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(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 exist-
ing 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. ELIMINATION OF STATUTORY DEADLINES FOR
SPECTRUM AUCTIONS.
(a) FCC TO DETERMINE TIMING OF AUCTIONS.—Sec-
tion 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) 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 para-
graph (11)), but notwithstanding any other pro-
vision of law, the Commission shall determine
the timing of and deadlines for the conduct of
competitive bidding under this subsection, in-
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cluding the timing of and deadlines for quali-
fying for bidding; conducting auctions; col-
lecting, depositing, and reporting revenues; and
completing licensing processes and assigning li-
censes.
‘‘(B) TERMINATION OF PORTIONS OF AUC-
TIONS 31 AND 44.—Except as provided in sub-
paragraph (C), the Commission shall not com-
mence 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.—Subpara-
graph (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
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in clause (i) shall be those entities that were
qualified entities, and that submitted appli-
cations to participate in auction 44, by
May 8, 2002, as part of the original auction
44 short form filing deadline.
‘‘(iii) AUCTION
DEADLINES
FOR
EX-
CEPTED
BLOCKS.—Notwithstanding 
sub-
paragraph (B), the auction of the C-block
and D-block licenses described in clause (i)
shall be commenced no earlier than August
19, 2002, and no later than September 19,
2002, and the proceeds of such auction shall
be deposited in accordance with paragraph
(8) not later than December 31, 2002.
‘‘(iv) REPORT.—Within one year after
the date of enactment of this paragraph, the
Commission shall submit a report to
Congress—
‘‘(I) specifying when the Commis-
sion intends to reschedule auctions 31
and 44 (other than the blocks excepted
by clause (i)); and
‘‘(II) describing the progress made
by the Commission in the digital tele-
vision transition and in the assign-
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ment and allocation of additional spec-
trum for advanced mobile communica-
tions services that warrants the sched-
uling of such auctions.
‘‘(D) RETURN OF PAYMENTS.—Within one
month after the date of enactment of this para-
graph, the Commission shall return to the bid-
ders for licenses in the A-block, B-block, and E-
block of auction 44 the full amount of all upfront
payments made by such bidders for such li-
censes.’’.
(b) CONFORMING AMENDMENTS.—
(1) 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 second sentence.
(2) BALANCED BUDGET ACT OF 1997.—Section
3007 of the Balanced Budget Act of 1997 (111 Stat.
269) is repealed.
(3) CONSOLIDATED
APPROPRIATIONS
ACT.—
Paragraphs (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 ap-
propriations for the fiscal year ending September 30,
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2000, and for other purposes (Public Law 106–113;
113 Stat. 1501A–295), are repealed.
SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY.
The Federal Communications Commission shall con-
duct rescheduled auctions 31 and 44 prior to the expiration
of the auction authority under section 309(j)(11) of the
Communications Act of 1934 (47 U.S.C. 309(j)(11)).
SEC. 5. 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)).
SEC. 6. INTERFERENCE PROTECTION.
(a) INTERFERENCE WAIVERS.—In granting a request
by a television broadcast station licensee assigned to any
of channels 52–69 to utilize any channel of channels 2–51
that is assigned for digital broadcasting in order to con-
tinue analog broadcasting during the transition to digital
broadcasting, the Federal Communications Commission
may not, either at the time of the grant or thereafter, waive
or otherwise reduce—
(1) the spacing requirements provided for analog
broadcasting licensees within channels 2–51 as re-
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quired by section 73.610 of the Commission’s rules
(and the table contained therein) (47 CFR 73.610), or
(2) the interference standards provided for dig-
ital broadcasting licensees within channels 2–51 as
required by sections 73.622 and 73.623 of such rules
(47 CFR 73.622, 73.623),
if such waiver or reduction will result in any degradation
in or loss of service, or an increased level of interference,
to any television household except as the Commission’s rules
would otherwise expressly permit, exclusive of any waivers
previously granted.
(b) EXCEPTION FOR PUBLIC SAFETY CHANNEL CLEAR-
ING.—The restrictions in subsection (a) shall not apply to
a station licensee that is seeking authority (either by waiver
or otherwise) to vacate the frequencies that constitute tele-
vision channel 63, 64, 68, or 69 in order to make such fre-
quencies available for public safety purposes pursuant to
the provisions of section 337 of the Communications Act
of 1934 (47 U.S.C. 337).
Attest:
Secretary.