An amendment numbered 5 printed in House Report 109-491 to set forth a complaint process to resolve fee disputes between a local franchise authority and a cable operator. A franchise authority or a cable operator must provide written notice to each other if there is a dispute regarding franchise fees or PEG/I-Net support. Both parties must meet within 30 days of notification. If the local franchise authority and the cable operator have not resolved the dispute within 90 days then both parties can petition the FCC to resolve the complaint. The FCC has 90 days to resolve any fee disputes. Provides a 3-year limitation in bringing a complaint to the FCC regarding fee disputes.

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   Inserted: (6) Fee dispute resolution.--

   Inserted: (A) Complaint.--A franchising authority or a cable operator may file a complaint at the Commission to resolve a dispute between such authority and operator with respect to the amount of any fee required under subsection (c)(1) or (e)(2) if--

   Inserted: (i) the franchising authority or the cable operator provides the other entity written notice of such dispute; and

   Inserted: (ii) the franchising authority and the cable operator have not resolved the dispute within 90 calendar days after receipt of such notice.

   Inserted: (B) Meetings.--Within 30 calendar days after receipt of notice of a dispute provided pursuant to subparagraph (A)(i), representatives of the franchising authority and the cable operator, with authority to resolve the dispute, shall meet to attempt to resolve the dispute.

   Inserted: (C) Limitation.--A complaint under subparagraph (A) shall be filed not later than 3 years after the end of the period to which the disputed amount relates, unless such time is extended by written agreement between the franchising authority and cable operator.

   Inserted: (D) Resolution.--The Commission shall issue an order resolving any complaint filed under subparagraph (A) within 90 days of filing.

   Original wording

   Page 30, after line 15, insert the following new paragraph:

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As printed