Ted Stevens

Mr. STEVENS

Mr. STEVENS. Mr. President, this amendment would close off the analog broadcasting too close to the auction of spectrum. We currently have an April 2009 date. The auction date is January of 2009. It is just too close together. The leases cannot be processed. There is no way those auction proceeds can be available until licenses are issued. This amendment would end analog broadcasts before the funds are available for the converter box fund or the translator conversion fund authorized by S. 1932. We need help in this transition. The amendment makes spectrum available to public safety groups before they can put it to use because we are informed public safety groups must have at least 3 years to prepare for the use of spectrum. We are going to get them the spectrum. They will not be able to use it until we have the money to bring about the transition. I believe our whole committee should oppose this amendment.

Mr. STEVENS. Mr. President, this bill already contains the first portion of this amendment: Notwithstanding any other provision of law, the existing law applies to this area of Alaska. This is a vindictive amendment. It says if my State decides to pursue a legal right that all production in ANWR would stop. There would be no further production. I don't understand this amendment because we have been a State since 1958. We have not filed that suit. That resolution passed the State legislature almost every year, and it is an act of the State legislature, but the Federal law governs this area and it says a 50-50 split, which applies to all States. I yield to the Senator from New Mexico what time we have left.

Mr. STEVENS

Mr. STEVENS. I object.

Mr. STEVENS. We have only 4 minutes left.

Mr. STEVENS. Are we still on the parliamentary inquiry?

Mr. STEVENS. We could enter into a time agreement now, could we not, on the Wyden-Talent amendment?

Mr. STEVENS. The current time agreement refers to a Talent amendment. I ask unanimous consent that be the Wyden-Talent amendment.

Mr. STEVENS. Therefore, that is for the purpose of the Senator being able to yield time to Senator Wyden to start the process.

Mr. STEVENS. Mr. President, I yield the Senator such time as he requires.

Mr. STEVENS. Mr. President, if the Senator will yield for an inquiry, we are prepared to accept the amendment which specifically says the Byrd rule is waived for this amendment only, and this amendment, if totally unchanged, as it returns from the conference, but only this. But I am informed that--and I inform the Senator--if this goes to conference, any Senator could raise the Byrd rule against the whole report if it remains in there, unless we also waive it as to this section.

Mr. STEVENS. Has the amendment been filed?

Mr. STEVENS. Mr. President, must it be filed now to comply with the existing time agreement?

Mr. STEVENS. I object.

Mr. STEVENS. Parliamentary inquiry: Can that amendment be amended later, if it is left alone right now?

Mr. STEVENS. I thought we had a time agreement to ban second-degree amendments.

Mr. STEVENS. Another parliamentary inquiry: Is that amendment subject to a Byrd rule point of order now?

Mr. STEVENS. I didn't hear the Chair. Yes or no?

Mr. STEVENS. Further parliamentary inquiry: If that is adopted and brought back in the conference report, it would be subject to the same consideration?

Mr. STEVENS. Another parliamentary inquiry: That is an amendment to the Cantwell amendment?

Mr. STEVENS. It is an amendment to the provisions in the bill.

Mr. STEVENS. That is correct.

Mr. STEVENS. Mr. President, is it possible to pose a question through the Chair to the Parliamentarian as to whether, if adopted, it would be subject to the point of order under the Byrd rule?

Mr. STEVENS. I seem to be hearing that it is because of the condition of the bill right now, that the time has not expired, et cetera. Is the Parliamentarian ruling because of the time situation or giving us an actual ruling now on application of the Byrd rule to this amendment?

Mr. STEVENS. Do I have any time remaining?

Mr. STEVENS. I will use 30 seconds. I intend to raise a point of order against this amendment unless it is clearly ruled at the time the vote takes place that the Byrd rule will not apply to this amendment here on the floor of the Senate now, during consideration of this bill, or when the bill comes back as a conference report. I reserve the remainder of the time.