---
kind: "section"
citation: "47 U.S.C. § 546"
title: "47"
title_heading: "Telecommunications"
number: "546"
heading: "Renewal"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/546"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter V–A — Cable Communications"
  - "Part III — Franchising and Regulation"
---

# §546. Renewal

- (a) **Commencement of proceedings; public notice and participation—**
  - (1) A [franchising authority](/usc/47/522.md?p=10) may, on its [own](/usc/47/153.md?p=2) initiative during the 6-month period which begins with the 36th month before the [franchise](/usc/47/522.md?p=9) expiration, commence a proceeding which affords the public in the [franchise](/usc/47/522.md?p=9) area appropriate notice and participation for the purpose of (A) identifying the future cable-related community needs and interests, and (B) reviewing the performance of the [cable operator](/usc/47/522.md?p=5) under the [franchise](/usc/47/522.md?p=9) during the then current [franchise](/usc/47/522.md?p=9) term. If the [cable operator](/usc/47/522.md?p=5) submits, during such 6-month period, a written renewal notice requesting the commencement of such a proceeding, the [franchising authority](/usc/47/522.md?p=10) shall commence such a proceeding not later than 6 months after the date such notice is submitted.
  - (2) The [cable operator](/usc/47/522.md?p=5) may not invoke the renewal procedures set forth in subsections [(b)](#b) through [(g)](#g) unless—
    - (A) such a proceeding is requested by the [cable operator](/usc/47/522.md?p=5) by timely submission of such notice; or
    - (B) such a proceeding is commenced by the [franchising authority](/usc/47/522.md?p=10) on its [own](/usc/47/153.md?p=2) initiative.
- (b) **Submission of renewal proposals; contents; time—**
  - (1) Upon completion of a proceeding under [subsection (a)](#a), a [cable operator](/usc/47/522.md?p=5) seeking renewal of a [franchise](/usc/47/522.md?p=9) may, on its [own](/usc/47/153.md?p=2) initiative or at the request of a [franchising authority](/usc/47/522.md?p=10), submit a proposal for renewal.
  - (2) Subject to [section 544 of this title](/usc/47/544.md), any such proposal shall contain such material as the [franchising authority](/usc/47/522.md?p=10) may require, including proposals for an upgrade of the [cable system](/usc/47/522.md?p=7).
  - (3) The [franchising authority](/usc/47/522.md?p=10) may establish a date by which such proposal shall be submitted.
- (c) **Notice of proposal; renewal; preliminary assessment of nonrenewal; administrative review; issues; notice and opportunity for hearing; transcript; written decision—**
  - (1) Upon submittal by a [cable operator](/usc/47/522.md?p=5) of a proposal to the [franchising authority](/usc/47/522.md?p=10) for the renewal of a [franchise](/usc/47/522.md?p=9) pursuant to [subsection (b)](#b), the [franchising authority](/usc/47/522.md?p=10) shall provide prompt public notice of such proposal and, during the 4-month period which begins on the date of the submission of the [cable operator](/usc/47/522.md?p=5)’s proposal pursuant to [subsection (b)](#b), renew the [franchise](/usc/47/522.md?p=9) or, issue a preliminary assessment that the [franchise](/usc/47/522.md?p=9) should not be renewed and, at the request of the [operator](/usc/47/153.md?p=38-A) or on its [own](/usc/47/153.md?p=2) initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with [paragraph (2)](#c-2) to consider whether—
    - (A) the [cable operator](/usc/47/522.md?p=5) has substantially complied with the material terms of the existing [franchise](/usc/47/522.md?p=9) and with applicable law;
    - (B) the quality of the [operator](/usc/47/153.md?p=38-A)’s service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of [cable services](/usc/47/522.md?p=6) or other services provided over the system, has been reasonable in light of community needs;
    - (C) the [operator](/usc/47/153.md?p=38-A) has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the [operator](/usc/47/153.md?p=38-A)’s proposal; and
    - (D) the [operator](/usc/47/153.md?p=38-A)’s proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of [meeting](/usc/47/397.md?p=5) such needs and interests.
  - (2) In any proceeding under [paragraph (1)](#c-1), the [cable operator](/usc/47/522.md?p=5) shall be afforded adequate notice and the [cable operator](/usc/47/522.md?p=5) and the [franchise](/usc/47/522.md?p=9) authority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under [subsection (a)](#a)), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding.
  - (3) At the completion of a proceeding under this subsection, the [franchising authority](/usc/47/522.md?p=10) shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the [cable operator](/usc/47/522.md?p=5). Such decision shall [state](/usc/47/522.md?p=18) the reasons therefor.
- (d) **Basis for denial—** Any denial of a proposal for renewal that has been submitted in compliance with [subsection (b)](#b) shall be based on one or more adverse findings made with respect to the factors described in subparagraphs [(A)](#c-1-A) through [(D)](#c-1-D) of subsection (c)(1), pursuant to the record of the proceeding under [subsection (c)](#c). A [franchising authority](/usc/47/522.md?p=10) may not base a denial of renewal on a failure to substantially comply with the material terms of the [franchise](/usc/47/522.md?p=9) under [subsection (c)(1)(A)](#c-1-A) or on events considered under [subsection (c)(1)(B)](#c-1-B) in any case in which a violation of the [franchise](/usc/47/522.md?p=9) or the events considered under [subsection (c)(1)(B)](#c-1-B) occur after the effective date of this subchapter unless the [franchising authority](/usc/47/522.md?p=10) has provided the [operator](/usc/47/153.md?p=38-A) with notice and the opportunity to cure, or in any case in which it is documented that the [franchising authority](/usc/47/522.md?p=10) has waived its right to object, or the [cable operator](/usc/47/522.md?p=5) gives written notice of a failure or inability to cure and the [franchising authority](/usc/47/522.md?p=10) fails to object within a reasonable time after receipt of such notice.
- (e) **Judicial review; grounds for relief—**
  - (1) Any [cable operator](/usc/47/522.md?p=5) whose proposal for renewal has been denied by a final decision of a [franchising authority](/usc/47/522.md?p=10) made pursuant to this section, or has been adversely affected by a failure of the [franchising authority](/usc/47/522.md?p=10) to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of [section 555 of this title](/usc/47/555.md).
  - (2) The court shall grant appropriate relief if the court finds that—
    - (A) any action of the [franchising authority](/usc/47/522.md?p=10), other than harmless error, is not in compliance with the procedural requirements of this section; or
    - (B) in the event of a final decision of the [franchising authority](/usc/47/522.md?p=10) denying the renewal proposal, the [operator](/usc/47/153.md?p=38-A) has demonstrated that the adverse finding of the [franchising authority](/usc/47/522.md?p=10) with respect to each of the factors described in subparagraphs [(A)](#c-1-A) through [(D)](#c-1-D) of subsection (c)(1) on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under [subsection (c)](#c).
- (f) **Finality of administrative decision—** Any decision of a [franchising authority](/usc/47/522.md?p=10) on a proposal for renewal shall not be considered final unless all administrative review by the [State](/usc/47/522.md?p=18) has occurred or the opportunity therefor has lapsed.
- (g) **“Franchise expiration” defined—** For purposes of this section, the term “[franchise](/usc/47/522.md?p=9) expiration” means the date of the expiration of the term of the [franchise](/usc/47/522.md?p=9), as provided under the [franchise](/usc/47/522.md?p=9), as it was in effect on October 30, 1984.
- (h) **Alternative renewal procedures—** Notwithstanding the provisions of subsections [(a)](#a) through [(g)](#g) of this section, a [cable operator](/usc/47/522.md?p=5) may submit a proposal for the renewal of a [franchise](/usc/47/522.md?p=9) pursuant to this subsection at any time, and a [franchising authority](/usc/47/522.md?p=10) may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections [(a)](#a) through [(g)](#g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections [(a)](#a) through [(g)](#g).
- (i) **Effect of renewal procedures upon action to revoke franchise for cause—** Notwithstanding the provisions of subsections [(a)](#a) through [(h)](#h), any lawful action to revoke a [cable operator](/usc/47/522.md?p=5)’s [franchise](/usc/47/522.md?p=9) for cause shall not be negated by the subsequent initiation of renewal proceedings by the [cable operator](/usc/47/522.md?p=5) under this section.

