SA 3595. Mr. SANDERS submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 842, between line 13 and 14, insert the following:
SEC. 6034. PUBLIC HEARINGS UPON APPLICATIONS FOR CERTAIN TRANSACTIONS BY TELECOMMUNICATIONS PROVIDERS.
(a) Concentration of Wireless Market.--
(1) IN GENERAL.--If a wireless telephone service acquisition, merger, or license transfer would result in 70 percent or more of the wireless customers living in the rural area of a State having their wireless telephone service provided by 1 wireless telephone service provider, then the Secretary of Agriculture, acting through the Office of Rural Development and the Rural Development Telecommunications Program, shall hold at least 3 public hearings in geographically diverse rural areas
of that State to discuss the impact of the proposed acquisition, merger, or transfer on the economic development and competitiveness of that State.
(2) FCC RESPONSIBILITY.--The Federal Communications Commission shall be responsible for notifying the Secretary of Agriculture upon its receipt of an application for an acquisition, merger, or license transfer that satisfies the concentration requirement under paragraph (1).
(b) Hearings.--
(1) IN GENERAL.--The public hearings required under subsection (a) shall be held at such times and such locations so as to allow the broadest segment of the population of a State to attend.
(2) NOTICE TO THE PUBLIC.--The Secretary of Agriculture shall provide at least 90 days notice to the public of the time and place of such hearings, including by--
(A) publishing such notice--
(i) on the website of the Department of Agriculture; and
(ii) in popular circulated newspapers and other written publications in the State; and
(B) broadcasting such notice on local radio and television stations serving the State.
(3) COMMENCEMENT OF NOTICE TIMELINES.--Notice of such hearings shall be given after a posting of a Public Notice by the Federal Communications Commission of its receipt of an application for an acquisition, merger, or license transfer that satisfies the concentration requirement under subsection (a)(1).
(c) Report.--Not later than 180 days after the final hearing required under subsection (a), the Secretary of Agriculture shall submit a report to the Federal Communications Commission--
(1) describing the issues, concerns, and comments raised and discussed at the public hearings required under subsection (a); and
(2) on the impact of the proposed acquisition, merger, or transfer on the rural areas of the State, including an examination of the impact such acquisition, merger, or transfer will have on the economic development and competitiveness of the State.
(d) FCC Consideration.--The Federal Communications Commission shall consider the report submitted under subsection (c) as part of its evaluation of any wireless telephone service acquisition, merger, or license transfer and shall take action, if any, on that acquisition, merger, or license transfer only after receipt of such report.
(e) Definitions.--In this section, the following definitions shall apply:
(1) RURAL AREA.--The term ``rural area'' has the same meaning given the term in section 343(a)(13)(C) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(C)).
(2) STATE.--The term ``State'' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(3) WIRELESS TELEPHONE SERVICES.--The term ``wireless telephone services'' has the same meaning given the term ``commercial mobile radio services'' as such term is defined in section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)).
(4) WIRELESS TELEPHONE SERVICE PROVIDER.--The term ``wireless telephone service provider'' means any entity that provides wireless telephone service.


(As printed in the Congressional Record for the Senate on Nov 8, 2007.)