Page:United States Statutes at Large Volume 108 Part 6.djvu/483

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 5051

    • (C) INSTALLMENTS PERMiTTED.The Commission shall

require such person to pay the simi required by subparagraph (B) in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of not more than 5 years. "(D) RULEMAKING ON PIONEER PREFERENCES. —Except with respect to pending applications described in clause (iv) of this subparagraph, the Commission shall prescribe regulations specifying thffi procedures and criteria Dy which the Commission will evaluate applications for preferential treatment in its Ucensing processes (by precluding the filing of mutually exclusive applications) for persons who make significEmt contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service. Such regulations shall— "(i) specify the procedures and criteria by which the signincance of such contributions will be determined, after an opportunity for review and verification by experts in the radio sciences drawn fix)m among persons who are not employees of the Commission or by any appHcant for such preferential treatment; "(ii) include such other procedures as may be necessary to prevent unjust enrichment by ensuring that the value of any such contribution justifies any reduction in the amounts paid for comparable Hcenses under this subsection; "(iii) be prescribed not later than 6 months after the date of enactment of this paragraph; "(iv) not apply to applications that have been accepted for filing on or before September 1, 1994; £Uld "(v) cease to be effective on the date of the expiration of the Commission's authority under subparagraph (F). "(E) IMPLEMENTATION WITH RESPECT TO PENDING APPLICATIONS. — In applying this paragraph to any broadband licenses in the personal conmiunications service awarded pursuant to the preferential treatment accorded by the Federal Communications Commission in the Third Report and Order in General Docket 90-314 (FCC 93- 550, released February 3, 1994)— "(i) the Commission shall not reconsider the award of preferences in such Third Report and Order, and the Commission shall not delay the grant of hcenses based on such awards more than 15 days following the date of enactment of this paragraph, and the award of such preferences and hcenses shall not be subject to administrative or judicial review; "(ii) the Commission shall not alter the bandwidth or service areas designated for such hcenses in such Third Report and Order; "(iii) except as provided in clause (v), the Commission shall use, as the most reasonably compsirable hcenses for purposes of subparagraph (B)(i), the broadband licenses in the personal conmiunications service for blocks A and B for the 20 largest markets