CONCURRING STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH

The use of a spectrum cap is a drastic regulatory remedy that continues to search for a corresponding competitive ill. To the extent the marketplace was ever genetically predisposed to such a malady (a disputable proposition in itself), I believe such treatment has long ago outlived its effectiveness. ⁽¹⁾ In light of this diagnosis, I would have crafted today's Notice in a substantially different way. There is nothing in the Communications Act that requires the FCC to promulgate any type of spectrum cap. As I have stated before, other agencies are fully capable of monitoring the competitive health of the CMRS marketplace. Nor is there any policy rationale for the continued application of the technology- and efficiency-stifling caps. Thus, I would have tentatively concluded here that the caps should be eliminated. Finally, I have grown impatient with the Commission's repeated re-examinations of these issues without substantial alterations in our policy approach. Nonetheless, in light of our current policy posture, I fully support fulfilling our promise to re-examine the caps as part of this year's biennial review. I look forward to a full record on these issues and prompt resolution by the Commission.