Page:United States Statutes at Large Volume 107 Part 1.djvu/415

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 389 "(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 pa3mients, with or without royalty pa3anents, 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 ensiire 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 deplo)ment of new technologies and services; "(C) consistent with the public interest, convenience, and necessity, the purposes of this Act, 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 deplo3ment 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 pref- erences, and other procedures; and "(E) require such transfer disclosures and antitraf!lcking restrictions and payment schedules as may be necessary to prevent ui^just enrichment as a result of the methods employed to issue licenses and permits. "(5) BIDDER AND LICENSEE QUALIFICATION. — NO person shall be permitted to participate in a system of competitive bidding piirsuant 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) and sections 308(b) and 310. Consistent with the objectives Regulations. described in paragraph (3), the Commission shall, by regulation, prescribe expedited procedures consistent with the procedures authorized by subsection (i)(2) 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 Act; "(B) limit or otherwise affect the requirements of subsection (h) of this section, section 301, 304, 307, 310, or 706, or any other provision of this Act (other than subsections (d)(2) and (e) of this section);

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