*Pages 1--1 from  Microsoft Word - 23010.doc*
 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 
 In  re:  Disposition  of  Down  Payment  and  Pending  Applications  By  Certain  Winning  Bidders  in  Auction  No.  35,  Requests  for  Refunds  of  Down  Payments 
 Made  in  Auction  No.  35,  WT  Docket  No.  02-  276 


 I  enthusiastically  support  today’s  Order.  I  have  long  believed  that  the  delays  occasioned  by  extensive  litigation,  when  combined  with  significant  changes  in  the 
 marketplace  over  the  last  several  years,  lead  us  to  today’s  result.  In  light  of  the  ongoing  uncertainty  regarding  our  ability  to  award  these  licenses  and  current  economic  conditions, 
 I  do  not  believe  the  public  interest  is  served  by  tying  up  deposits  and,  perhaps  worse,  subjecting  carriers  to  the  risk  of  having  to  produce  billions  of  dollars  on  short  notice  if  the 
 Commission  prevails  in  the  U.  S.  Supreme  Court.  These  factors  have  produced  a  financial  overhang  that  makes  it  difficult  for  carriers  to  make  much-  needed  infrastructure 
 investments  and  service  upgrades.  Today’s  action  by  the  Commission  should  provide  relief  from  these  constraints.  It  will  allow  carriers  to  use  deposit  money  more 
 productively  and  enhance  their  ability  to  attract  additional  capital,  thus  ultimately  benefiting  consumers. 
1