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 SEPARATE  STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 Re:  In  re  Amendment  of  the  Commission’s  Rules  Regarding  Dedicated  Short-  Range  Communication  Services  in  the  5.850-  5.925  GHz  Band  (5.9  GHz  Band)  (WT  Docket  No. 
 01-  90);  and  Amendment  of  Parts  2  and  90  of  the  Commission’s  Rules  to  Allocate  the  5.850-  5.925  GHz  Band  to  the  Mobile  Service  for  Dedicated  Short  Range 
 Communications  of  Intelligent  Transportation  Services  (ET  Docket  No.  98-  95,  RM-  9096)  (Adopted  December  17,  2003) 


 Smart  radio  technology  means  smarter  highways,  safer  roads  and  a  more  secure  homeland.  By  our  action  today,  the  Commission  takes  a  giant  step  toward  ensuring  that 
 all  Americans  have  access  to  these  life  saving  services  provided  through  advanced  telecommunications  platforms.  The  Commission  also  demonstrates  its  continued 
 commitment  to  assisting  the  United  States  Department  of  Transportation  (DOT)  in  improving  the  safety  and  efficiency  of  the  nation’s  surface  transportation  infrastructure 
 through  the  use  of  Dedicated  Short  Range  Communications  (DSRC)  Service  in  the  5.9  GHz  band.  DSRC  provides  critical  communications  links  for  Intelligent  Transportation 
 Systems  (ITS)  systems,  and  is  essential  to  achieving  a  top  priority  of  the  DOT,  reducing  highway  fatalities. 


 Specifically,  in  this  ITS  Report  and  Order,  the  Commission  adopts  the  interoperability  standard  (ASTM  E2213-  02  or  “ASTM-  DSRC)  supported 
 overwhelmingly  by  the  commenters  and  developed  through  an  accredited  standard  setting  process.  The  Report  and  Order  makes  it  possible  to  license  both  public  safety  and  non-public 
 safety  use  of  the  5.9  GHz  band  and  will  provide  for  open  eligibility  for  licensing  and  technical  rules,  most  of  which  are  embodied  in  the  standard.  The  Commission  will 
 also  license  DSRC  Roadside  Units  (RSUs)  that  will  receive  non-  exclusive  geographic-area  licenses  utilizing  seventy  megahertz  of  the  5.9GHz  band  and  will  help  provide  a 
 framework  that  ensures  priority  for  public  safety  communications.  Finally,  although  significant  progress  has  been  made  in  the  industry  discussion  protocol  regarding  the 
 sharing  of  DSRC  and  FSS  operations  in  the  5.9  GHz  band,  the  Commission  has  deferred  a  decision  on  the  matter  until  the  ongoing  technical  studies  and  industry  discussions  are 
 completed.  Give  the  importance  of  public  safety  applications  in  the  DSRC,  I  urge  the  parties  to  conclude  their  discussions  to  ensure  that  the  ASTM-  DSRC  Standard  will 
 provide  reliable  and  robust  operations. 
 I  would  like  to  thank  the  staffs  of  the  National  Telecommunications  and  Information  Administration  under  the  leadership  of  Michael  D.  Gallagher,  Acting 
 Assistant  Secretary  of  Commerce  for  Communications  and  Information,  and  the  Department  of  Transportation,  headed  by  Norman  Y.  Mineta,  Secretary  of 
 Transportation,  for  working  closely  with  us  to  develop  rules  that  will  bring  the  benefits  of  this  technology  to  our  citizens. 
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