[ Text | Word97 ]

January 6, 2000

SEPARATE STATEMENT OF
COMMISSIONER SUSAN NESS

Re: Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket No. 99-168

I strongly support our action today, unleashing 30 MHz of prime spectrum for a variety of wireless services, including fixed and mobile Internet access. I am excited about the prospect of wireless alternatives to the local loop and/or Internet connections to mobile devices as determined by a robust marketplace. Our decision best balances the needs of these competing demands for the same spectrum.

Our decision also recognizes the paramount importance of shielding the public safety bands from interference. Our further actions on the guard bands established in this order first and foremost should ensure the protection of public safety communications.

While I support the order, I would have preferred to act concurrently on the licensing and service rules for the 6 MHz of guard bands. These guard bands, which are adjacent to the public safety spectrum, also are adjacent to the spectrum allocated today. The licensing and service rules that will apply to the guard bands also may affect business strategies of those planning to bid on the 30 MHz. Potential bidders therefore should have the opportunity to factor into their business plans the rules governing the guard bands when considering participation in the auctions governing this newly available spectrum.

Despite my regret that we have not acted concurrently on the full 36 MHz of spectrum, I do look forward to the expeditious resolution of the subsequent actions the Commission will take on these new commercial allocations. I await with anticipation the new advanced wireless services that will be provided to consumers as a result of our action today, and to the competition that will result in the marketplace from the initiation of these new services.