*Pages 1--1 from  Microsoft Word - 24778.doc*
 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  In  the  Matter  of  Flexibility  for  Delivery  of  Communications  by  Mobile  Satellite  Service  Providers  in  the  2  GHz  Band,  the  L-  Band,  and  the  1.6/  2.4  GHz  Bands;  Review  of 
 the  Spectrum  Sharing  Plan  Among  Non-  Geostationary  Satellite  Orbit  Mobile  Satellite  Service  Systems  in  the  1.6/  2.4  GHz  Bands;  IB  Docket  No.  01-  185,  IB  Docket  No.  02- 
 364(  Adopted  January  29,  2003) 
 The  issues  addressed  in  today’s  Report  and  Order  have  been  heavily  debated  before  the  Commission  for  almost  two  years,  and  I  commend  the  staff  for  its  hard  work 
 on  this  often  contentious  issue.  I  also  commend  the  Chairman  and  my  fellow  Commissioners  for  their  collective  leadership  on  such  a  difficult  and  challenging  matter. 
 I  am  hopeful  that  today’s  decision  facilitates  the  provision  of  mobile  satellite  services,  particularly  in  those  areas  of  the  country,  including  rural  areas,  which  currently  are 
 underserved  by  other  wireless  services. 
 I  remain  concerned,  however,  that  our  decision  raises  the  possibility  of  unintended  consequences  –  our  decision  should  not  allow  a  Mobile  Satellite  Services  (MSS)  system  with  an 
 ancillary  terrestrial  component  to  evolve  into  a  terrestrial  system  with  an  ancillary  mobile  satellite  component.  I  thus  write  separately  to  underscore  my  commitment  to  ensuring  that 
 mobile  satellite  service  licensees  fully  comply  with  the  so-  called  “gating”  restrictions  prior  to  receiving  ancillary  terrestrial  authority.  I  will  pay  particular  attention  to  MSS  licensees  not 
 presently  operating  systems  to  make  certain  that  they  satisfy  the  gating  requirements  by  operating  their  own  satellite  facilities  and  providing  substantial  satellite  service  to  the  public 
 prior  to  receiving  authority  to  provide  terrestrial  services.  I  also  intend  to  ensure  that  the  restrictions  are  maintained  throughout  the  grant  of  ancillary  terrestrial  authority  by  all  MSS 
 licensees. 
 Finally,  I  also  share  a  keen  interest  in  Congressional  consideration  of  a  grant  of  fee  authority  to  the  Commission. 
1