From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 47USC309]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
Part I--General Provisions
Sec. 309. Application for license
(a) Considerations in granting application
Subject to the provisions of this section, the Commission shall
determine, in the case of each application filed with it to which
section 308 of this title applies, whether the public interest,
convenience, and necessity will be served by the granting of such
application, and, if the Commission, upon examination of such
application and upon consideration of such other matters as the
Commission may officially notice, shall find that public interest,
convenience, and necessity would be served by the granting thereof, it
shall grant such application.
(b) Time of granting application
Except as provided in subsection (c) of this section, no such
application--
(1) for an instrument of authorization in the case of a station
in the broadcasting or common carrier services, or
(2) for an instrument of authorization in the case of a station
in any of the following categories:
(A) industrial radio positioning stations for which
frequencies are assigned on an exclusive basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of stations, not in the
broadcasting or common carrier services, as the Commission shall
by rule prescribe,
shall be granted by the Commission earlier than thirty days following
issuance of public notice by the Commission of the acceptance for filing
of such application or of any substantial amendment thereof.
(c) Applications not affected by subsection (b)
Subsection (b) of this section shall not apply--
(1) to any minor amendment of an application to which such
subsection is applicable, or
(2) to any application for--
(A) a minor change in the facilities of an authorized
station,
(B) consent to an involuntary assignment or transfer under
section 310(b) of this title or to an assignment or transfer
thereunder which does not involve a substantial change in
ownership or control,
(C) a license under section 319(c) of this title or, pending
application for or grant of such license, any special or
temporary authorization to permit interim operation to
facilitate completion of authorized construction or to provide
substantially the same service as would be authorized by such
license,
(D) extension of time to complete construction of authorized
facilities,
(E) an authorization of facilities for remote pickups,
studio links and similar facilities for use in the operation of
a broadcast station,
(F) authorizations pursuant to section 325(c) of this title
where the programs to be transmitted are special events not of a
continuing nature,
(G) a special temporary authorization for nonbroadcast
operation not to exceed thirty days where no application for
regular operation is contemplated to be filed or not to exceed
sixty days pending the filing of an application for such regular
operation, or
(H) an authorization under any of the proviso clauses of
section 308(a) of this title.
(d) Petition to deny application; time; contents; reply; findings
(1) Any party in interest may file with the Commission a petition to
deny any application (whether as originally filed or as amended) to
which subsection (b) of this section applies at any time prior to the
day of Commission grant thereof without hearing or the day of formal
designation thereof for hearing; except that with respect to any
classification of applications, the Commission from time to time by rule
may specify a shorter period (no less than thirty days following the
issuance of public notice by the Commission of the acceptance for filing
of such application or of any substantial amendment thereof), which
shorter period shall be reasonably related to the time when the
applications would normally be reached for processing. The petitioner
shall serve a copy of such petition on the applicant. The petition shall
contain specific allegations of fact sufficient to show that the
petitioner is a party in interest and that a grant of the application
would be prima facie inconsistent with subsection (a) of this section
(or subsection (k) of this section in the case of renewal of any
broadcast station license). Such allegations of fact shall, except for
those of which official notice may be taken, be supported by affidavit
of a person or persons with personal knowledge thereof. The applicant
shall be given the opportunity to file a reply in which allegations of
fact or denials thereof shall similarly be supported by affidavit.
(2) If the Commission finds on the basis of the application, the
pleadings filed, or other matters which it may officially notice that
there are no substantial and material questions of fact and that a grant
of the application would be consistent with subsection (a) of this
section (or subsection (k) of this section in the case of renewal of any
broadcast station license), it shall make the grant, deny the petition,
and issue a concise statement of the reasons for denying the petition,
which statement shall dispose of all substantial issues raised by the
petition. If a substantial and material question of fact is presented or
if the Commission for any reason is unable to find that grant of the
application would be consistent with subsection (a) of this section (or
subsection (k) of this section in the case of renewal of any broadcast
station license), it shall proceed as provided in subsection (e) of this
section.
(e) Hearings; intervention; evidence; burden of proof
If, in the case of any application to which subsection (a) of this
section applies, a substantial and material question of fact is
presented or the Commission for any reason is unable to make the finding
specified in such subsection, it shall formally designate the
application for hearing on the ground or reasons then obtaining and
shall forthwith notify the applicant and all other known parties in
interest of such action and the grounds and reasons therefor, specifying
with particularity the matters and things in issue but not including
issues or requirements phrased generally. When the Commission has so
designated an application for hearing the parties in interest, if any,
who are not notified by the Commission of such action may acquire the
status of a party to the proceeding thereon by filing a petition for
intervention showing the basis for their interest not more than thirty
days after publication of the hearing issues or any substantial
amendment thereto in the Federal Register. Any hearing subsequently held
upon such application shall be a full hearing in which the applicant and
all other parties in interest shall be permitted to participate. The
burden of proceeding with the introduction of evidence and the burden of
proof shall be upon the applicant, except that with respect to any issue
presented by a petition to deny or a petition to enlarge the issues,
such burdens shall be as determined by the Commission.
(f) Temporary authorization of temporary operations under subsection (b)
When an application subject to subsection (b) of this section has
been filed, the Commission, notwithstanding the requirements of such
subsection, may, if the grant of such application is otherwise
authorized by law and if it finds that there are extraordinary
circumstances requiring temporary operations in the public interest and
that delay in the institution of such temporary operations would
seriously prejudice the public interest, grant a temporary
authorization, accompanied by a statement of its reasons therefor, to
permit such temporary operations for a period not exceeding 180 days,
and upon making like findings may extend such temporary authorization
for additional periods not to exceed 180 days. When any such grant of a
temporary authorization is made, the Commission shall give expeditious
treatment to any timely filed petition to deny such application and to
any petition for rehearing of such grant filed under section 405 of this
title.
(g) Classification of applications
The Commission is authorized to adopt reasonable classifications of
applications and amendments in order to effectuate the purposes of this
section.
(h) Form and conditions of station licenses
Such station licenses as the Commission may grant shall be in such
general form as it may prescribe, but each license shall contain, in
addition to other provisions, a statement of the following conditions to
which such license shall be subject: (1) The station license shall not
vest in the licensee any right to operate the station nor any right in
the use of the frequencies designated in the license beyond the term
thereof nor in any other manner than authorized therein; (2) neither the
license nor the right granted thereunder shall be assigned or otherwise
transferred in violation of this chapter; (3) every license issued under
this chapter shall be subject in terms to the right of use or control
conferred by section 606 of this title.
(i) Random selection
(1) General authority.--Except as provided in paragraph (5), if
there is more than one application for any initial license or
construction permit, then the Commission shall have the authority to
grant such license or permit to a qualified applicant through the use of
a system of random selection.
