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Amendments to HR 4019 IH, the Telecommunications Merger Review Act of 2000.
Re: limiting the merger review authority of the FCC.
Event: House Telecom Subcommittee mark up of HR 4019 IH.
Date: June 27, 2000.

Editor's Notes:
  Tech Law Journal scanned and converted into HTML paper copies provided by the House Commerce Committee.
  Line numbering and double spacing were eliminated in the conversion process. Otherwise, these documents have been edited for HTML, but not for content.
  See also, Tech Law Journal summary of bills pertaining to telecom antitrust merger reviews.
  Copyright Tech Law Journal. All rights reserved.


AMENDMENT TO H.R. 4019
OFFERED BY MR. OXLEY

Page 4, after line 18, insert the following new section (and redesignate the succeeding section accordingly):

SEC. 4. PROCEDURAL REQUIREMENTS FOR CONGRESSIONAL COMMUNICATIONS.

Section 4(j) of the Communications Act of 1934 (47 U.S.C. 154(j)) is amended---

    (1) by inserting "(1)" after "(j)"; and

    (2) by adding at the end the following new paragraph:

      "(2)(A) Except as provided in subparagraph (C), no member (including the chairman), officer, or employee of the Commission shall take any action---

          "(i) to express the support or opposition of the Commission for any legislation or appropriation, or "(ii) to request or suggest on behalf of the Commission that any organization, entity, or person should communicate to any Member of Congress the support or opposition of the organization, entity, or person for any legislation or appropriation, unless such action has been approved by majority vote of the Commission.

[begin page 2]

        "(B) After an action described in clause (i) or (ii) of subparagraph (A) has been approved by majority vote, such action may only be carried out the members of the Commission (including the chairman) and the staffs in the offices of such members, and may not be carried out by the officers or employees of any other bureau, office, or other component of the Commission.

        "(C) Subparagraph (A) shall not prohibit any member of the Commission (including the chairman) from expressing the individual opinion of such member With respect to any legislation or appropriation.

        "(D) Nothing in this paragraph authorizes any conduct in violation of section 1913 of title 18, United States Code. ".


Green Amendment.

AMENDMENT TO H.R. 4019
OFFERED BY M.

Page 4, line 18, strike the close quotation marks and following period and after such line insert the following:

    "(c) JUDICIAL REVIEW.---

      "(1) BURDEN OF PROOF.---In any, appeal of a decision denying or approving with conditions any application to assign or transfer control of a license, permit, or certificate pursuant to the provisions of sections 214 or 310 of this Act, the Commission shall have the burden of proving that its actions are consistent With the provisions of this section.

      "(2) CONDITIONAL APPROVALS REVIEWABLE.---Any conditional approval of any such application shall be considered a denial of such application for purposes of section 402(b) of this Act.".


AMENDMENT TO H.R. 4019
OFFERED BY MR. STEARNS

Page 3, line 7, strike "In any proceeding" and insert "Notwithstanding any other provision of this Act (including sections 4(i) and 201(b)), in any proceeding".


AMENDMENT TO H.R. 4019
OFFERED BY MR. PICKERING

Page 4, strike line 3 and insert the following (and redesignate the succeeding paragraph accordingly).

except that the Commission may not subsequently enforce any condition imposed to ensure compliance with a rule or regulation that is repealed or invalidated;

    "(3) may not deny any such application on the ground that, such application is incomplete unless---

      "(A) the Commission's rule and regulations in effect on the date such application is received specify the information required to be included with such application; and

      "(B) the application falls to include such information;

    "(4) may not deny any such application unless the Commission includes lit it's report and order denying such application a statement of the particular reasons for the denial, including a specification of the particular rules mid regulations that would be violated by the assignment or transfer of control; and

[begin page 2]

Page 4, line 18, strike the close quotation marks and following period and after such line insert the following:

    "(c) EFFECT OF FAILURE TO COMPLY WITH DEADLINES.---If the Commission falls to complete all actions on an application within the deadlines established by subsection (a)(3) and (b), such application shall be deemed to be approved without conditions.".


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