[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2869 Referred in House (RFH)]

  2d Session
                                S. 2869


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2002

            Referred to the Committee on Energy and Commerce

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                                 AN ACT


 
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. RELIEF FROM CONTINUING OBLIGATIONS.

    A winning bidder to which the Commission has not granted an Auction 
35 license may irrevocably elect to relinquish any right, title, or 
interest in that license and the associated license application by 
formal written notice to the Commission. Such an election may only be 
made within 30 days after the date of enactment of this Act. A winning 
bidder that makes such an election shall be free of any obligation the 
winning bidder would otherwise have with respect to that license, the 
associated license application, and the associated winning bid, 
including the obligation to pay the amount of its winning bid that 
would be otherwise due for such license.

SEC. 2. RETURN OF DEPOSITS AND DOWNPAYMENTS.

    Within 37 days after receiving an election that meets the 
requirements of section 3 from an Auction 35 winning bidder that has 
made the election described in section 1, the Commission shall refund 
any deposit or down-payment made with respect to a winning bidder for 
the license that is the subject of the election.

SEC. 3. COMMISSION TO ISSUE PUBLIC NOTICE.

    (a) Public Notice.--Within 5 days after the date of enactment of 
this Act, the Commission shall issue a public notice specifying the 
form and the process for the return of deposits and downpayments under 
section 2.
    (b) Time for Election.--An election under this section is not valid 
unless it is made within 30 days after the date of enactment of this 
Act.

SEC 4. WAIVER OF PAPERWORK REDUCTION ACT REQUIREMENTS.

    Section 3507 of title 44, United States Code, shall not apply to 
the Commission's implementation of this Act.

SEC. 5. NO INFERENCE WITH RESPECT TO NEXTWAVE CASE.

    It is the sense of the Congress that no inference with respect to 
any issue of law or fact in Federal Communications Commission v. 
NextWAVE Personal Communications, Inc., et al. (Supreme Court Docket 
No. 01-653) should be drawn from the introduction, amendment, defeat, 
or enactment of this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Auction 35.--The term ``Auction 35'' means the C and F 
        block broadband personal communications service spectrum 
        auction of the Commission that began on December 1 , 2000, and 
        ended on January 6, 2001, insofar as that auction related to 
        spectrum previously licensed to NextWave Personal 
        Communications, Inc., NextWave Power Partners, Inc., or Urban 
        Comm North Carolina, Inc.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission or a bureau or division thereof 
        acting on delegated authority.
            (3) Winning bidder.--The term ``winning bidder'' means any 
        person who is entitled under Commission order FCC 02-99 
        (released March 27, 2002), to a refund of a substantial portion 
        of monies on deposit for spectrum formerly licensed to Nextwave 
        and Urban Comm as defined in that order.

            Passed the Senate November 14, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.