(2) No license or construction permit shall be granted to an
applicant selected pursuant to paragraph (1) unless the Commission
determines the qualifications of such applicant pursuant to subsection
(a) of this section and section 308(b) of this title. When substantial
and material questions of fact exist concerning such qualifications, the
Commission shall conduct a hearing in order to make such determinations.
For the purpose of making such determinations, the Commission may, by
rule, and notwithstanding any other provision of law--
(A) adopt procedures for the submission of all or part of the
evidence in written form;
(B) delegate the function of presiding at the taking of written
evidence to Commission employees other than administrative law
judges; and
(C) omit the determination required by subsection (a) of this
section with respect to any application other than the one selected
pursuant to paragraph (1).
(3)(A) The Commission shall establish rules and procedures to ensure
that, in the administration of any system of random selection under this
subsection used for granting licenses or construction permits for any
media of mass communications, significant preferences will be granted to
applicants or groups of applicants, the grant to which of the license or
permit would increase the diversification of ownership of the media of
mass communications. To further diversify the ownership of the media of
mass communications, an additional significant preference shall be
granted to any applicant controlled by a member or members of a minority
group.
(B) The Commission shall have authority to require each qualified
applicant seeking a significant preference under subparagraph (A) to
submit to the Commission such information as may be necessary to enable
the Commission to make a determination regarding whether such applicant
shall be granted such preference. Such information shall be submitted in
such form, at such times, and in accordance with such procedures, as the
Commission may require.
(C) For purposes of this paragraph:
(i) The term ``media of mass communications'' includes
television, radio, cable television, multipoint distribution
service, direct broadcast satellite service, and other services, the
licensed facilities of which may be substantially devoted toward
providing programming or other information services within the
editorial control of the licensee.
(ii) The term ``minority group'' includes Blacks, Hispanics,
American Indians, Alaska Natives, Asians, and Pacific Islanders.
(4)(A) The Commission shall, after notice and opportunity for
hearing, prescribe rules establishing a system of random selection for
use by the Commission under this subsection in any instance in which the
Commission, in its discretion, determines that such use is appropriate
for the granting of any license or permit in accordance with paragraph
(1).
(B) The Commission shall have authority to amend such rules from
time to time to the extent necessary to carry out the provisions of this
subsection. Any such amendment shall be made after notice and
opportunity for hearing.
(C) Not later than 180 days after August 10, 1993, the Commission
shall prescribe such transfer disclosures and antitrafficking
restrictions and payment schedules as are necessary to prevent the
unjust enrichment of recipients of licenses or permits as a result of
the methods employed to issue licenses under this subsection.
(5) Termination of authority.--(A) Except as provided in
subparagraph (B), the Commission shall not issue any license or permit
using a system of random selection under this subsection after July 1,
1997.
(B) Subparagraph (A) of this paragraph shall not apply with respect
to licenses or permits for stations described in section 397(6) of this
title.
(j) Use of competitive bidding
(1) General authority
If, consistent with the obligations described in paragraph
(6)(E), mutually exclusive applications are accepted for any initial
license or construction permit, then, except as provided in
paragraph (2), the Commission shall grant the license or permit to a
qualified applicant through a system of competitive bidding that
meets the requirements of this subsection.
(2) Exemptions
The competitive bidding authority granted by this subsection
shall not apply to licenses or construction permits issued by the
Commission--
(A) for public safety radio services, including private
internal radio services used by State and local governments and
non-government entities and including emergency road services
provided by not-for-profit organizations, that--
(i) are used to protect the safety of life, health, or
property; and
(ii) are not made commercially available to the public;
(B) for initial licenses or construction permits for digital
television service given to existing terrestrial broadcast
licensees to replace their analog television service licenses;
or
(C) for stations described in section 397(6) of this title.
(3) Design of systems of competitive bidding
For each class of licenses or permits that the Commission grants
through the use of a competitive bidding system, the Commission
shall, by regulation, establish a competitive bidding methodology.
The Commission shall seek to design and test multiple alternative
methodologies under appropriate circumstances. The Commission shall,
directly or by contract, provide for the design and conduct (for
purposes of testing) of competitive bidding using a contingent
combinatorial bidding system that permits prospective bidders to bid
on combinations or groups of licenses in a single bid and to enter
multiple alternative bids within a single bidding round. In
identifying classes of licenses and permits to be issued by
competitive bidding, in specifying eligibility and other
characteristics of such licenses and permits, and in designing the
methodologies for use under this subsection, the Commission shall
include safeguards to protect the public interest in the use of the
spectrum and shall seek to promote the purposes specified in section
151 of this title and the following objectives:
(A) the development and rapid deployment of new
technologies, products, and services for the benefit of the
public, including those residing in rural areas, without
administrative or judicial delays;
(B) promoting economic opportunity and competition and
ensuring that new and innovative technologies are readily
accessible to the American people by avoiding excessive
concentration of licenses and by disseminating licenses among a
wide variety of applicants, including small businesses, rural
telephone companies, and businesses owned by members of minority
groups and women;
(C) recovery for the public of a portion of the value of the
public spectrum resource made available for commercial use and
avoidance of unjust enrichment through the methods employed to
award uses of that resource;
(D) efficient and intensive use of the electromagnetic
spectrum; and
(E) ensure that, in the scheduling of any competitive
bidding under this subsection, an adequate period is allowed--
(i) before issuance of bidding rules, to permit notice
and comment on proposed auction procedures; and
(ii) after issuance of bidding rules, to ensure that
interested parties have a sufficient time to develop
business plans, assess market conditions, and evaluate the
availability of equipment for the relevant services.
(4) Contents of regulations
In prescribing regulations pursuant to paragraph (3), the
Commission shall--
(A) consider alternative payment schedules and methods of
calculation, including lump sums or guaranteed installment
payments, with or without royalty payments, or other schedules
or methods that promote the objectives described in paragraph
(3)(B), and combinations of such schedules and methods;
(B) include performance requirements, such as appropriate
deadlines and penalties for performance failures, to ensure
prompt delivery of service to rural areas, to prevent
stockpiling or warehousing of spectrum by licensees or
permittees, and to promote investment in and rapid deployment of
new technologies and services;
(C) consistent with the public interest, convenience, and
necessity, the purposes of this chapter, and the characteristics
of the proposed service, prescribe area designations and
bandwidth assignments that promote (i) an equitable distribution
of licenses and services among geographic areas, (ii) economic
opportunity for a wide variety of applicants, including small
businesses, rural telephone companies, and businesses owned by
members of minority groups and women, and (iii) investment in
and rapid deployment of new technologies and services;
(D) ensure that small businesses, rural telephone companies,
and businesses owned by members of minority groups and women are
given the opportunity to participate in the provision of
spectrum-based services, and, for such purposes, consider the
use of tax certificates, bidding preferences, and other
procedures;
(E) require such transfer disclosures and antitrafficking
restrictions and payment schedules as may be necessary to
prevent unjust enrichment as a result of the methods employed to
issue licenses and permits; and
(F) prescribe methods by which a reasonable reserve price
will be required, or a minimum bid will be established, to
obtain any license or permit being assigned pursuant to the
competitive bidding, unless the Commission determines that such
a reserve price or minimum bid is not in the public interest.