## Source credit

(June 19, 1934, ch. 652, title VI, § 626, as added Pub. L. 98–549, § 2, Oct. 30, 1984, 98 Stat. 2791; amended Pub. L. 102–385, § 18, Oct. 5, 1992, 106 Stat. 1493.)

## Notes

### Editorial Notes

### References in Text

For “the effective date of this subchapter”, referred to in subsec. (d), as 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as an Effective Date note under section 521 of this title.

### Amendments

1992—Subsec. (a). Pub. L. 102–385, § 18(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “During the 6-month period which begins with the 36th month before the franchise expiration, the franchising authority may on its own initiative, and shall at the request of the cable operator, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of—

“(1) identifying the future cable-related community needs and interests; and

“(2) reviewing the performance of the cable operator under the franchise during the then current franchise term.”

Subsec. (c)(1). Pub. L. 102–385, § 18(b), inserted “pursuant to subsection (b)” after “renewal of a franchise” and substituted “date of the submission of the cable operator’s proposal pursuant to subsection (b)” for “completion of any proceedings under subsection (a)”.

Subsec. (c)(1)(B). Pub. L. 102–385, § 18(c), substituted “mix or quality” for “mix, quality, or level”.

Subsec. (d). Pub. L. 102–385, § 18(d), inserted “that has been submitted in compliance with subsection (b)” after “Any denial of a proposal for renewal” and substituted “or the cable operator gives written notice of a failure or inability to cure and the franchising authority fails to object within a reasonable time after receipt of such notice” for “or has effectively acquiesced”.

Subsec. (e)(2)(A). Pub. L. 102–385, § 18(e), inserted “, other than harmless error,” after “franchising authority”.

Subsec. (i). Pub. L. 102–385, § 18(f), added subsec. (i).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–385 effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as a note under section 325 of this title.

### Effective Date

Section effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title.