[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11153-S11154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  FACILITATING ABILITY OF CERTAIN SPECTRUM AUCTION WINNERS TO PURSUE 
                          ALTERNATIVE MEASURES

  Mr. REID. I ask unanimous consent that the Commerce Committee be 
discharged from consideration of S. 2869 and the Senate now proceed to 
its consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2869) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. I understand that Senators Kerry, Brownback, and Hollings 
have an amendment at the desk. I ask unanimous consent that it be 
considered and agreed to; the motion to reconsider be laid upon the 
table; that the bill, as amended, be read three times, passed, the 
motion to reconsider be laid upon the table, and that any statements 
relating thereto be printed in the Record, with no intervening action 
or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4957) was agreed to as follows:

(Purpose: To authorize the Federal Communications Commission to refund 
deposits and downpayments made by Auction 35 winning bidders who elect 
                        to withdraw their bids)

       Strike out all after the enacting clause and insert the 
     following:

     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

[[Page S11154]]

     from an Auction 35 winning bidder that has made the election 
     described in section 1, the Commission shall refund 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 
     action 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.
  The bill (S. 2869), as amended, was read the third time and passed.

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