Keep It Moving Act

“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.”