(5) Bidder and licensee qualification
No person shall be permitted to participate in a system of
competitive bidding pursuant to this subsection unless such bidder
submits such information and assurances as the Commission may
require to demonstrate that such bidder's application is acceptable
for filing. No license shall be granted to an applicant selected
pursuant to this subsection unless the Commission determines that
the applicant is qualified pursuant to subsection (a) of this
section and sections 308(b) and 310 of this title. Consistent with
the objectives described in paragraph (3), the Commission shall, by
regulation, prescribe expedited procedures consistent with the
procedures authorized by subsection (i)(2) of this section for the
resolution of any substantial and material issues of fact concerning
qualifications.
(6) Rules of construction
Nothing in this subsection, or in the use of competitive
bidding, shall--
(A) alter spectrum allocation criteria and procedures
established by the other provisions of this chapter;
(B) limit or otherwise affect the requirements of subsection
(h) of this section, section 301, 304, 307, 310, or 606 of this
title, or any other provision of this chapter (other than
subsections (d)(2) and (e) of this section);
(C) diminish the authority of the Commission under the other
provisions of this chapter to regulate or reclaim spectrum
licenses;
(D) be construed to convey any rights, including any
expectation of renewal of a license, that differ from the rights
that apply to other licenses within the same service that were
not issued pursuant to this subsection;
(E) be construed to relieve the Commission of the obligation
in the public interest to continue to use engineering solutions,
negotiation, threshold qualifications, service regulations, and
other means in order to avoid mutual exclusivity in application
and licensing proceedings;
(F) be construed to prohibit the Commission from issuing
nationwide, regional, or local licenses or permits;
(G) be construed to prevent the Commission from awarding
licenses to those persons who make significant contributions to
the development of a new telecommunications service or
technology; or
(H) be construed to relieve any applicant for a license or
permit of the obligation to pay charges imposed pursuant to
section 158 of this title.
(7) Consideration of revenues in public interest
determinations
(A) Consideration prohibited
In making a decision pursuant to section 303(c) of this
title to assign a band of frequencies to a use for which
licenses or permits will be issued pursuant to this subsection,
and in prescribing regulations pursuant to paragraph (4)(C) of
this subsection, the Commission may not base a finding of public
interest, convenience, and necessity on the expectation of
Federal revenues from the use of a system of competitive bidding
under this subsection.
(B) Consideration limited
In prescribing regulations pursuant to paragraph (4)(A) of
this subsection, the Commission may not base a finding of public
interest, convenience, and necessity solely or predominantly on
the expectation of Federal revenues from the use of a system of
competitive bidding under this subsection.
(C) Consideration of demand for spectrum not affected
Nothing in this paragraph shall be construed to prevent the
Commission from continuing to consider consumer demand for
spectrum-based services.
(8) Treatment of revenues
(A) General rule
Except as provided in subparagraph (B), all proceeds from
the use of a competitive bidding system under this subsection
shall be deposited in the Treasury in accordance with chapter 33
of title 31.
(B) Retention of revenues
Notwithstanding subparagraph (A), the salaries and expenses
account of the Commission shall retain as an offsetting
collection such sums as may be necessary from such proceeds for
the costs of developing and implementing the program required by
this subsection. Such offsetting collections shall be available
for obligation subject to the terms and conditions of the
receiving appropriations account, and shall be deposited in such
accounts on a quarterly basis. Such offsetting collections are
authorized to remain available until expended. No sums may be
retained under this subparagraph during any fiscal year
beginning after September 30, 1998, if the annual report of the
Commission under section 154(k) of this title for the second
preceding fiscal year fails to include in the itemized statement
required by paragraph (3) of such section a statement of each
expenditure made for purposes of conducting competitive bidding
under this subsection during such second preceding fiscal year.
(C) Deposit and use of auction escrow accounts
Any deposits the Commission may require for the
qualification of any person to bid in a system of competitive
bidding pursuant to this subsection shall be deposited in an
interest bearing account at a financial institution designated
for purposes of this subsection by the Commission (after
consultation with the Secretary of the Treasury). Within 45 days
following the conclusion of the competitive bidding--
(i) the deposits of successful bidders shall be paid to
the Treasury;
(ii) the deposits of unsuccessful bidders shall be
returned to such bidders; and
(iii) the interest accrued to the account shall be
transferred to the Telecommunications Development Fund
established pursuant to section 614 of this title.
(9) Use of former Government spectrum
The Commission shall, not later than 5 years after August 10,
1993, issue licenses and permits pursuant to this subsection for the
use of bands of frequencies that--
(A) in the aggregate span not less than 10 megahertz; and
(B) have been reassigned from Government use pursuant to
part B of the National Telecommunications and Information
Administration Organization Act [47 U.S.C. 921 et seq.].
(10) Authority contingent on availability of additional
spectrum
(A) Initial conditions
The Commission's authority to issue licenses or permits
under this subsection shall not take effect unless--
(i) the Secretary of Commerce has submitted to the
Commission the report required by section 113(d)(1) of the
National Telecommunications and Information Administration
Organization Act [47 U.S.C. 923(d)(1)];
(ii) such report recommends for immediate reallocation
bands of frequencies that, in the aggregate, span not less
than 50 megahertz;
(iii) such bands of frequencies meet the criteria
required by section 113(a) of such Act [47 U.S.C. 923(a)];
and
(iv) the Commission has completed the rulemaking
required by section 332(c)(1)(D) of this title.
(B) Subsequent conditions
The Commission's authority to issue licenses or permits
under this subsection on and after 2 years after August 10,
1993, shall cease to be effective if--
(i) the Secretary of Commerce has failed to submit the
report required by section 113(a) of the National
Telecommunications and Information Administration
Organization Act [47 U.S.C. 923(a)];
(ii) the President has failed to withdraw and limit
assignments of frequencies as required by paragraphs (1) and
(2) of section 114(a) of such Act [47 U.S.C. 924(a)];
(iii) the Commission has failed to issue the regulations
required by section 115(a) of such Act [47 U.S.C. 925(a)];
(iv) the Commission has failed to complete and submit to
Congress, not later than 18 months after August 10, 1993, a
study of current and future spectrum needs of State and
local government public safety agencies through the year
2010, and a specific plan to ensure that adequate
frequencies are made available to public safety licensees;
or
(v) the Commission has failed under section 332(c)(3) of
this title to grant or deny within the time required by such
section any petition that a State has filed within 90 days
after August 10, 1993;
until such failure has been corrected.
