Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION Vol. 141 WASHINGTON, FRIDAY, SEPTEMBER 29, 1995 No. 154 Senate (Legislative day of Monday, September 25, 1995) The Senate met at 9 a.m., on the ex- DEPARTMENT OF COMMERCE, JUS- Mr. President, I intend to be brief, piration of the recess, and was called to TICE, AND STATE, THE JUDICI- and I note the presence of the Senator order by the President pro tempore ARY, AND RELATED AGENCIES from North Dakota here on the floor. I [Mr. THURMOND]. APPROPRIATIONS ACT, 1996 know that he needs at least 10 minutes The PRESIDENT pro tempore. The of the 30 minutes for this side. I just want to recap the situation as PRAYER clerk will report the pending bill. The assistant legislative clerk read I see this amendment. First of all, Mr. The Chaplain, Dr. Lloyd John as follows: President, the choice is clear here what Ogilvie, offered the following prayer: A bill (H.R. 2076) making appropriations we are talking about. The question is Let us pray: for the Department of Commerce, Justice, whether we will auction this spectrum off, which, according to experts, the Lord of history, God of Abraham and and State, the Judiciary and related agen- value is between $300 and $700 million, Israel, we praise You for answered cies for the fiscal year ending September 30, 1996, and for other purposes. or it will be granted to a very large and prayer for peace in the Middle East very powerful corporation in America manifested in the historic peace treaty The Senate resumed consideration of for considerably less money. Originally signed yesterday between the Pales- the bill. it was going to be about $5 million and tinian Liberation Organization and Pending: Biden amendment No. 2815, to restore fund- up to $45 million, and now I understand Israel. We press on to the work of this ing for grants to combat violence against it is about $100 million. day in the assurance that You are in women. I want to briefly describe the chro- control and seek to accomplish Your McCain-Dorgan amendment No. 2816, to en- nology of how we got where we are plans through us if we will trust You. sure competitive bidding for DBS spectrum. today. I want to repeat before I con- Oh God, together we salute You as Kerrey amendment No. 2817, to decrease the amount of funding for Federal Bureau of tinue, I have no interest in this issue. Lord of our lives, the One to whom we Investigation construction and increase the There is no company in my State. all must report, the only One we ulti- amount of funding for the National Informa- There is no corporation that I have en- mately need to please, and the One who tion Infrastructure. gaged in the dialog on this issue. I am is the final judge of our leadership, we Biden-Bryan amendment No. 2818, to re- simply involved in this issue, as is the pray that our shared loyalty to You as store funding for residential substance abuse Senator from North Dakota, because our Sovereign Lord will draw us closer treatment for State prisoners, rural drug en- what is at stake here is whether the to one another in the bond of service to forcement assistance, the Public Safety Partnership and Community Policing Act of American taxpayers will be deprived of our Nation. It is in fellowship with You 1994, drug courts, grants or contracts to the somewhere between $300 and $700 mil- that we find one another. Whenever we Boys and Girls Clubs of America to establish lion. are divided in our differences over sec- Boys and Girls Clubs in public housing, and For the record, Mr. President, I point ondary matters, remind us of our one- law enforcement family support programs, to out that on September 16, 1995, ACC, ness on essential issues; our account- restore the authority of the Office of Na- which was the original holder of the li- ability to You, our commitment to tional Drug Control Policy, to strike the cense for this spectrum, entered into Your Commandments, our dedication State and Local Law Enforcement Assist- an agreement with TCI to sell its spec- to Your justice and mercy, our patriot- ance Block Grant Program, and to restore trum to TCI for $45 million. The ACC the option of States to use prison block ism for our Nation, and our shared grant funds for boot camps. costs at that time were estimated to prayer that through our efforts You Domenici amendment No. 2819 (to com- have been $5 million. Such a sale would will provide Your best for our Nation. mittee amendment on page 26, line 18), to have meant that ACC would actually There’s something else, Lord: We all improve provisions relating to appropria- have profited from warehousing this admit our total dependence on Your tions for legal assistance. spectrum for 10 years. presence to give us strength and cour- AMENDMENT NO. 2816 In August and September of 1995, TCI age. So with one mind and a shared The PRESIDENT pro tempore. Under had a sweetheart deal pending before commitment, we humbly fall on the the previous order, the Senate will now the FCC as follows: TCI would give up knees of our hearts and ask that You resume consideration of the McCain some of the allocated DBS spectrum bless us and keep us, make Your face amendment No. 2816 on which there and in return receive the ACC at a cost shine upon us, lift up Your coun- shall be 60 minutes equally divided. of $5 million, which is to pay for costs tenance before us, and grant us Your Mr. MCCAIN. Mr. President, I yield incurred by ACC. The $5 million would peace. In the name of Jesus. Amen. myself such time as I may consume. not be paid in cash. Instead, it would ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S14573 . VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14574 CONGRESSIONAL RECORD — SENATE September 29, 1995 be in the form of Primestar stock, passage of this amendment. The Na- again, this, of course, is the Congress which could have a much greater value tional Rural Telecommunications Co- injecting itself into the functions and than the original $45 million. operative, the NRTC, which has loudly responsibilities of the Federal Commu- The spectrum given up by TCI is val- supported this amendment, has very nications Commission. There is no ued at substantially less value than the good reason to do so. The NRTC has an question at this very moment the FCC ACC spectrum. TCI would give up 11 exclusive contract in many rural areas can auction the so-called spectrum channels at 119 degrees and spectrum, to market the DBS service of General that is now in dispute. I emphasize allowing DBS service be provided to Motors’ direct TV. So any delay in in- ‘‘dispute’’ because it is a legal case Latin America, the Pacific rim, and troducing significant high-power DBS that has been in the courts, now, for China. competition will benefit the NRTC’s over a year. It is on appeal. No industry expert believes at this exclusive sales deal. There has been a vote, so to speak, time that those markets will be nearly I do not criticize the NRTC for hav- informally, at least, by way of reports. as lucrative as the U.S. market. The ing such a deal, but I think it is impor- Lawyers call from both sides of this week of September 18, 1995, TCI pro- tant to know as we discuss this amend- case. I understand, now, the vote is 2 to poses it be given the spectrum at 110 ment and note who is supporting it, 2 at the FCC: Two members of the FCC degrees west latitude orbit and gives that the NRTC is far from a disin- disposed toward an auction, two dis- up DBS spectrum as noted above, terested party. In fact, the delays that posed toward what they characterize as which is sold at public auction. What- this amendment will create in the abil- the recommendation of the staff—the ever the price such spectrum is sold for ity of any major competitor to chal- staff that studied this case and handled is the price TCI pays for the 110 degree lenge the dominance of direct TV the testimony and otherwise. There is west longitude orbit spectrum. works directly in favor of those such as one indecisive member. September 25, 1995, it is reported that the NRTC who retain monopoly sales So we come with an amendment, an alternative plan has been developed rights in rural America. without any hearings, without really allowing Primestar access to DBS This is a far more complex subject knowing what we are talking about channels at prices well above $45 mil- than we are even aware. The implica- and doing, and we say we know how to lion. TCI expected to pay for advanced tions of what this amendment would do grant licenses and everything of that communications for channels. Now we are unknown. There have been no hear- kind, so hereby is the way to do it.