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November 19, 1998

Separate Statement
Commissioner Susan Ness

Re: Amendment of Parts 2 and 25 of the Commission's Rules to Permit Operation of NGSO FSS Systems Co-Frequency with GSO and Terrestrial Systems in the Ku-Band Frequency Range

With this Notice of Proposed Rulemaking, the Commission opens the door for more competitors to provide services in the Ku-band spectrum for the benefit of the American public. This Notice explores other ways for multiple non-geostationary satellite systems to share the limited spectrum in the Ku-band with existing geostationary satellite, terrestrial and government systems to maximize use of the radio spectrum without interfering with existing users. I write separately to caution that whatever spectrum sharing criteria are finally adopted by the Commission for the Ku-band must not restrict the growth and evolution of existing geostationary and terrestrial systems operating in the frequency band.

I am also pleased that this rulemaking will contribute to, and benefit from, the work being done in the ongoing ITU Joint Task Group 4-9-11, which is evaluating the 1997 World Radiocommunication Conference provisional sharing limits applicable to satellite systems operating in the Ku-band. This work is invaluable as we forge ahead to stretch the limits of our radio spectrum to make possible the delivery of more efficient and innovative communications services for consumers around the world.