(11) Termination
The authority of the Commission to grant a license or permit
under this subsection shall expire September 30, 2007.
(12) Evaluation
Not later than September 30, 1997, the Commission shall conduct
a public inquiry and submit to the Congress a report--
(A) containing a statement of the revenues obtained, and a
projection of the future revenues, from the use of competitive
bidding systems under this subsection;
(B) describing the methodologies established by the
Commission pursuant to paragraphs (3) and (4);
(C) comparing the relative advantages and disadvantages of
such methodologies in terms of attaining the objectives
described in such paragraphs;
(D) evaluating whether and to what extent--
(i) competitive bidding significantly improved the
efficiency and effectiveness of the process for granting
radio spectrum licenses;
(ii) competitive bidding facilitated the introduction of
new spectrum-based technologies and the entry of new
companies into the telecommunications market;
(iii) competitive bidding methodologies have secured
prompt delivery of service to rural areas and have
adequately addressed the needs of rural spectrum users; and
(iv) small businesses, rural telephone companies, and
businesses owned by members of minority groups and women
were able to participate successfully in the competitive
bidding process; and
(E) recommending any statutory changes that are needed to
improve the competitive bidding process.
(13) Recovery of value of public spectrum in connection with
pioneer preferences
(A) In general
Notwithstanding paragraph (6)(G), the Commission shall not
award licenses pursuant to a preferential treatment accorded by
the Commission to persons who make significant contributions to
the development of a new telecommunications service or
technology, except in accordance with the requirements of this
paragraph.
(B) Recovery of value
The Commission shall recover for the public a portion of the
value of the public spectrum resource made available to such
person by requiring such person, as a condition for receipt of
the license, to agree to pay a sum determined by--
(i) identifying the winning bids for the licenses that
the Commission determines are most reasonably comparable in
terms of bandwidth, scope of service area, usage
restrictions, and other technical characteristics to the
license awarded to such person, and excluding licenses that
the Commission determines are subject to bidding anomalies
due to the award of preferential treatment;
(ii) dividing each such winning bid by the population of
its service area (hereinafter referred to as the per capita
bid amount);
(iii) computing the average of the per capita bid
amounts for the licenses identified under clause (i);
(iv) reducing such average amount by 15 percent; and
(v) multiplying the amount determined under clause (iv)
by the population of the service area of the license
obtained by such person.
(C) Installments permitted
The Commission shall require such person to pay the sum
required by subparagraph (B) in a lump sum or in guaranteed
installment payments, with or without royalty payments, over a
period of not more than 5 years.
(D) Rulemaking on pioneer preferences
Except with respect to pending applications described in
clause (iv) of this subparagraph, the Commission shall prescribe
regulations specifying the procedures and criteria by which the
Commission will evaluate applications for preferential treatment
in its licensing processes (by precluding the filing of mutually
exclusive applications) for persons who make significant
contributions to the development of a new service or to the
development of new technologies that substantially enhance an
existing service. Such regulations shall--
(i) specify the procedures and criteria by which the
significance of such contributions will be determined, after
an opportunity for review and verification by experts in the
radio sciences drawn from among persons who are not
employees of the Commission or by any applicant for such
preferential treatment;
(ii) include such other procedures as may be necessary
to prevent unjust enrichment by ensuring that the value of
any such contribution justifies any reduction in the amounts
paid for comparable licenses under this subsection;
(iii) be prescribed not later than 6 months after
December 8, 1994;
(iv) not apply to applications that have been accepted
for filing on or before September 1, 1994; and
(v) cease to be effective on the date of the expiration
of the Commission's authority under subparagraph (F).
(E) Implementation with respect to pending applications
In applying this paragraph to any broadband licenses in the
personal communications service awarded pursuant to the
preferential treatment accorded by the Federal Communications
Commission in the Third Report and Order in General Docket 90-
314 (FCC 93-550, released February 3, 1994)--
(i) the Commission shall not reconsider the award of
preferences in such Third Report and Order, and the
Commission shall not delay the grant of licenses based on
such awards more than 15 days following December 8, 1994,
and the award of such preferences and licenses shall not be
subject to administrative or judicial review;
(ii) the Commission shall not alter the bandwidth or
service areas designated for such licenses in such Third
Report and Order;
(iii) except as provided in clause (v), the Commission
shall use, as the most reasonably comparable licenses for
purposes of subparagraph (B)(i), the broadband licenses in
the personal communications service for blocks A and B for
the 20 largest markets (ranked by population) in which no
applicant has obtained preferential treatment;
(iv) for purposes of subparagraph (C), the Commission
shall permit guaranteed installment payments over a period
of 5 years, subject to--
(I) the payment only of interest on unpaid balances
during the first 2 years, commencing not later than 30
days after the award of the license (including any
preferential treatment used in making such award) is
final and no longer subject to administrative or
judicial review, except that no such payment shall be
required prior to the date of completion of the auction
of the comparable licenses described in clause (iii);
and
(II) payment of the unpaid balance and interest
thereon after the end of such 2 years in accordance with
the regulations prescribed by the Commission; and
(v) the Commission shall recover with respect to
broadband licenses in the personal communications service an
amount under this paragraph that is equal to not less than
$400,000,000, and if such amount is less than $400,000,000,
the Commission shall recover an amount equal to $400,000,000
by allocating such amount among the holders of such licenses
based on the population of the license areas held by each
licensee.
The Commission shall not include in any amounts required to be
collected under clause (v) the interest on unpaid balances
required to be collected under clause (iv).
(F) Expiration
The authority of the Commission to provide preferential
treatment in licensing procedures (by precluding the filing of
mutually exclusive applications) to persons who make significant
contributions to the development of a new service or to the
development of new technologies that substantially enhance an
existing service shall expire on August 5, 1997.
(G) Effective date
This paragraph shall be effective on December 8, 1994, and
apply to any licenses issued on or after August 1, 1994, by the
Federal Communications Commission pursuant to any licensing
procedure that provides preferential treatment (by precluding
the filing of mutually exclusive applications) to persons who
make significant contributions to the development of a new
service or to the development of new technologies that
substantially enhance an existing service.
(14) Auction of recaptured broadcast television spectrum
(A) Limitations on terms of terrestrial television broadcast
licenses
A television broadcast license that authorizes analog
television service may not be renewed to authorize such service
for a period that extends beyond December 31, 2006.
