22.947 of the Commission’s rules (47 CFR 22.946,
22.947); except that the time period applicable
under section 22.947 of the Commission’s rules (or
any successor rule) to the applicants identified in
subparagraphs (A) and (B) of subsection (d)(1)
shall be 3 years rather than 5 years and the waiver
authority of the Commission shall apply to such 3-
year period.
(3) CALCULATION OF LICENSE FEE.—
(A) FEE
REQUIRED.—The Commission
shall establish a fee for each of the licenses
under the covered rural service area licensing
proceeding. In determining the amount of the
fee, the Commission shall consider—
(i) the average price paid per person
served 
in 
the 
Commission’s 
Cellular
Unserved Auction (Auction No. 12); and
(ii) the settlement payments required
to be paid by the permittees pursuant to
the consent decree set forth in the Com-
mission’s order, In re the Tellesis Partners
(7 FCC Rcd 3168 (1992)), multiplying
such payments by two.
(B) NOTICE
OF
FEE.—Within 30 days
after the date an applicant files the amended
application permitted by subsection (a)(1)(B),
the Commission shall notify each applicant of
the fee established for the license associated
with its application.
(4) PAYMENT FOR LICENSES.—No later than
18 months after the date that an applicant is grant-
ed a license, each applicant shall pay to the Commis-
sion the fee established pursuant to paragraph (3)
for the license granted to the applicant under para-
graph (1).
(5) AUCTION AUTHORITY.—If, after the amend-
ment of an application pursuant to subsection
(a)(1)(B), the Commission finds that the applicant
is ineligible for grant of a license to provide cellular
radiotelephone services for a rural service area or
the applicant does not meet the requirements under
paragraph (2) of this subsection, the Commission
shall grant the license for which the applicant is the
tentative selectee (pursuant to subsection (a)(1)(B)
by competitive bidding pursuant to section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)).
(c) PROHIBITION OF TRANSFER.—During the 5-year
period that begins on the date that an applicant is granted
any license pursuant to subsection (a), the Commission
may not authorize the transfer or assignment of that li-
cense under section 310 of the Communications Act of
1934 (47 U.S.C. 310). Nothing in this Act may be con-
strued to prohibit any applicant granted a license pursu-
ant to subsection (a) from contracting with other licensees
to improve cellular telephone service.
(d) DEFINITIONS.—For the purposes of this section,
the following definitions shall apply:
(1) 
APPLICANT.—The 
term 
‘‘applicant’’
means—
(A) Great Western Cellular Partners, a
California general partnership chosen by the
Commission as tentative selectee for RSA #492
on May 4, 1989;
(B) Monroe Telephone Services L.P., a
Delaware limited partnership chosen by the
Commission as tentative selectee for RSA #370
on August 24, 1989 (formerly Cellwave Tele-
phone Services L.P.); and
(C) FutureWave General Partners L.P., a
Delaware limited partnership chosen by the
Commission as tentative selectee for RSA #615
on May 25, 1990.
(2) COMMISSION.—The term ‘‘Commission’’
means the Federal Communications Commission.
(3) COVERED RURAL SERVICE AREA LICENSING
PROCEEDING.—The term ‘‘covered rural service area
licensing proceeding’’ means the proceeding of the
Commission for the grant of cellular radiotelephone
licenses for rural service areas #492 (Minnesota
11), #370 (Florida 11), and #615 (Pennsylvania
4).
(4) TENTATIVE
SELECTEE.—The term ‘‘ten-
tative selectee’’ means a party that has been selected
by the Commission under a licensing proceeding for
grant of a license, but has not yet been granted the
license because the Commission has not yet deter-
mined whether the party is qualified under the Com-
mission’s rules for grant of the license.
SEC. 12. TECHNICAL AMENDMENT.
Section 339(c) of the Communications Act of 1934
(47 U.S.C. 339(c)) is amended by adding at the end the
following new paragraph:
‘‘(5) DEFINITION.—Notwithstanding subsection
(d)(4), for purposes of paragraphs (2) and (4) of
this subsection, the term ‘satellite carrier’ includes a
distributor (as defined in section 119(d)(1) of title
17, United States Code), but only if the satellite dis-
tributor’s relationship with the subscriber includes
billing, collection, service activation, and service de-
activation.’’.
SEC. 13. DEFINITIONS.
In this Act:
(1) AFFILIATE.—The term ‘‘affiliate’’—
(A) means any person or entity that con-
trols, or is controlled by, or is under common
control with, another person or entity; and
(B) may include any individual who is a di-
rector or senior management officer of an affil-
iate, a shareholder controlling more than 25
percent of the voting securities of an affiliate,
or more than 25 percent of the ownership inter-
est in an affiliate not organized in stock form.
(2) UNSERVED
AREA.—The term ‘‘unserved
area’’ means any area that—
(A) is outside the grade B contour (as de-
termined using standards employed by the Fed-
eral Communications Commission) of the local
television broadcast signals serving a particular
designated market area; and
(B) does not have access to local television
broadcast signals from any commercial, for-
profit multichannel video provider.
(3) UNDERSERVED AREA.—The term ‘‘under-
served area’’ means any area that—
(A) is outside the grade A contour (as de-
termined using standards employed by the Fed-
eral Communications Commission) of the local
television broadcast signals serving a particular
designated market area; and
(B) has access to local television broadcast
signals from not more than one commercial,
for-profit multichannel video provider.
(4) COMMON TERMS.—Except as provided in
paragraphs (1) through (4), any term used in this
Act that is defined in the Communications Act of
1934 (47 U.S.C. 151 et seq.) has the meaning given
that term in the Communications Act of 1934.
SEC. 14. AUTHORIZATIONS OF APPROPRIATIONS.
(a) COST OF LOAN GUARANTEES.—For the cost of
the loans guaranteed under this Act, including the cost
of modifying the loans, as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a), there
are authorized to be appropriated for fiscal years 2001
through 2006, such amounts as may be necessary.
(b) COST OF ADMINISTRATION.—There is hereby au-
thorized to be appropriated such sums as may be nec-
essary to carry out the provisions of this Act, other than
to cover costs under subsection (a).
(c) AVAILABILITY.—Any amounts appropriated pur-
suant to the authorizations of appropriations in sub-
sections (a) and (b) shall remain available until expended.
SEC. 15. SUNSET.
No loan guarantee may be approved under this Act
after December 31, 2006.
Passed the House of Representatives April 13, 2000.
Attest:
Clerk.