[Congressional Record Volume 158, Number 31 (Tuesday, February 28, 2012)]
[Extensions of Remarks]
[Page E272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 3630, MIDDLE CLASS TAX RELIEF AND JOB 
                          CREATION ACT OF 2012

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                               speech of

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                       Friday, February 17, 2012

  Ms. ESHOO. Mr. Speaker, as the Ranking Member of the Subcommittee on 
Communications and Technology, I want to provide an explanation of a 
key provision in the spectrum title of H.R. 3630, the recently enacted 
Middle Class Tax Relief and Job Creation Act of 2012, which promotes 
competition and ensures a vibrant wireless marketplace.
  Section 6404 enables participation in a spectrum auction if a person 
``complies with all the auction procedures and other requirements to 
protect the auction process established by the Commission'' and ``meets 
the technical, financial, character, and citizenship qualifications 
that the Commission may require under section 303(1)(1), 308(b), or 
310'' of the Communications Act, or would meet those qualifications by 
means approved by the Commission prior to the grant of the license.
  A similar provision was included in the version of H.R. 3630 passed 
by the House in December, however, the Conferees made three important 
modifications. First, they added the requirement that an auction 
participation must comply with ``auction procedures and other 
requirements to protect the auction process.'' This ensures that the 
FCC can ensure the integrity of each auction.
  Second, they added a requirement to ensure the FCC has the authority 
to design auction rules, such as divestiture plans, and require a 
winning bidder's compliance prior to the grant of the license.
  Third, and importantly, the Conferees added language stating that 
none of the limitations on the FCC's ability to prevent a person from 
participating in an auction ``affects any authority the Commission has 
to adopt and enforce rules of general applicability, including rules 
concerning spectrum aggregation that promote competition.'' This 
provision is critical to ensuring that the FCC can meet its statutory 
obligation to ensure competition in the wireless marketplace by 
avoiding an excessive concentration of licenses through auction-
specific rules.
  I'm pleased the Conferees saw fit to balance the original House 
language with this savings clause. As Americans increasingly depend on 
wireless services for both voice and data, this legislation makes 
substantial new spectrum available for auction and ensures that the 
FCC--by rulemaking--can adopt rules enhancing competition, consumer 
choice and innovation.

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