Cable Transparency Act
The Cable Transparency Act would change how cable franchising works by giving cable operators a formal process to request elimination or modification of requirements in their franchise during the term. If a complete request is submitted, local franchising authorities would have up to 120 days to decide, with a standard that the operator must show good cause (such as compliance with federal/state law, changes in technology, or commercial impracticability) and that the franchise’s overall service mix and quality would still be maintained. If the authority misses the deadline, the modification or elimination would be deemed approved, with an exception for requirements relating to public, educational, or governmental (PEG) access. The bill also alters franchise term protections. A franchise continues in effect until revoked or terminated under new procedures, including a 90-day clock for the operator to seek revocation and a potential deemed revocation if the authority fails to act. Franchising authorities could revoke a franchise for material noncompliance after giving a cure opportunity, and operators would have avenues for judicial or Commission review. The act includes several technical and conforming amendments and sets an effective date six months after enactment, with applicability to new franchises or ongoing franchises under specified conditions.
Key Points
- 1Establishes a new process to eliminate or modify any requirement in a cable franchise during the term, with a 120-day decision window after a complete request.
- 2Defines “complete request” and sets criteria the operator must prove, including good cause (conformity with law, changes in technology, or commercial impracticability) and assurance that the franchise’s service mix/quality will be maintained.
- 3Allows a deemed elimination or modification if the franchising authority does not act by the deadline (except for requests involving PEG access).
- 4Provides for appeals and judicial/Commission review of decision outcomes, including de novo Commission review and stay provisions.
- 5Reforms franchise term and termination: a franchise remains in effect until revoked/terminated under new standards; operator-initiated revocation must be acted on in 90 days, with a deemed revocation if the authority misses the date.
- 6Grants franchising authorities authority to revoke a franchise for substantial noncompliance after a cure period, with rights to review and stay.
- 7Adds technical/conforming amendments across the Communications Act to reflect the new framework.
- 8Effective date is six months after enactment; applies to franchises granted on or after that date, or to ongoing/franchises still in effect or renewing under certain conditions.