*Pages 1--1 from  Microsoft Word - 23011.doc*
 Separate  Statement  of  Commissioner  Kevin  J.  Martin 
 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. 


 Today  the  Commission  finally  takes  action  to  relieve  the  winning  bidders  in  Auction  No.  35  of  their  obligations.  The  history  of  this  Auction  and  the 
 commensurate  litigation  has  been  long  and  tortured. 
 This  spring  the  Commission  refunded  a  substantial  portion  of  the  monies  on  deposit  to  the  winning  bidders,  but  left  their  obligations  in  place.  In  light  of 
 the  on-  going  economic  burden  of  these  obligations  and  the  continuing  litigation,  the  Commission  should  not  keep  these  obligations  in  place  any 
 longer. 
 Indeed,  I  have  long  thought  that  the  Commission  could  and  should  provide  an  additional  stimulus  to  the  industry  and  the  economy  as  a  whole  by  relaxing 
 these  obligations. 
 I  dissent  in  part,  however,  to  the  decision’s  requirement  that  carriers  withdraw  from  the  entire  auction  to  be  relieved  of  any  of  their  obligations.  I  do  not  see 
 a  need  to  require  carriers  to  make  a  single  election  for  all  of  the  markets  awarded  at  auction  as  a  condition  to  withdrawing  from  any  one  market. 


 My  hope  is  that  today’s  decision  provides  Eligible  Auction  35  winners  with  finality  and  the  certainty  necessary  to  “lay  the  foundation  for  renewed 
 investment,  innovation,  and  job  producing  growth,  both  in  the  telecommunications  industry  and  in  the  economy  as  a  whole.”  1 


 1  Letter  from  Secretary  of  Commerce  Donald  L.  Evans  to  Chairman  Michael  K.  Powell  (Oct.  10,  2002). 
1