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Federal Communications Commission
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Internet: http://www.fcc.gov

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).


Re: Personal Communications Industry Association's Broadband Personal Communications Services Alliance's Petition for Forbearance For Broadband Personal Communications Services

I favor the grant of PCIA's forbearance request for carriers in the Commercial Mobile Radio Services ("CMRS") with regard to some international tariffs and some of the provisions of TOCSIA. These actions, however, are baby steps at a time when noble, decisive leaps of faith are more appropriate. The current and foreseeable competitive developments in the CMRS market and the deregulatory, pro-competitive mandates of the 1996 Telecom Act require more faith in markets and consumers. The majority, I believe, denies all other aspects of the subject request to forbear based on judgments and rationales that raise the bar so high that future and pending forbearance petitions -- even in the most competitive segment of the telecommunications industry and in geographic markets that are fully competitive -- do not seem to stand a chance. I would be remiss not to be somewhat encouraged by the Order's "commitment to forbear" and the proposals in the Notice to forbear from additional provisions. I fear, however, that these are mere words that cannot live up to the heavy burden imposed by this item on PCIA and future petitioners. Accordingly, I will issue a separate statement, dissenting in part from this Order.