Page:United States Statutes at Large Volume 111 Part 1.djvu/290

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Ill STAT. 266 PUBLIC LAW 105-33 —AUG. 5, 1997 602) that carries one of the digital television service programming channels of each of the television stations broadcasting such a channel in such market; and "(11) do not have either— "(a) at least one television receiver capable of receiving the digital television service signals of the television stations licensed in such market; or "(b) at least one television receiver of analog television service signals equipped with digital-to-analog converter technology capable of receiving the digital television service signals of the television stations licensed in such market. "(C) SPECTRUM REVERSION AND RESALE.— "(i) The Commission shall— "(I) ensure that, as licenses for analog television service expire pursuant to subparagraph (A) or (B), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission's direction; and "(II) reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection, "(ii) Licensees for new services occupying spectrum reclsdmed pursuant to clause (i) shall be assigned in Reports. accordance with this subsection. The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002. " (D) CERTAIN LIMITATIONS ON QUALIFIED BIDDERS PROHIBITED. —In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (C)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not— "(i) preclude any party from being a qualified bidder for such spectrum on the basis of— "(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b)); or "(II) the Commission's newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or "(ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.". SEC. 3004. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. Title III of the Communications Act of 1934 is amended by inserting after section 336 (47 U.S.C. 336) the following new section: