Page:United States Statutes at Large Volume 107 Part 1.djvu/416

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107 STAT. 390 PUBLIC LAW 103-66 —AUG. 10, 1993

    • (C) diminish the authority of the Commission under

the other provisions of this Act to regulate or reclaim spectrum licenses;

    • (D) be construed to convey any rights, including any

expectation of renewal of a license, that differ from the ri^ts that apply to other licenses within the same service that were not issued pursuant to this subsection; "(E) be construed to reUeve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation, threshold qualifications, service regulations, and other means in order to avoid mutual exclusivity in application and licensing proceedings; "(F) be construed to prohibit the Commission from issuing nationwide, regional, or local Ucenses or permits; "(G) be construed to prevent the Commission from awarding licenses to those persons who make significant contributions to the development of a new telecommimications service or technology; or "(H) be construed to relieve any applicant for a license or permit of the obligation to pay charges imposed pursuant to section 8 of this Act. "(7) CONSIDERATION OF REVENUES IN PUBLIC INTEREST DETERMINATIONS. — "(A) CONSIDERATION PROHIBITED.— In making a decision pursuant to section 303(c) to assign a band of frequencies to a use for which licenses or permits will be issued pursuant to this subsection, and in prescribing regulations pursuant to paragraph (4)(C) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection. "(B) CONSIDERATION LIMITED. —In prescribing regulations pursuant to paragraph (4)(A) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity solely or predominantly on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection. "(C) CONSIDERATION OF DEMAND FOR SPECTRUM NOT AFFECTED. —Nothing in this paragraph shall be construed to prevent the Commission from continuing to consider consumer demand for spectrum-based services. "(8) TREATMENT OF REVENUES. — "(A) GENERAL RULE.—Except as provided in subparagraph (B), all proceeds from the use of a competitive bidding system under this subsection shall be deposited in the Treasunr in accordance with chapter 33 of title 31, United States Code. "(B) RETENTION OF REVENUES. — Notwithstanding subparagraph (A), the salaries and expenses account of the Commission shall retain as an offsetting collection such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection. Such offsetting collections shall be av£ulable for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis. Any funds