H.R. 5290 — Cable Transparency Act

This section revises the process for cable operators to seek elimination or modification of franchise requirements (47 U.S.C. 545) and franchise terms (47 U.S.C. 546). Specifically, with respect to franchise requirements, it (1) allows a cable operator to request elimination or modification of any franchise requirement upon demonstrating good cause (i.e., to conform to federal or state law, address technological changes, or due to commercial impracticability, defined as a change in conditions beyond the operator's control that upends a basic assumption of the requirement) and that the mix, quality, and level of services required at the time the franchise was granted will be maintained; (2) requires franchising authorities (typically local governments) to approve a complete request within 120 days or deem it approved the next day (except for public, educational, or governmental access services); (3) deems a request complete if the operator takes the franchising authority's first required procedural step and receives no written deficiency notice within 30 days; and (4) provides for judicial review under section 635, with courts granting relief if the standards are met. With respect to franchise terms, it provides that franchises continue indefinitely without need for renewal until revoked or terminated, prohibits revocation by franchising authorities or termination by operators or operation of law (including by expiration date), and permits (1) operator termination upon request, with revocation required within 90 days or deemed the next day; and (2) authority revocation if the operator knowingly and willfully fails to substantially meet a material franchise requirement.