 
does not issue a final order approving a covered 
application during the period required by paragraph (1) 
or approving or denying a covered application after a 
hearing during the period required by paragraph (4), 
the applicant shall be entitled to a writ issued 
promptly (and in no event later than 72 hours after the 
petition for such writ has been filed) by the 
appropriate United States court pursuant to section 
1651 of title 28, United States Code, compelling the 
Commission to immediately--
``(i) approve such application; or
``(ii) file a complaint described in 
subparagraph (B)(i) to seek an order permitting 
the Commission to deny such application.
``(B) Court order permitting denial.--
``(i) In general.--If the Commission wishes 
to deny a covered application after a writ has 
been issued under subparagraph (A) with respect 
to such application, the Commission may file a 
complaint against the applicant in the United 
States District Court for the District of 
Columbia to seek an order permitting the 
Commission to deny such application.
``(ii) Clear and convincing evidence.--The 
court may issue an order permitting the 
Commission to deny such application if the 
Commission proves to the court by clear and 
convincing evidence that approval of such 
application is not in the public interest.
``(iii) Order.--An order issued by the 
court pursuant to this subparagraph shall 
include the date by which the Commission shall 
be required to approve or deny the covered 
application.
``(iv) Exclusive authority for denial.--
After a writ has been issued under subparagraph 
(A) with respect to a covered application, the 
Commission may deny such application only if 
the Commission obtains an order under this 
subparagraph permitting the Commission to deny 
such application.
``(c) Timeliness of Filing of Additional Materials.--
``(1) In general.--Except as provided in paragraph (2), if 
an applicant files a major amendment or waiver request with 
respect to a covered application after the public notice date 
with respect to such application, the period during which the 
Commission is required to issue a final order approving such 
application under subsection (b)(1), and (if applicable) the 
period during which the Commission is required to issue a final 
order approving or denying such application under subsection 
(b)(4), may be extended by not more than 30 days, in the 
discretion of the Commission.
``(2) Additional information filed upon request of 
commission.--A formal request by the Commission for additional 
information with respect to a covered application under 
subsection (b)(3), or any submission by an applicant in 
response to such a request, does not toll, restart, or 
otherwise affect the period during which the Commission is 
required to issue a final order approving such application 
under subsection (b)(1) or (if applicable) the period during 
which the Commission is required to issue a final order 
approving or denying such application under subsection (b)(4).
``(d) Limitation on Delegated Authority.--Notwithstanding section 
5(c), an order approving a covered application may be adopted pursuant 
to a delegation under such section, but an order denying a covered 
application or designating a covered application for hearing may only 
be adopted by a vote of a majority of the members of the Commission 
then holding office.
``(e) Inapplicability to Pro Forma Transactions.--The provisions of 
this section (other than this subsection) do not apply to pro forma 
transactions, which, notwithstanding any other provision of law, do not 
require Commission approval in advance of the proposed transfer of 
control or assignment of a license or other authorization subject to 
the jurisdiction of the Commission or the proposed transfer of control 
of a lessee of a spectrum lease subject to the jurisdiction of the 
Commission. The holder of such a license or other authorization, or 
such a lessee, that is subject to a pro forma transaction shall notify 
the Commission of such transaction in writing not later than 30 days 
after the date on which such transaction is completed.
``(f) Definitions.--In this section:
``(1) Complete.--The term `complete' means, with respect to 
a covered application, that all of the information required by 
the regulations of the Commission to be included in or filed 
with such application is included in or filed with such 
application.
``(2) Covered application.--The term `covered application' 
means an application for--
``(A) the transfer of control or assignment of any 
license or other authorization subject to the 
jurisdiction of the Commission; or
``(B) the transfer of control of a lessee of a 
spectrum lease subject to the jurisdiction of the 
Commission.
``(3) Pro forma transaction.--The term `pro forma 
transaction' means a transfer of control or assignment of any 
license or other authorization subject to the jurisdiction of 
the Commission, or a transfer of control of a lessee of a 
spectrum lease subject to the jurisdiction of the Commission, 
if the transaction is considered insubstantial or pro forma 
under the rules and policies of the Commission.
``(4) Public notice date.--The term `public notice date' 
means, with respect to a covered application--
``(A) the date on which the Commission issues a 
public notice with respect to such application under 
subsection (a)(4); or
``(B) if the Commission does not issue a public 
notice with respect to such application during the 
period required by subsection (a)(4), the date on which 
the Commission notifies the applicant under subsection 
(a)(1)(B) or (a)(2)(B)(ii) that such application is 
complete, or the date on which such application is 
deemed to be complete under subsection (a)(3) or 
(a)(5), as the case may be.''.
(b) Applicability.--
(1) In general.--Section 417 of the Communications Act of 
1934, as added by subsection (a), shall apply with respect to a 
covered application that is pending with the Commission on, or 
filed with the Commission on or after, the date of the 
enactment of this Act.
(2) Pending applications.--In the case of a covered 
application that is pending with the Commission on the date of 
the enactment of this Act, the covered application shall be 
treated as having been filed with the Commission on such date 
of enactment for purposes of calculating the deadlines with 
respect to such application under section 417 of the 
Communications Act of 1934, as added by subsection (a).
(3) Pro forma transactions.--Subsection (e) of section 417 
of the Communications Act of 1934, as added by subsection (a), 
shall apply with respect to a pro forma transaction that is 
completed on or after the date of the enactment of this Act.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal 
Communications Commission.
(2) Covered application.--The term ``covered application'' 
has the meaning given such term in subsection (f) of section 
417 of the Communications Act of 1934, as added by subsection 
(a).
(3) Pro forma transaction.--The term ``pro forma 
transaction'' has the meaning given such term in subsection (f) 
of section 417 of the Communications Act of 1934, as added by 
subsection (a).

SEC. 3. APPEAL OF COMMISSION DECISIONS.

Section 402(b)(3) of the Communications Act of 1934 (47 U.S.C. 
402(b)(3)) is amended by inserting ``, designated for hearing, granted 
subject to conditions to which the applicant objects, or determined to 
be not complete'' after ``denied''.
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