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Re: FWCC Request for Declaratory Ruling on Partial-Band Licensing of Earth Stations in the Fixed-Satellite Service that Share Terrestrial Spectrum, IB Docket No.00-203, RM-9649, et al (rel. October 24 , 2000)

Today's Notice of Proposed Rulemaking makes important strides to bring: (1) symmetrical efficiency obligations to terrestrial and satellite users that share spectrum, and (2) Onsat's service closer to reality. These initiatives are overdue and will improve and balance our regulatory approach to spectrum management.

Particularly regarding the FWCC's petition, I urge the parties to evaluate meticulously our proposals to ensure that the ultimate rules are the least intrusive necessary to achieve our regulatory goals. In these bands -- where both the terrestrial and satellite licensees received their spectrum for free -- it is important that we require symmetrical, technology-neutral, and reasonably efficient spectrum use. With that goal in mind, the FCC must also avoid rules that are too detailed and complicated to be effective. Specifically in defining "use" and "efficiency" the Commission should take great care to craft narrow, concise rules. In this regard, parties are encouraged to develop proposed "safe harbors" that may streamline the Commission's assessment of these factors. Burdensome regulatory obligations and showings will ultimately only obscure our goals and slow down the regulatory process. I look forward to developing a comprehensive record in this proceeding and adopting rules that are clear, straightforward, and enforceable.