[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Extensions of Remarks]
[Page E2312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INTRODUCTION OF SPECTRUM LICENSE POLICY ACT

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                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                      Thursday, December 13, 2001

  Mr. CONYERS. Mr. Speaker, I am happy to be an original cosponsor of 
the Spectrum License Policy Act of 2001, and I am hopeful we, can pass 
this bill into law this year before we adjourn.
  After months of negotiation in this matter, I am glad we have a deal 
that represents a win for everyone. It benefits the government by 
providing ten billion dollars in revenues to our Treasury. It benefits 
the original license holder by preserving the benefit of the bargain it 
had originally negotiated. It benefits our bankruptcy code, by 
preserving the doctrine of the stay and the power of the courts to 
enforce it, even against the government. And it benefits consumers by 
permitting the spectrum to come on the market as soon as possible, 
fostering much needed competition.
  In a very real sense we have reached this point because of the 
interest and involvement of the Judiciary Committee. When the Federal 
Communications Commission was seeking to unilaterally take away 
NextWave's spectrum assets, in violation of the automatic stay, this 
Committee weighed in to preserve the integrity of the bankruptcy code. 
The FCC was unable to ram their legislation through and the parties, to 
their credit, continued negotiating.
  I am hopeful that this bill will serve as a precedent for achieving 
settlements for other similarly impacted parties. For example, I would 
note that Urban Communicators PCS LP, a minority owned enterprise, has 
also filed for bankruptcy and been engaged in a dispute with the FCC 
over spectrum rights. I would urge the FCC and the Congress to take up 
their case on an expedited schedule as well.

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