108 STAT. 5050 PUBLIC LAW 103-465—DEC. 8, 1994 (b) DISTRESS TERMINATION CRITERIA FOR BANKING INSTITUTIONS.— (1) CLARIFICATION OF DISTRESS CRITERION.— Subclause (I) of section 4041(c)(2)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1341(c)(2)(B)(i)) is amended by inserting after *under any similar" the following: "Federal law or". 29 USC 1341 (2) EFFECTIVE DATE.— The amendment made by tbis sub- "o*®- section shall be eflfective as if included in the Single-Employer Pension Plan Amendments Act of 1986. '•'." PART III—EFJ'ECTIVE DATES 26 USC 401 note. SEC. 781. EFFECTIVE DATES. Except as otherwise provided in this subtitle, the amendments made by this subtitle shall be effective on the date of enactment of this Act. TITLE VIII—PIONEER PREFERENCES SEC. 801. PIONEER PREFERENCES. Section 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: "(13) RECOVERY OF VALUE OF PUBLIC SPECTRUM IN CONNEC- TION WITH PIONEER PREFERENCES. — "(A) IN GENERAL.— Notwithstanding paragraph (6)(G), the Commission shall not award Ucenses pursuant to a preferential treatment accorded by the Commission to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with the requirements of this paragraph. "(B) RECOVERY OF VALUE.— The Commission shall recover for the public a portion of the value of the public spectrum resource made available to such person by requiring such person, as a condition for receipt of the license, to agree to pay a sum determined by—
- (i) identifying the winning bids for the Hcenses
that the Commission determines are most reasonably comparable in terms of bandwidth, scope of service area, usage restrictions, and other technical characteristics to the license awarded to such person, and excluding Hcenses that the Commission determines are subject to bidding anomaHes due to the award of pref- erential treatment; "(ii) dividing each such winning bid by the population of its service area (hereinafter referred to as the per capita bid amount); "(iii) computing the average of the per capita bid amounts for the hcenses identified under clause (i); "(iv) reducing such average amount by 15 percent; and "(v) multiplying the amount determined under clause (iv) by the population of the service area of the license obtained by such person.
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