(B) Extension
The Commission shall extend the date described in
subparagraph (A) for any station that requests such extension in
any television market if the Commission finds that--
(i) one or more of the stations in such market that are
licensed to or affiliated with one of the four largest
national television networks are not broadcasting a digital
television service signal, and the Commission finds that
each such station has exercised due diligence and satisfies
the conditions for an extension of the Commission's
applicable construction deadlines for digital television
service in that market;
(ii) digital-to-analog converter technology is not
generally available in such market; or
(iii) in any market in which an extension is not
available under clause (i) or (ii), 15 percent or more of
the television households in such market--
(I) do not subscribe to a multichannel video
programming distributor (as defined in section 522 of
this title) that carries one of the digital television
service programming channels of each of the television
stations broadcasting such a channel in such market; and
(II) do not have either--
(a) at least one television receiver capable of
receiving the digital television service signals of
the television stations licensed in such market; or
(b) at least one television receiver of analog
television service signals equipped with digital-to-
analog converter technology capable of receiving the
digital television service signals of the television
stations licensed in such market.
(C) Spectrum reversion and resale
(i) The Commission shall--
(I) ensure that, as licenses for analog television
service expire pursuant to subparagraph (A) or (B), each
licensee shall cease using electromagnetic spectrum assigned
to such service according to the Commission's direction; and
(II) reclaim and organize the electromagnetic spectrum
in a manner consistent with the objectives described in
paragraph (3) of this subsection.
(ii) Licensees for new services occupying spectrum reclaimed
pursuant to clause (i) shall be assigned in accordance with this
subsection.
(D) Certain limitations on qualified bidders prohibited
In prescribing any regulations relating to the qualification
of bidders for spectrum reclaimed pursuant to subparagraph
(C)(i), the Commission, for any license that may be used for any
digital television service where the grade A contour of the
station is projected to encompass the entirety of a city with a
population in excess of 400,000 (as determined using the 1990
decennial census), shall not--
(i) preclude any party from being a qualified bidder for
such spectrum on the basis of--
(I) the Commission's duopoly rule (47 C.F.R.
73.3555(b)); or
(II) the Commission's newspaper cross-ownership rule
(47 C.F.R. 73.3555(d)); or
(ii) apply either such rule to preclude such a party
that is a winning bidder in a competitive bidding for such
spectrum from using such spectrum for digital television
service.
(15) Commission to determine timing of auctions
(A) Commission authority
Subject to the provisions of this subsection (including
paragraph (11)), but notwithstanding any other provision of law,
the Commission shall determine the timing of and deadlines for
the conduct of competitive bidding under this subsection,
including the timing of and deadlines for qualifying for
bidding; conducting auctions; collecting, depositing, and
reporting revenues; and completing licensing processes and
assigning licenses.
(B) Termination of portions of auctions 31 and 44
Except as provided in subparagraph (C), the Commission shall
not commence or conduct auctions 31 and 44 on June 19, 2002, as
specified in the public notices of March 19, 2002, and March 20,
2002 (DA 02-659 and DA 02-563).
(C) Exception
(i) Blocks excepted
Subparagraph (B) shall not apply to the auction of--
(I) the C-block of licenses on the bands of
frequencies located at 710-716 megahertz, and 740-746
megahertz; or
(II) the D-block of licenses on the bands of
frequencies located at 716-722 megahertz.
(ii) Eligible bidders
The entities that shall be eligible to bid in the
auction of the C-block and D-block licenses described in
clause (i) shall be those entities that were qualified
entities, and that submitted applications to participate in
auction 44, by May 8, 2002, as part of the original auction
44 short form filing deadline.
(iii) Auction deadlines for excepted blocks
Notwithstanding subparagraph (B), the auction of the C-
block and D-block licenses described in clause (i) shall be
commenced no earlier than August 19, 2002, and no later than
September 19, 2002, and the proceeds of such auction shall
be deposited in accordance with paragraph (8) not later than
December 31, 2002.
(iv) Report
Within one year after June 19, 2002, the Commission
shall submit a report to Congress--
(I) specifying when the Commission intends to
reschedule auctions 31 and 44 (other than the blocks
excepted by clause (i)); and
(II) describing the progress made by the Commission
in the digital television transition and in the
assignment and allocation of additional spectrum for
advanced mobile communications services that warrants
the scheduling of such auctions.
(D) Return of payments
Within one month after June 19, 2002, the Commission shall
return to the bidders for licenses in the A-block, B-block, and
E-block of auction 44 the full amount of all upfront payments
made by such bidders for such licenses.
(k) Broadcast station renewal procedures
(1) Standards for renewal
If the licensee of a broadcast station submits an application to
the Commission for renewal of such license, the Commission shall
grant the application if it finds, with respect to that station,
during the preceding term of its license--
(A) the station has served the public interest, convenience,
and necessity;
(B) there have been no serious violations by the licensee of
this chapter or the rules and regulations of the Commission; and
(C) there have been no other violations by the licensee of
this chapter or the rules and regulations of the Commission
which, taken together, would constitute a pattern of abuse.
(2) Consequence of failure to meet standard
If any licensee of a broadcast station fails to meet the
requirements of this subsection, the Commission may deny the
application for renewal in accordance with paragraph (3), or grant
such application on terms and conditions as are appropriate,
including renewal for a term less than the maximum otherwise
permitted.
(3) Standards for denial
If the Commission determines, after notice and opportunity for a
hearing as provided in subsection (e) of this section, that a
licensee has failed to meet the requirements specified in paragraph
(1) and that no mitigating factors justify the imposition of lesser
sanctions, the Commission shall--
(A) issue an order denying the renewal application filed by
such licensee under section 308 of this title; and
(B) only thereafter accept and consider such applications
for a construction permit as may be filed under section 308 of
this title specifying the channel or broadcasting facilities of
the former licensee.
(4) Competitor consideration prohibited
In making the determinations specified in paragraph (1) or (2),
the Commission shall not consider whether the public interest,
convenience, and necessity might be served by the grant of a license
to a person other than the renewal applicant.
(l) Applicability of competitive bidding to pending comparative
licensing cases
With respect to competing applications for initial licenses or
construction permits for commercial radio or television stations that
were filed with the Commission before July 1, 1997, the Commission
shall--
(1) have the authority to conduct a competitive bidding
proceeding pursuant to subsection (j) of this section to assign such
license or permit;
(2) treat the persons filing such applications as the only
persons eligible to be qualified bidders for purposes of such
proceeding; and
(3) waive any provisions of its regulations necessary to permit
such persons to enter an agreement to procure the removal of a
conflict between their applications during the 180-day period
beginning on August 5, 1997.
(June 19, 1934, ch. 652, title III, Sec. 309, 48 Stat. 1085; July 16,
1952, ch. 879, Sec. 7, 66 Stat. 715; Mar. 26, 1954, ch. 110, 68 Stat.
35; Jan. 20, 1956, ch. 1, 70 Stat. 3; Pub. L. 86-752, Sec. 4(a), Sept.
13, 1960, 74 Stat. 889; Pub. L. 88-306, May 14, 1964, 78 Stat. 193; Pub.
