Subject: [NEXTEL-1] Nussle Introduces Spectrum Accountability Act-

From: NEXTEL-1
Date: Mon, 28 Jun 2004 16:28:44 -0400

H.L.C.
.....................................................................
(Original Signature of Member)

108TH CONGRESS
2D SESSION H. R. __

To clarify the obligations of the Federal Communications Commission to
issue licenses using competitive bidding procedures.
IN THE HOUSE OF REPRESENTATIVES

Mr. NUSSLE introduced the following bill; which was referred to the
Committee on _______________

A BILL
To clarify the obligations of the Federal Communications Commission to
issue licenses using competitive bidding procedures.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Spectrum Account- 4
ability Act’’.

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June 25, 2004 (10:49 AM)
__________ _

H.L.C.
SEC. 2. CLARIFICATION OF SPECTRUM AUCTION REQUIREMENTS.

AMENDMENT.—Paragraph (6) of section 309(j)  of the Communications Act of
1934 (47 U.S.C. 309(j)(6)) is amended—
(1) by redesignating subparagraphs (A) through  (H) as clauses (i)
through (viii), respectively;
(2) by striking ‘‘Nothing in this subsection’’ 8 and inserting the
following: ‘‘
(A) IN GENERAL.—Nothing in this subsection’’; and

(3) by adding at the end the following new subparagraph:  ‘‘(B)
LIMITATION.—Neither subparagraph
(A) of this paragraph nor any other provision  of this Act (other than
paragraph (2) of this 16 subsection) shall be construed to permit the
Commission to avoid the requirement of paragraph (1) of this subsection
to use competitive  bidding in granting a license, or to avoid the
obligation to accept properly executed mutually  exclusive applications
for such a license, if the  grant of such license, including any grant
by  means of a modification pursuant to section
316, results in the licensee—

‘‘(i) being authorized to use—

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June 25, 2004 (10:49 AM)
__________ _

H.L.C.

‘‘(I) a materially greater quantity of electromagnetic spectrum than the
licensee was authorized to use prior to
the grant or modification; or

‘‘(II) a band of the electromagnetic spectrum that materially ex-ceeds
in value any band of spectrum
that was previously used by the licensee; or

‘‘(ii) effectively exchanging a license
previously held by the licensee for a license
that—

‘‘(I) materially alters the rights or obligations under the previously
held license; or

‘‘(II) permits the licensee to provide services that the previously held
license did not permit.’’.
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June 25, 2004 (10:49 AM)
__________ _

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