< Back to H.R. 2901 (105th Congress, 1997–1998)

Text of To improve cellular telephone service in selected rural areas and to achieve equitable treatment of certain cellular license applicants.

...license applicants.

This bill was introduced on November 7, 1997, in a previous session of Congress, but was not enacted. The text of the bill below is as of Nov 7, 1997 (Introduced).

Source: GPO

HR 2901 IH

105th CONGRESS

1st Session

H. R. 2901

To improve cellular telephone service in selected rural areas and to achieve equitable treatment of certain cellular license applicants.

IN THE HOUSE OF REPRESENTATIVES

November 7, 1997

Mr. MCDADE (for himself, Mr. KLUG, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Commerce


A BILL

To improve cellular telephone service in selected rural areas and to achieve equitable treatment of certain cellular license applicants.

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

SECTION 1. REINSTATEMENT OF APPLICANTS AS TENTATIVE SELECTEES.

    (a) IN GENERAL- Notwithstanding the order of the Federal Communications Commission in the proceeding described in subsection (b), the Commission shall--

      (1) reinstate each applicant as a tentative selectees under the covered rural service area licensing proceeding; and

      (2) permit each applicant to amend its application, to the extent necessary to update factual information and to comply with the rules of the Commission, at any time before the Commission’s final licensing action in the covered rural service area licensing proceeding.

    (b) PROCEEDING- The proceeding described in this subsection is the proceeding of the Commission In re Applications of Cellwave Telephone Services L.P, Futurewave General Partners L.P., and Great Western Cellular Partners, 7 FCC Rcd No. 19 (1992).

SEC. 2. CONTINUATION OF LICENSE PROCEEDING.

    (a) AWARD OF LICENSES- The Commission shall award licenses under the covered rural service area licensing proceeding within 90 days after the date of the enactment of this Act.

    (b) SERVICE REQUIREMENTS- The Commission shall provide that, as a condition of an applicant receiving a license pursuant to the covered rural service area licensing proceeding, the applicant shall provide cellular radiotelephone service to subscribers in accordance with sections 22.946 and 22.947 of the Commission’s rules (47 CFR 22.946, 22.947).

    (c) AUCTION AUTHORITY- If, after the amendment of an application pursuant to section 1(a)(2) of this Act, 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 subsection (b) of this section, the Commission shall grant the license for which the applicant is the tentative selectee (pursuant to section 1(a)(1)) by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).

SEC. 3. PROHIBITION OF TRANSFER.

    During the 3-year period that begins on the date that an applicant is granted any license pursuant to section 1, the Commission may not authorize the transfer or assignment of that license under section 310 of the Communications Act of 1934 (47 U.S.C. 310). Nothing in this Act may be construed to prohibit any applicant granted a license pursuant to section 1 from contracting with other licensees to improve cellular telephone service.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, 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 Telephone 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 ‘tentative 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 determined whether the party is qualified under the Commission’s rules for grant of the license.