Page:United States Statutes at Large Volume 111 Part 1.djvu/284

 Ill STAT. 260 PUBLIC LAW 105-33—AUG. 5, 1997 (2) TERMINATION OF LOTTERY AUTHORITY.— Section 309(i) of the Communications Act of 1934 (47 U.S.C. 309(i)) is amended— (A) by striking paragraph (1) and inserting the following: "(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."; and (B) by adding at the end the following new paragraph: "(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 Act.". (3) RESOLUTION OF PENDING COMPARATIVE LICENSING CASES.— Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is further amended by adding at the end the following new subsection: "(1) 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) 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 the date of enactment of the Balanced Budget Act of 1997.". (4) CONFORMING AMENDMENT.— Section 6002 of the Omni- 47 USC 309 note. bus Budget Reconciliation Act of 1993 is amended by striking subsection (e). 47 USC 309 note. (5) EFFECTIVE DATE. —Except as otherwise provided therein, the amendments made by this subsection are effective on July 1, 1997. 47 USC 925 note. (b) ACCELERATED AVAILABILITY FOR AUCTION OF 1,710-1,755 MEGAHERTZ FROM INITIAL REALLOCATION REPORT.— The band of frequencies located at 1,710-1,755 megahertz identified in the initial reallocation report under section 113(a) of the National Telecommunications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and section 115(b)(1) of such Act, be available in accordance with this subsection for assignment for commercial use. The Commission shall assign licenses for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).

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