Page:United States Statutes at Large Volume 116 Part 1.djvu/742

 116 STAT. 716 PUBLIC LAW 107-195-JUNE 19, 2002 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. SEC. 3. ELIMINATION OF STATUTORY DEADLINES FOR SPECTRUM AUC- TIONS. (a) FCC To DETERMINE TIMING OF AUCTIONS.—Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(i)) is amended by adding at the end the following new paragraph: "(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 3I 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

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