Keep It Moving Act

Bill Number

H.R. 7742

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2026-02-26: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-03-16T17:17:34Z

AI-Generated Summary

Purpose of the Legislation

The "Keep It Moving Act" (H.R. 7742) aims to speed up the Federal Communications Commission's (FCC) review process for applications involving the transfer of control or assignment of FCC licenses, authorizations, or spectrum leases. It introduces strict deadlines to prevent delays, ensuring timely decisions while maintaining public interest protections.

Key Provisions

• Completeness Review and Public Notice:
• The FCC must determine if an application is complete (meaning it includes all required information per FCC rules) within 15 days of filing.
• If incomplete, the applicant can submit amendments, and the FCC must review them within 5 days.
• If the FCC misses these deadlines, the application is automatically deemed complete.
• Within 7 days of deeming an application complete, the FCC must issue a public notice accepting it for filing and (if needed) opening it for public comments.
• Decisions on completeness can be appealed, and if found unreasonable, the application is deemed complete retroactively.

• Deadlines for Final Decisions:
• The FCC must approve applications within 180 days of public notice, or within 1 year if it requests more information or refers the case to the Committee for the Assessment of Foreign Participation in U.S. Telecommunications Services Sector (or its successor) for national security review.
• The 1-year clock can extend by up to 90 days if a deeper foreign participation review is needed.
• If a hearing is required (due to factual disputes), the FCC must conclude it and issue a final order within 15 months.
• Major amendments or waiver requests by the applicant after public notice can extend deadlines by up to 30 days at the FCC's discretion, but responses to FCC information requests do not reset the clock.

• Consequences for Missing Deadlines:
• If the FCC fails to act on time, the applicant can petition a U.S. court for a writ (a court order) within 72 hours, forcing the FCC to either approve the application immediately or file a complaint to seek permission to deny it.
• To deny after a writ, the FCC must prove to the court by "clear and convincing evidence" (a high standard meaning highly probable) that approval harms the public interest; the court sets a new deadline.
• Denials or hearings require a majority vote of FCC commissioners; approvals can be delegated to staff.

• Exclusions and Notifications:
• "Pro forma transactions" (minor, insubstantial changes like internal corporate restructurings) are exempt from pre-approval but must be notified to the FCC within 30 days after completion.
• The law applies to applications filed or pending on or after enactment, treating pending ones as filed on the enactment date for deadline calculations.

• Appeals Expansion:
• Amends existing law to allow direct appeals to U.S. courts of appeals for FCC decisions that deny, designate for hearing, condition approval over objections, or deem an application incomplete.

Significant Changes to Existing Law

• New Timelines: Prior to this, the Communications Act of 1934 had no mandatory deadlines for FCC reviews of license transfers, leading to potential indefinite delays. This bill imposes fixed periods (180 days to 15 months) to enforce action.
• Judicial Enforcement: Introduces court writs to compel FCC action or approval if deadlines are missed, shifting some oversight from the agency to courts—a novel mechanism not previously available.
• Pro Forma Simplification: Removes the need for FCC pre-approval of minor transactions, replacing it with post-completion notification, streamlining routine changes.
• Appeal Broadening: Expands judicial review under Section 402(b) to include completeness determinations and conditioned approvals, previously limited mainly to outright denials.
• Foreign Review Integration: Formalizes extensions for national security assessments, aligning with existing Team Telecom processes but capping delays.

Potential Impacts

• On Government Agencies: The FCC will face pressure to process applications faster, potentially requiring more resources or staff reallocation, and increased litigation if deadlines are missed. The foreign participation committee may see more referrals but with time limits, affecting inter-agency coordination.
• On Citizens and Businesses: Telecom companies and applicants (e.g., for mergers or asset sales) benefit from reduced uncertainty and faster market entry or restructuring, potentially lowering costs and spurring competition in wireless, broadcasting, and other communications sectors. Consumers could see quicker service improvements or expansions but risk rushed reviews if safeguards fail.
• On International Relations: Speeds up approvals involving foreign investors, which could encourage global telecom investments in the U.S. but maintains national security checks; prolonged delays in sensitive cases might be curtailed, balancing trade with security.

Main Stakeholders Affected

• FCC and Its Staff: Directly regulated with new deadlines and voting requirements for key decisions.
• Telecommunications Companies and License Holders: Primary applicants (e.g., wireless carriers, broadcasters) seeking transfers or assignments, gaining predictability but facing stricter timelines.
• Foreign Entities and Investors: Impacted through referrals to the foreign participation committee, with faster but capped reviews.
• U.S. Courts: Gain new roles in issuing writs and reviewing denials, particularly the U.S. District Court for the District of Columbia and courts of appeals.
• Public and Competitors: Can submit comments during reviews; faster processes may affect market competition and service availability.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens administrative law by curbing agency discretion through enforceable deadlines, potentially reducing "regulatory capture" or backlog issues, but invites more lawsuits, straining judicial resources. The "clear and convincing evidence" standard for denials raises the bar for FCC objections, emphasizing public interest (a core FCC criterion meaning benefits to society, like competition and diversity).
• Constitutional: Involves separation of powers by empowering courts to override agency inaction via writs under the All Writs Act (28 U.S.C. § 1651), which could be seen as checking executive branch delays without infringing on FCC expertise.
• Political: Bipartisan sponsorship (Republican and Democrat) suggests broad support for deregulatory efficiency in telecom, amid debates on innovation vs. oversight; it may influence future agency reforms but could face challenges if viewed as undermining FCC independence in complex reviews.

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

Sponsor

Rep. Pfluger, August [R-TX-11]

Cosponsors (1)

Rep. Gottheimer, Josh [D-NJ-5]

Recent Actions

• 2026-02-26: Referred to the House Committee on Energy and Commerce.
• 2026-02-26: Introduced in House
• 2026-02-26: Introduced in House

Bill Versions

• Keep It Moving Act — issued 2026-02-26 — PDF (14 pages)