PUBLIC LAW 106-553 —APPENDIX B 114 STAT. 2762A-139
(3) PROCEEDING.— The proceeding described in this paragraph is the proceeding of the Commission In re AppHcations
of Cellwave Telephone Services L.P., Futurewave General Partners L.P., and Great Western Cellular Partners, 7 FCC Red
No. 19 (1992).
(b) CONTINUATION OF LICENSE PROCEEDING; FEE ASSESS-
MENT.—
(1) 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.
(2) 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); 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 Commission's order, In re the Tellesis
Partners (7 FCC Red 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 granted a license, each applicant
shall pay to the Commission the fee established pursuant to
paragraph (3) for the license granted to the applicant under
paragraph (1).
(5) AUCTION AUTHORITY. —I f, after the amendment 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. 3090')).
(c) PROHIBITION OF TRANSFER. —During the 5-year period that
begins on the date that an applicant is granted any license pursuant
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