[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4738 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4738

To facilitate the ability of certain spectrum auction winners to pursue 
alternative measures required in the public interest to meet the needs 
               of wireless telecommunications consumers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2002

 Mr. Stearns (for himself, Mr. Boucher, Mr. Terry, Mr. Pickering, Mr. 
Towns, and Mr. Rush) introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To facilitate the ability of certain spectrum auction winners to pursue 
alternative measures required in the public interest to meet the needs 
               of wireless telecommunications consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RETURN OF DOWNPAYMENTS.

    On or before the 15th day after the date of enactment of this Act, 
the Federal Communications Commission shall return to the winning 
bidders of auction 35 the full amount of all deposits and downpayments 
made by such winning bidders for licenses that the Commission has not 
by that date delivered to such winning bidders.

SEC. 2. RELIEF FROM CONTINUING OBLIGATIONS.

    Each such winning bidder that elects, by formal written notice to 
the Commission on or before the 15th day after the date of enactment of 
this Act, to relinquish its rights under auction 35 to receive a 
license for which it was the winning bidder, and which the Commission 
has not delivered to such bidder by the date of such election, shall be 
free of all obligations such winning bidder would otherwise have with 
respect to such license, including the obligation to pay the full 
amount of its winning bid upon delivery of such license.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Auction 35.--The term ``auction 35'' means the 
        Commission's C and F block broadband personal communications 
        service spectrum auction, which began on December 12, 2000, and 
        ended on January 26, 2001, insofar as such auction related to 
        spectrum previously licensed to NextWave Personal 
        Communications Inc., NextWave Power Partners, Inc., or Urban 
        Comm-North Carolina, Inc.
            (3) Winning bidder.--The term ``winning bidder'' means 
        those bidders whose applications for auction 35 licenses the 
        Commission accepted for filing, as listed in Appendix A to the 
        Commission's Public Notice DA 01-520, issued on February 27, 
        2001.
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