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U.S. Code as of:
01/19/04
Section 1106. Improved cellular service in rural areas
(a) Reinstatement of applicants as tentative selectees
(1) In general
Notwithstanding the order of the Federal Communications
Commission in the proceeding described in paragraph (3), the
Commission shall -
(A) reinstate each applicant as a tentative selectee under
the covered rural service area licensing proceeding; and
(B) 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.
(2) Exemption from petitions to deny
For purposes of the amended applications filed pursuant to
paragraph (1)(B), the provisions of section 309(d)(1) of this
title shall not apply.
(3) Proceeding
The proceeding described in this paragraph 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).
(b) Continuation of license proceeding; fee assessment
(1) Award of licenses
The Commission shall award licenses under the covered rural
service area licensing proceeding within 90 days after December
21, 2000.
(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) of this section 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 Rcd
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) of this section,
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
If, after the amendment of an application pursuant to
subsection (a)(1)(B) of this section, 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 ( (!1) pursuant to
subsection (a)(1)(B) of this section by competitive bidding
pursuant to section 309(j) of this title.
(c) Prohibition of transfer
During the 5-year period that begins on the date that an
applicant is granted any license pursuant to subsection (a) of this
section, the Commission may not authorize the transfer or
assignment of that license under section 310 of this title. Nothing
in this chapter may be construed to prohibit any applicant granted
a license pursuant to subsection (a) of this section from
contracting with other licensees to improve cellular telephone
service.
(d) Definitions
For the purposes of this section, 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.
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