L. 88-307, May 14, 1964, 78 Stat. 194; Pub. L. 97-35, title XII,
Sec. 1242(a), Aug. 13, 1981, 95 Stat. 736; Pub. L. 97-259, title I,
Secs. 114, 115, Sept. 13, 1982, 96 Stat. 1094; Pub. L. 98-549,
Sec. 6(b)(1), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 103-66, title VI,
Sec. 6002(a), (b)(1), Aug. 10, 1993, 107 Stat. 387, 392; Pub. L. 103-
414, title III, Secs. 303(a)(16), (17), 304(a)(9), Oct. 25, 1994, 108
Stat. 4295, 4297; Pub. L. 103-465, title VIII, Sec. 801, Dec. 8, 1994,
108 Stat. 5050; Pub. L. 104-104, title II, Sec. 204(a), title IV,
Sec. 403(j), title VII, Secs. 707(a), 710(c), Feb. 8, 1996, 110 Stat.
112, 131, 154, 161; Pub. L. 105-33, title III, Secs. 3002(a)(1)-(3),
3003, Aug. 5, 1997, 111 Stat. 258, 260, 265; Pub. L. 107-195, Sec. 3(a),
(b)(1), June 19, 2002, 116 Stat. 716, 717.)
References in Text
The National Telecommunications and Information Administration
Organization Act, referred to in subsec. (j)(9)(B), is title I of Pub.
L. 102-538, Oct. 27, 1992, 106 Stat. 3533, as amended. Part B of the Act
is classified generally to subchapter II (Sec. 921 et seq.) of chapter 8
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 901 of this title and Tables.
Amendments
2002--Subsec. (j)(14)(C)(ii). Pub. L. 107-195, Sec. 3(b)(1), struck
out at end ``The Commission shall complete the assignment of such
licenses, and report to the Congress the total revenues from such
competitive bidding, by September 30, 2002.''
Subsec. (j)(15). Pub. L. 107-195, Sec. 3(a), added par. (15).
1997--Subsec. (i)(1). Pub. L. 105-33, Sec. 3002(a)(2)(A), added par.
(1) and struck out heading and text of former par. (1). Text read as
follows: ``If--
``(A) there is more than one application for any initial license
or construction permit which will involve a use of the
electromagnetic spectrum; and
``(B) the Commission has determined that the use is not
described in subsection (j)(2)(A) of this section;
then the Commission shall have the authority to grant such license or
permit to a qualified applicant through the use of a system of random
selection.''
Subsec. (i)(5). Pub. L. 105-33, Sec. 3002(a)(2)(B), added par. (5).
Subsec. (j)(1), (2). Pub. L. 105-33, Sec. 3002(a)(1)(A), added pars.
(1) and (2) and struck out former pars. (1) and (2) which read as
follows:
``(1) General authority.--If mutually exclusive applications are
accepted for filing for any initial license or construction permit which
will involve a use of the electromagnetic spectrum described in
paragraph (2), then the Commission shall have the authority, subject to
paragraph (10), to grant such license or permit to a qualified applicant
through the use of a system of competitive bidding that meets the
requirements of this subsection.
``(2) Uses to which bidding may apply.--A use of the electromagnetic
spectrum is described in this paragraph if the Commission determines
that--
``(A) the principal use of such spectrum will involve, or is
reasonably likely to involve, the licensee receiving compensation
from subscribers in return for which the licensee--
``(i) enables those subscribers to receive communications
signals that are transmitted utilizing frequencies on which the
licensee is licensed to operate; or
``(ii) enables those subscribers to transmit directly
communications signals utilizing frequencies on which the
licensee is licensed to operate; and
``(B) a system of competitive bidding will promote the
objectives described in paragraph (3).''
Subsec. (j)(3). Pub. L. 105-33, Sec. 3002(a)(1)(B)(i), inserted
after second sentence of introductory provisions ``The Commission shall,
directly or by contract, provide for the design and conduct (for
purposes of testing) of competitive bidding using a contingent
combinatorial bidding system that permits prospective bidders to bid on
combinations or groups of licenses in a single bid and to enter multiple
alternative bids within a single bidding round.''
Subsec. (j)(3)(E). Pub. L. 105-33, Sec. 3002(a)(1)(B)(ii)-(iv),
added subpar. (E).
Subsec. (j)(4)(F). Pub. L. 105-33, Sec. 3002(a)(1)(C), added subpar.
(F).
Subsec. (j)(8)(B). Pub. L. 105-33, Sec. 3002(a)(1)(D), struck out
``Any funds appropriated to the Commission for fiscal years 1994 through
1998 for the purpose of assigning licenses using random selection under
subsection (i) of this section shall be used by the Commission to
implement this subsection.'' after ``quarterly basis.'' and inserted at
end ``No sums may be retained under this subparagraph during any fiscal
year beginning after September 30, 1998, if the annual report of the
Commission under section 154(k) of this title for the second preceding
fiscal year fails to include in the itemized statement required by
paragraph (3) of such section a statement of each expenditure made for
purposes of conducting competitive bidding under this subsection during
such second preceding fiscal year.''
Subsec. (j)(11). Pub. L. 105-33, Sec. 3002(a)(1)(E), substituted
``2007'' for ``1998''.
Subsec. (j)(13)(F). Pub. L. 105-33, Sec. 3002(a)(1)(F), substituted
``August 5, 1997'' for ``September 30, 1998''.
Subsec. (j)(14). Pub. L. 105-33, Sec. 3003, added par. (14).
Subsec. (l). Pub. L. 105-33, Sec. 3002(a)(3), added subsec. (l).
1996--Subsec. (b)(2)(A) to (G). Pub. L. 104-104, Sec. 403(j),
redesignated subpars. (B) to (G) as (A) to (F), respectively, and struck
out former subpar. (A) which read as follows: ``fixed point-to-point
microwave stations (exclusive of control and relay stations used as
integral parts of mobile radio systems),''.
Subsec. (d). Pub. L. 104-104, Sec. 204(a)(2), inserted ``(or
subsection (k) of this section in the case of renewal of any broadcast
station license)'' after ``with subsection (a) of this section''
wherever appearing.
Subsec. (j)(8)(B). Pub. L. 104-104, Sec. 710(c), inserted at end
``Such offsetting collections are authorized to remain available until
expended.''
Subsec. (j)(8)(C). Pub. L. 104-104, Sec. 707(a), added subpar. (C).
Subsec. (k). Pub. L. 104-104, Sec. 204(a)(1), added subsec. (k).
1994--Subsec. (c)(2)(F). Pub. L. 103-414, Sec. 303(a)(16),
substituted ``section 325(c)'' for ``section 325(b)''.
