CABLE Leadership Act

Bill Number

H.R. 5170

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-09-08: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-09-23T17:47:00Z

AI-Generated Summary

Purpose

The "Cable Access for Broadband and Local Economic Leadership Act" (CABLE Leadership Act) aims to streamline the process for cable companies to obtain new franchises from local governments. A franchise is essentially a permission granted by local authorities allowing cable providers to install and operate networks using public spaces like streets. The bill seeks to prevent delays in this process, promoting faster expansion of broadband and cable services to support economic growth and access to modern communications.

Key Provisions

• 120-Day Decision Deadline: Local franchising authorities (typically city or county governments) must approve or deny a complete request for a new cable franchise within 120 days of receiving it. This deadline applies to all related review steps combined.
• Deemed Approval: If no decision is made by the end of the 120 days, the request is automatically considered approved the following day.
• No Delays Allowed: Authorities cannot pause or extend the timeline through moratoriums (formal or informal bans on processing requests).
• Requirements for Denials: Any denial must be issued in writing, backed by substantial evidence in a detailed record, and made public (and shared with the applicant) on the same day.
• Defining a "Complete" Request: A request is deemed complete if the applicant takes the initial required step and the authority does not notify them of missing information within 30 days. The notice, if issued, must specify what's missing and cite the relevant local rule.
• Receipt Rules: The clock starts based on submission method—e.g., electronic transmission date, in-person delivery date, or other methods per Federal Communications Commission (FCC) regulations.

Significant Changes to Existing Law

This bill amends Section 621 of the Communications Act of 1934 (47 U.S.C. 541), which previously outlined general rules for cable franchising but lacked strict timelines for new franchise approvals. Key additions include:

• Mandatory 120-day limit with automatic approval for inaction, which did not exist before.
• Prohibition on moratoriums and detailed standards for completeness and denials, tightening what were previously more flexible local processes.
• These changes apply only to new franchises, not renewals, and override conflicting provisions in the existing law.

Potential Impacts

• On Government Agencies: Local franchising authorities may face pressure to process requests more efficiently, potentially reducing administrative burdens but requiring better record-keeping to avoid automatic approvals.
• On Citizens: Faster franchise approvals could accelerate broadband and cable service availability in underserved areas, improving internet access for homes and businesses, though it might limit local negotiation power over terms like fees or community benefits.
• On International Relations: Minimal direct impact, as this is a domestic telecommunications policy focused on U.S. cable infrastructure.

Main Stakeholders Affected

• Cable and Broadband Providers: Benefit from quicker market entry and reduced regulatory hurdles, enabling faster network builds.
• Local Governments (Franchising Authorities): Must adhere to strict timelines, potentially losing some control over pacing franchise grants.
• Consumers and Communities: Gain from expanded service options but may see less influence on franchise conditions, such as public access channels or infrastructure commitments.
• Federal Communications Commission (FCC): Gains a role in defining certain receipt rules, indirectly overseeing compliance.

Notable Legal, Constitutional, or Political Implications

• Legal: Introduces "deemed grant" mechanisms, which could lead to more litigation if locals challenge automatic approvals as overriding their authority. Denials must meet "substantial evidence" standards, aligning with administrative law principles for fair hearings.
• Constitutional: Balances federal oversight of interstate commerce (cable as a national industry) with local control over public rights-of-way, potentially testing the Tenth Amendment's limits on federal preemption of state/local powers.
• Political: Supports pro-business deregulation in telecommunications, favoring industry expansion amid broadband equity debates. It could spark debates on federal vs. local authority, especially in rural or urban areas where franchise fees fund community services.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Balderson, Troy [R-OH-12]

Recent Actions

• 2025-09-08: Referred to the House Committee on Energy and Commerce.
• 2025-09-08: Introduced in House
• 2025-09-08: Introduced in House

Bill Versions

• Cable Access for Broadband and Local Economic Leadership Act — issued 2025-09-08 — PDF (6 pages)