[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4715 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4715

To clarify the obligations of the Federal Communications Commission to 
          issue licenses using competitive bidding procedures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2004

  Mr. Nussle introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To clarify the obligations of the Federal Communications Commission to 
          issue licenses using competitive bidding procedures.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spectrum Accountability Act''.

SEC. 2. CLARIFICATION OF SPECTRUM AUCTION REQUIREMENTS.

    (a) Amendment.--Paragraph (6) of section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(6)) is amended--
            (1) by redesignating subparagraphs (A) through (H) as 
        clauses (i) through (viii), respectively;
            (2) by striking ``Nothing in this subsection'' and 
        inserting the following:
                    ``(A) In general.--Nothing in this subsection''; 
                and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Limitation.--Neither subparagraph (A) of this 
                paragraph nor any other provision of this Act (other 
                than paragraph (2) of this subsection) shall be 
                construed to permit the Commission to avoid the 
                requirement of paragraph (1) of this subsection to use 
                competitive bidding in granting a license, or to avoid 
                the obligation to accept properly executed mutually 
                exclusive applications for such a license, if the grant 
                of such license, including any grant by means of a 
                modification pursuant to section 316, results in the 
                licensee--
                            ``(i) being authorized to use--
                                    ``(I) a materially greater quantity 
                                of electromagnetic spectrum than the 
                                licensee was authorized to use prior to 
                                the grant or modification; or
                                    ``(II) a band of the 
                                electromagnetic spectrum that 
                                materially exceeds in value any band of 
                                spectrum that was previously used by 
                                the licensee; or
                            ``(ii) effectively exchanging a license 
                        previously held by the licensee for a license 
                        that--
                                    ``(I) materially alters the rights 
                                or obligations under the previously 
                                held license; or
                                    ``(II) permits the licensee to 
                                provide services that the previously 
                                held license did not permit.''.
                                 <all>