Page:United States Statutes at Large Volume 114 Part 4.djvu/839

This page needs to be proofread.

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