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 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J  .  MARTIN 
 Re:  Allocations  and  Service  Rules  for  the  71-  76  GHz,  81-  86  GHz,  and  92-  95  GHz  Bands;  Loea  Communications  Corporation  Petition  for  Rulemaking,  Notice  of 
 Proposed  Rulemaking,  GEN  Docket  No.  02-  XX,  RM-  10288 
 I  am  pleased  to  approve  this  item,  which  initiates  a  rulemaking  to  enable  commercial  use  of  the  71-  76  GHz,  81-  86  GHz,  and  92-  95  GHz  bands.  As  I  have 
 previously  discussed,  the  amount  of  available  spectrum  is  ultimately  limited  only  by  technology.  See  generally  Separate  Statement  of  Commissioner  Kevin  J.  Martin, 
 Amendment  of  Part  2  of  the  Commission’s  Rules  To  Allocate  Spectrum  Below  3  GHz  for  Mobile  and  Fixed  Services  To  Support  the  Introduction  of  New  Advanced  Wireless 
 Services,  Including  Third  Generation  Wireless  Systems,  Memorandum  Opinion  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  16  FCC  Rcd  16043  (2001).  This 
 item  is  a  perfect  illustration  of  that  point.  The  71-  76  GHz,  81-  86  GHz,  and  92-  95  GHz  bands  –  which  have  wavelengths  of  about  three  to  five  millimeters  –  have  never  before 
 been  used  commercially,  and  it  was  previously  unclear  how  these  bands  could  be  used.  Now,  commercial  interests  are  experimenting  with  different  uses  for  these  bands,  and  this 
 spectrum  may  ultimately  be  used  commercially  for  high-  speed  wireless  local  area  networks,  broadband  access  systems  for  the  Internet,  point-  to-  point  communications,  and 
 point-  to-  multipoint  communications.  I  am  glad  that,  through  this  rulemaking,  we  can  enable  these  kinds  of  commercial  uses. 


 While,  at  present,  the  Commission  must  regard  spectrum  as  a  scarce  natural  resource,  I  am  hopeful  that  future  technological  development  will  reduce  this  sense  of 
 scarcity  –  by  allowing  us  to  use  previously  unusable  spectrum  bands  and  enabling  us  to  use  the  spectrum  we  are  already  using  more  efficiently.  Today’s  item  only  increases  my 
 optimism. 
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