Page:United States Statutes at Large Volume 116 Part 1.djvu/741

 PUBLIC LAW 107-195-JUNE 19, 2002 116 STAT. 715 Public Law 107-195 107th Congress An Act To eliminate the deadlines for spectrum auctions of spectrum previously allocated June 19, 2002 to television broadcasting. [H.R. 4560] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Auction Reform Act of 2002. SECTION 1. SHORT TITLE. 47 USC 609 note. This Act may be cited as the "Auction Reform Act of 2002". SEC. 2. FINDINGS. 47 USC 309 note. 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

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