PRESS STATEMENT OF COMMISSIONER MICHAEL POWELL, CONCURRING IN PART AND DISSENTING IN PART Re: In the Matter of Interconnection and Resale Obligations Pertaining to Commercial Mobile Radio Services, WT Docket No. 98-100 and GN Docket No. 94-33, Memorandum Opinion and Order on Reconsideration. I generally concur in this decision to the extent it (1) affirms the final sunset the CMRS resale rule on November 24, 2002; (2) removes CPE and CPE in bundled packages from the scope of the CMRS resale rule; (3) attempts to narrow the scope of the resale rule to exclude certain C, D, E, and F block PCS licensees; and (4) exempts from the rule all SMR (and other CMRS) providers that do not utilize in-network switching facilities. I dissent from the majority's refusal to reconsider certain aspects of the Commission's earlier denial of forbearance relief from the CMRS resale rule. Accordingly, I will issue a separate statement, dissenting in part from this Order.