Senate Republicans Reintroduce 'SMARTER Act' To Codify FCC 'Shot Clock" For Merger Applications

SMARTER Act Is Back

Senate Republicans have re-introduced the "SMARTER Act" -- Standard Merger and Acquisition Reviews Through Equal Rules -- that would formalize the Commission's 180-day "shot clock" for approving proposed mergers.   The bill, introduced by Sens. ORRIN HATCH and MIKE LEE (R-UT), CHARLES GRASSLEY (R-IA), and THOM TILLIS (R-NC), would make the currently informal and loosely enforced time period for merger consideration a formal rule, with the time period triggered by the last submission by the applicants before public notice of the application is provided.  Extensions for 30 day periods would require court approval.

In a statement applauding the proposed act, Commissioner MICHAEL O'RIELLY said, "Among other improvements, the bill includes two key reforms to the FCC’s merger review process that I have longed championed: setting a non-aspirational, 180-day shot clock for agency review of license transfers and addressing the abusive practice of designating an application for hearing to the Administrative Law Judge (ALJ), which effectively serves to kill a transaction.  Applicants deserve a timely, complete, fact-based, and straightforward answer from the Commission – not one built on interminable delays or  shady denials.” 

And Commissioner BRENDAN CARR specifically acknowledged LEE's efforts, saying that LEE "would put the FEDERAL COMMUNICATIONS COMMISSION on a shot clock and thus codify the agency’s commitment to open, transparent, and timely decision making.”

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