[Congressional Record Volume 148, Number 57 (Wednesday, May 8, 2002)]
[Senate]
[Pages S4073-S4074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS:
  S. 2481. A bill to amend the Communications Act and the Miscellaneous 
Appropriations Act, 200, to require auction of 700 megahertz spectrum 
in compliance with existing statutory deadlines and to give the Federal 
Communications Commission discretion to set the auction date for all 
other spectrum auctions in the future; to the Committee on Commerce, 
Science, and Transportation.
  Mr. STEVENS. Mr. President, several years ago, after a period had 
gone by wherein spectrum available to the FCC to relicense had been 
involved in a lottery process, I suggested that we auction spectrum. 
And after some time passed, Congress did see fit to follow that 
suggestion, and we have been having spectrum auctions by the FCC.
  There is currently pending the auction of spectrum in the 747 to 762 
megahertz and 777 to 792 megahertz bands. That has been postponed 
several times now, and I think that is wrong.
  I do believe spectrum should be made available, in a competitive 
process, to those people who want to use it, and to improve our 
economy, to put into effect new technologies. But it should not be used 
just for speculation. And it should not be auctioned just because of 
market demands for spectrum, per se, in order to get the Government the 
highest level of return for the spectrum.
  The highest level of return to the taxpayers, in the long run, comes 
from

[[Page S4074]]

developing the spectrum, from enhancing the economy, and providing a 
long period of development for new technologies and new income streams, 
which will provide a new tax base for the Treasury. I believe we should 
reiterate to the FCC that it has the authority to proceed.
  I will send to the desk a bill which would create the Auction 
Completion Timing Act, and it really is saying: Act now. The Commission 
has its authority, and it should act within its own discretion.
  In order that this situation may not develop again, my bill also 
suggests future spectrum auction deadlines will be determined by the 
Commission alone, unless Congress specifically passes a law that the 
President signs that would interfere with that authority.
  I believe the Federal Communications Act of 1934 should be amended to 
make clear that notwithstanding any other provisions we put in any 
bills to the contrary in the past, the Commission may determine the 
date of any auction conducted pursuant to section 309(j) of the 
Communications Act of 1934, as amended.
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