Letter from Commerce Secretary Evans to Congressional Leaders, Proposing Legislation to Shift Statutory Spectrum Auction Date

To amend section 3007 of the Balanced Budget Act of 1997 to shift the statutory deadlines for completion of auctions of and collection of receipts for spectrum licenses in the 1710-1755 MHz and 2110-2150 MHz bands from September 30, 2002, to September 30, 2004.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That

Section 3007 of the Balanced Budget Act of 1997 (Public Law No. 105-33, 111 STAT. 269, 47 U.S.C. 309 note) is amended by inserting before the period at the end thereof the following proviso:

", Provided, however, That with regard to the bands of frequencies identified in section 3002(b) and section 3002(c)(1)(D), notwithstanding the assignment date in section 3002(c)(1) with respect to the band of frequencies identified in section 3002(c)(1)(D), the Commission shall complete all actions necessary to assign frequencies in the 1710-1755 MHz and the 2110-2150 MHz bands by competitive bidding so that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Act not later than September 30, 2004.".

This legislative proposal shifts the statutory deadlines originally established in the Balanced Budget Act of 1997 for the completion of the auctions of and collection of receipts for spectrum licenses in the 1710-1755 MHz and 2110-2150 MHz bands from September 30, 2002, to September 30, 2004.

SECTION 3007. DEADLINE FOR COLLECTION.

The Commission shall conduct the competitive bidding required under this title or the amendments made by this title in a manner that ensures that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Communications Act of 1934 not later than September 30, 2002, Provided, however, That with regard to the bands of frequencies identified in section 3002(b) and section 3002(c)(1)(D), notwithstanding the assignment date in section 3002(c)(1) with respect to the band of frequencies identified in section 3002(c)(1)(D), the Commission shall complete all actions necessary to assign frequencies in the 1710-1755 MHz and the 2110-2150 MHz bands by competitive bidding so that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Act not later than September 30, 2004.