[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Extensions of Remarks]
[Page E2318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE ``PROMPT UTILIZATION OF WIRELESS SPECTRUM ACT OF 
                                 2001''

                                 ______
                                 

                        HON. W.J. (BILLY) TAUZIN

                              of louisiana

                    in the house of representatives

                      Thursday, December 13, 2001

  Mr. TAUZIN. Mr. Speaker, I rise today to introduce the ``Prompt 
Utilization of Wireless Spectrum Act of 2001.'' For longer than I would 
like to acknowledge, the FCC and Nextwave have battled back and forth 
about the status of Nextwave's C block licenses. Nextwave obtained 
these licenses the way every carrier obtains a spectrum license from 
the FCC: by being the highest bidder at auction.
  When Nextwave filed for bankruptcy, the FCC sought to cancel 
Nextwave's licenses. I asked, begged, and pleaded with Chairman 
Powell's predecessor, Bill Kennard, not to cancel the licenses, and, 
more importantly, not to reauction them.
  Despite having filed for chapter 11 bankruptcy protection, Nextwave 
retained a property right in those licenses, a right that could not be 
rescinded by the FCC or any other agency. Auction 35 went ahead anyway, 
raising a record amount. But the D.C. circuit confirmed what I had been 
arguing for some time: that Nextwave's property right to those licenses 
could not be violated.
  Auction 35 has thus placed us in a quandary. Wireless carriers who 
were auction 35 winners are counting on that spectrum to roll out or 
enhance valuable services to consumers. And we have a giant hole in the 
budget that needs to be plugged.
  Nextwave's C block licenses have laid fallow for too long and need to 
be put to good use. The settlement agreement authorized by the prompt 
utilization of Wireless Spectrum Act of 2001 may not be the prettiest 
or easiest way to ensure that these licenses are put to good use. But 
this legislation, and the corresponding settlement, appear to be the 
best way to put them to good use.
  I applaud the parties for spending countless hours reaching this 
settlement. And I hope that both Houses of Congress can enact this 
legislation this year so that consumers can reap the benefits of 
putting this spectrum to its best use.
  I thank Mr. Sensenbrenner, Mr. Thomas, and Mr. Conyers for co-
sponsoring this legislation. And I look forward to its prompt 
consideration.

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