Subsec. (i)(4)(A). Pub. L. 103-414, Sec. 304(a)(9), which directed
substitution of ``The Commission shall'' for ``The commission, not later
than 180 days after the date of the enactment of the Communications
Technical Amendments Act of 1982, shall'', was executed by making the
substitution for ``The Commission, not later than 180 days after the
date of the enactment of the Communications Amendments Act of 1982,
shall'', which for purposes of codification had been translated as ``The
Commission, not later than 180 days after September 13, 1982, shall'',
to reflect the probable intent of Congress and the amendment by Pub. L.
103-414, Sec. 303(a)(17). See below.
Pub. L. 103-414, Sec. 303(a)(17), substituted ``date of the
enactment of the Communications Amendments Act of 1982'' for ``date of
the enactment of the Communications Technical Amendments Act of 1982'',
which for purposes of codification had been translated as ``September
13, 1982'', thus resulting in no change in text.
Subsec. (j)(13). Pub. L. 103-465 added par. (13).
1993--Subsec. (i). Pub. L. 103-66, Sec. 6002(b)(1), inserted subsec.
heading, added par. (1), struck out former par. (1), and in par. (4),
added subpar. (C). Prior to amendment, par. (1) read as follows: ``If
there is more than one application for any initial license or
construction permit which will involve any use of the electromagnetic
spectrum, then the Commission, after determining that each such
application is acceptable for filing, shall have authority to grant such
license or permit to a qualified applicant through the use of a system
of random selection.''
Subsec. (j). Pub. L. 103-66, Sec. 6002(a), added subsec. (j).
1984--Subsec. (h). Pub. L. 98-549 substituted ``section 706'' for
``section 606'' in the original to accommodate renumbering of sections
in subchapter VI (section 601 et seq.) of this chapter by section 6(a)
of Pub. L. 98-549. Because both sections translate as ``section 606 of
this title'', the amendment by section 6(b)(1) of Pub. L. 98-549
resulted in no change in text.
1982--Subsec. (f). Pub. L. 97-259, Sec. 114, substituted
``temporary'' for ``emergency'' wherever appearing, ``additional
periods'' for ``one additional period'', and ``180 days'' for ``ninety
days'' wherever appearing.
Subsec. (i)(1). Pub. L. 97-259, Sec. 115(a), substituted
``application'' for ``applicant'' after ``more than one'', and ``that
each such application is acceptable for filing'' for ``the
qualifications of each such applicant under section 308(b) of this
title''.
Subsec. (i)(2). Pub. L. 97-259, Sec. 115(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``The
determination of the Commission under paragraph (1) with respect to the
qualifications of applicants for an initial license or construction
permit shall be made after notice and opportunity for a hearing, except
that the provisions of section 409(c)(2) of this title shall not apply
in the case of any such determination.''
Subsec. (i)(3)(A). Pub. L. 97-259, Sec. 115(c)(1), substituted
``used for granting licenses or construction permits for any media of
mass communications, significant preferences will be granted to
applicants or groups of applicants, the grant to which of the license or
permit would increase the diversification of ownership of the media of
mass communications. To further diversify the ownership of the media of
mass communications, an additional significant preference shall be
granted to any applicant controlled by a member or members of a minority
group'' for ``, groups or organizations, or members of groups or
organizations, which are underrepresented in the ownership of
telecommunications facilities or properties will be granted significant
preferences''.
Subsec. (i)(3)(C). Pub. L. 97-259, Sec. 115(c)(2), added subpar.
(C).
Subsec. (i)(4)(A). Pub. L. 97-259, Sec. 115(d), substituted
``September 13, 1982,'' for ``August 13, 1981,''.
1981--Subsec. (i). Pub. L. 97-35 added subsec. (i).
1964--Subsec. (c)(2)(G). Pub. L. 88-307 inserted ``not to exceed
sixty days''.
Subsec. (e). Pub. L. 88-306 substituted ``not more than thirty days
after publication of the hearing issues or any substantial amendment
thereto in the Federal Register'' for ``at any time not less than ten
days prior to the date of hearing''.
1960--Pub. L. 86-752 amended section generally to revise pre-grant
procedure, and, among other changes, a public notice was substituted for
a mandatory notice to applicants and interested parties before hearings
upon applications; the Commission was required to hold applications for
30 days before acting upon them without hearings; interested parties
were permitted to file petitions to deny applications before the
Commission acted upon them without hearings, in lieu of 30 days after
applications were granted; interested parties were required to support
their petitions with ``specific'' allegations of fact; the Commission
was permitted to dispense with formal hearings when there are ``no
substantial or material questions of fact,'' subject to a requirement
that it issue a ``concise statement of the reasons'' for its action.
1956--Subsec. (c). Act Jan. 20, 1956, struck out hearings with
respect to facts which, even if true, would not be grounds for setting
aside the Commission's grant; gave the Commission discretion to keep in
effect the protested authorization but required the Commission to
affirmatively find and set forth that the public interest requires grant
to remain in effect; and authorized Commission to redraft issues urged
by protestant in accordance with the facts alleged in the protest.
1954--Subsec. (c). Act Mar. 26, 1954, substituted ``thirty days''
for ``fifteen days'' in fourth sentence.
1952--Act July 16, 1952, amended section generally to set forth
procedure to be followed in cases of denial of applications.
Effective Date of 1997 Amendment
Section 3002(a)(5) of Pub. L. 105-33 provided that: ``Except as
otherwise provided therein, the amendments made by this subsection
[amending this section] are effective on July 1, 1997.''
Effective Date of 1996 Amendment
Amendment by section 204(a) of Pub. L. 104-104 applicable to
applications filed after May 1, 1995, see section 204(c) of Pub. L. 104-
104, set out as a note under section 308 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984,
except where otherwise expressly provided, see section 9(a) of Pub. L.
98-549, set out as a note under section 521 of this title.
Effective Date of 1960 Amendment
Section 4(d)(1)-(3) of Pub. L. 86-752 provided that:
``(1) Subsections (a) and (b) of this section [amending this section
and section 319 of this title] shall take effect ninety days after the
date of the enactment of this Act [Sept. 13, 1960].
``(2) Section 309 of the Communications Act of 1934 [this section]
(as amended by subsection (a) of this section) shall apply to any
application to which section 308 of such Act [section 308 of this title]
applies (A) which is filed on or after the effective date of subsection
(a) of this section, (B) which is filed before such effective date, but
is substantially amended on or after such effective date, or (C) which
is filed before such effective date and is not substantially amended on
or after such effective date, but with respect to which the Commission
by rule provides reasonable opportunity to file petitions to deny in
accordance with section 309 of such Act (as amended by subsection (a) of
this section) [this section].
``(3) Section 309 of the Communications Act of 1934 [this section],
as in effect immediately before the effective date of subsection (a) of
this section, shall, on and after such effective date, apply only to
applications to which section 308 of such Act [section 308 of this
title] apply which are filed before such effective date and not
substantially amended on or after such effective date and with respect
to which the Commission does not permit petitions to deny to be filed as
provided in clause (C) of paragraph (2) of this subsection.''
