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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,  Report  and 
 Order,  WT  Docket  No.  02-  146,  RM-  10288 
 I  am  pleased  to  approve  this  item,  which  adopts  service  rules  to  facilitate  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).  Today’s 
 Order  illustrates  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.  Indeed,  it  was  previously  unclear  how  these  bands  could  be  used.  Now,  however,  the  private  sector  is  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  pleased  that  we  are  facilitating  these  kind  of  services. 


 While,  at  present,  the  Commission  must  regard  spectrum  as  a  scarce  natural  resource,  I  am  optimistic  that  future  technological  development  will  reduce  this  sense  of 
 scarcity.  Such  development  may,  as  here,  enable  use  of  previously  unusable  spectrum  bands  and  provide  for  more  efficient  use  of  the  spectrum  we  are  already  using.  Today’s 
 Order  increases  my  optimism. 
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