II
Calendar No. 380
107TH CONGRESS
2D SESSION
H. R. 4560
IN THE SENATE OF THE UNITED STATES
MAY 8, 2002
Received
MAY 9, 2002
Read the first time
MAY 17, 2002
Read the second time and placed on the calendar
AN ACT
To eliminate the deadlines for spectrum auctions of spectrum
previously allocated to television broadcasting.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Auction Reform Act
of 2002’’.
SEC. 2. FINDINGS.
The Congress finds the following:
HR 4560 PCS
(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 commu-
nications services, public safety operations, or
other wireless services any earlier than the ex-
isting statutory framework provides; and
(B) should advance the transition of digital
television and must not result in the unjust en-
richment of any incumbent licensee.
SEC. 3. REPEAL OF DEADLINES FOR SPECTRUM AUCTIONS.
(a) COMMUNICATIONS
ACT
OF
1934.—Section
309(j)(14)(C)(ii) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)(C)(ii)) is amended by striking the sec-
ond sentence.
(b) BALANCED BUDGET ACT
OF 1997.—Section
3007 of the Balanced Budget Act of 1997 (111 Stat. 269)
is amended by adding at the end the following new sen-
tence: ‘‘This section shall not apply to the band of fre-
quencies between 698 and 806 megahertz, inclusive.’’.
(c) CONSOLIDATED APPROPRIATIONS ACT.—Para-
graphs (2) and (3) of section 213(a) of H.R. 3425 of the
106th Congress, as enacted into law by section 1000(a)(5)
of an Act making consolidated appropriations for the fiscal
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year ending September 30, 2000, and for other purposes
(Public Law 106–113; 113 Stat. 1501A–295), are re-
pealed.
SEC. 4. TERMINATION OF SCHEDULED AUCTIONS.
(a) TERMINATION.—The Federal Communications
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).
(b) REPORT.—Within one year after the date of en-
actment of this Act, the Commission shall submit a report
to the Congress—
(1) specifying when the Commission intends to
reschedule auctions 31 and 44; and
(2) describing the progress made by the Com-
mission in the digital television transition and in the
assignment and allocation of additional spectrum for
advanced mobile communications services that war-
rants the scheduling of such auctions.
SEC. 5. COMPLIANCE WITH AUCTION AUTHORITY.
The Federal Communications Commission shall con-
duct rescheduled auctions 31 and 44 prior to the expira-
tion of the auction authority under section 309(j)(11) of
the Communications Act of 1934 (47 U.S.C. 309(j)(11)).
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SEC. 6. PRESERVATION OF BROADCASTER OBLIGATIONS.
Nothing in this Act shall be construed to relieve tele-
vision broadcast station licensees of the obligation to com-
plete the digital television service conversion as required
by section 309(j)(14) of the Communications Act of 1934
(47 U.S.C. 309(j)(14)).
Passed the House of Representatives May 7, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 380
107TH CONGRESS
2D SESSION
H. R. 4560
AN ACT
To eliminate the deadlines for spectrum auctions of
spectrum previously allocated to television broad-
casting.
MAY 17, 2002
Read the second time and placed on the calendar