Findings
Pub. L. 107-195, Sec. 2, June 19, 2002, 116 Stat. 715, provided
that: ``Congress finds the following:
``(1) Circumstances in the telecommunications market have
changed dramatically since the auctioning of spectrum in the 700
megahertz band was originally mandated by Congress in 1997, raising
serious questions as to whether the original deadlines, or the
subsequent revision of the deadlines, are consistent with sound
telecommunications policy and spectrum management principles.
``(2) No comprehensive plan yet exists for allocating additional
spectrum for third-generation wireless and other advanced
communications services. The Federal Communications Commission
should have the flexibility to auction frequencies in the 700
megahertz band for such purposes.
``(3) The study being conducted by the National
Telecommunications and Information Administration in consultation
with the Department of Defense to determine whether the Department
of Defense can share or relinquish additional spectrum for third
generation wireless and other advanced communications services will
not be completed until after the June 19th auction date for the
upper 700 megahertz band, and long after the applications must be
filed to participate in the auction, thereby creating further
uncertainty as to whether the frequencies in the 700 megahertz band
will be put to their highest and best use for the benefit of
consumers.
``(4) The Federal Communications Commission is also in the
process of determining how to resolve the interference problems that
exist in the 800 megahertz band, especially for public safety. One
option being considered for the 800 megahertz band would involve the
700 megahertz band. The Commission should not hold the 700 megahertz
auction before the 800 megahertz interference issues are resolved or
a tenable plan has been conceived.
``(5) The 700 megahertz band is currently occupied by television
broadcasters, and will be so until the transfer to digital
television is completed. This situation creates a tremendous amount
of uncertainty concerning when the spectrum will be available and
reduces the value placed on the spectrum by potential bidders. The
encumbrance of the 700 megahertz band reduces both the amount of
money that the auction would be likely to produce and the
probability that the spectrum would be purchased by the entities
that valued the spectrum the most and would put the spectrum to its
most productive use.
``(6) The Commission's rules governing voluntary mechanisms for
vacating the 700 megahertz band by broadcast stations--
``(A) produced no certainty that the band would be available
for advanced mobile communications services, public safety
operations, or other wireless services any earlier than the
existing statutory framework provides; and
``(B) should advance the transition of digital television
and must not result in the unjust enrichment of any incumbent
licensee.''
Compliance With Auction Authority
Pub. L. 107-195, Sec. 4, June 19, 2002, 116 Stat. 717, provided
that: ``The Federal Communications Commission shall conduct rescheduled
auctions 31 and 44 prior to the expiration of the auction authority
under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)).''
Preservation of Broadcaster Obligations
Pub. L. 107-195, Sec. 5, June 19, 2002, 116 Stat. 717, provided
that: ``Nothing in this Act [see Short Title of 2002 Amendment note set
out under section 609 of this title] shall be construed to relieve
television broadcast station licensees of the obligation to complete the
digital television service conversion as required by section 309(j)(14)
of the Communications Act of 1934 (47 U.S.C. 309(j)(14)).''
Deadline for Collection
Pub. L. 105-33, title III, Sec. 3007, Aug. 5, 1997, 111 Stat. 269,
which provided that the Commission was to conduct the competitive
bidding required under title III of Pub. L. 105-33, which enacted
section 337 of this title, amended this section and sections 153, 303,
and 923 to 925 of this title, enacted provisions set out as notes under
this section and sections 153, 254, and 925 of this title, and repealed
provisions set out as a note under this section, in a manner that
ensured that all proceeds of such bidding would be deposited in
accordance with section 309(j)(8) of this title not later than Sept. 30,
2002, was repealed by Pub. L. 107-195, Sec. 3(b)(2), June 19, 2002, 116
Stat. 717.
Administrative Procedures for Spectrum Auctions
Section 3008 of title III of Pub. L. 105-33 provided that:
``Notwithstanding section 309(b) of the Communications Act of 1934 (47
U.S.C. 309(b)), no application for an instrument of authorization for
frequencies assigned under this title [enacting section 337 of this
title, amending this section and sections 153, 303, and 923 to 925 of
this title, enacting provisions set out as notes under this section and
sections 153, 254, and 925 of this title, and repealing provisions set
out as a note under this section] (or amendments made by this title)
shall be granted by the Commission earlier than 7 days following
issuance of public notice by the Commission of the acceptance for filing
of such application or of any substantial amendment thereto.
Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the
Commission may specify a period (no less than 5 days following issuance
of such public notice) for the filing of petitions to deny any
application for an instrument of authorization for such frequencies.''
Deadlines for Commission Action Regarding Competitive Bidding
Section 6002(d)(1), (2) of Pub. L. 103-66 provided that:
``(1) General rulemaking.--The Federal Communications Commission
shall prescribe regulations to implement section 309(j) of the
Communications Act of 1934 [47 U.S.C. 309(j)] (as added by this section)
within 210 days after the date of enactment of this Act [Aug. 10, 1993].
``(2) PCS orders and licensing.--The Commission shall--
``(A) within 180 days after such date of enactment, issue a
final report and order (i) in the matter entitled `Redevelopment of
Spectrum to Encourage Innovation in the Use of New
Telecommunications Technologies' (ET Docket No. 92-9); and (ii) in
the matter entitled `Amendment of the Commission's Rules to
Establish New Personal Communications Services' (GEN Docket No. 90-
314; ET Docket No. 92-100); and
``(B) within 270 days after such date of enactment, commence
issuing licenses and permits in the personal communications
service.''
Special Rule Regarding Subsection (i) Licenses and Permits
Section 6002(e) of Pub. L. 103-66, which provided for exceptions to
ban on Federal Communications Commission issuance of licenses and
permits under section 309(i) of this title after Aug. 10, 1993, was
repealed by Pub. L. 105-33, title III, Sec. 3002(a)(4), Aug. 5, 1997,
111 Stat. 260.
Authority To Use the System of Random Selection With Respect to
Applications for Initial Licenses and Construction Permits
Section 1242(b) of Pub. L. 97-35 provided that: ``The Commission
shall have authority to use the system of random selection established
by the Commission under section 309(i) of the Communications Act of 1934
[subsec. (i) of this section], as added in subsection (a), with respect
to any application for an initial license or construction permit which
will involve any use of the electromagnetic spectrum and which--
``(1) is filed with the Commission after the date of the
enactment of this Act [Aug. 13, 1981]; or
``(2) is pending before the Commission on such date of enactment
but has not been designated for hearing on or before such date of
enactment.''
Section Referred to in Other Sections
This section is referred to in sections 311, 316, 319, 325, 336,
337, 532, 533, 554, 614, 922, 925, 1103, 1106 of this title.