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 SEPARATE  STATEMENT  OF  FCC  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 
 Re:  Amendment  of  Parts  1,  21,  73,  74  and  101  of  the  Commission’s  Rules  to  Facilitate  the  Provision  of  Fixed  and  Broadband  Access,  Educational  and  Other  Advanced  Services 
 in  the  2150-  2162  and  2500-  2650  MHz  Bands;  et  al.,  WT  Docket  No.  03-  66,  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking  (adopted  June  10,  2004) 


 With  this  order  the  Commission  furthers  two  critical  goals;  maximizing  the  efficient  use  of  the  spectrum  resource  and  facilitating  the  deployment  of  broadband 
 services  to  all  Americans.  While  many  MMDS  and  ITFS  licensees  currently  provide  very  valuable  services  to  the  public,  it  appears  that  these  services  have  not  yet  reached 
 their  full  potential  and  some  of  the  spectrum  remains  underutilized.  Licensees  have  repeatedly  told  us  that  regulatory  hurdles  thwart  their  attempts  to  deploy  the  new, 
 innovative  services  demanded  by  the  market. 
 This  order  responds  directly  to  a  proposal  from  the  ITFS  and  MMDS  industries  for  major  revision  of  current  regulations.  Our  intent  is  to  ensure  these  services  will  no 
 longer  be  hindered  by  outdated  and  overly  restrictive  regulation.  While  we  have  not  adopted  the  industry  proposal  in  total,  we  have  used  it  as  a  solid  basis  for  many  of  the 
 rule  changes  we  adopt  today.  These  new  policies  will  promote  greater  flexibility  for  the  newly  named  Broadband  Radio  Service  (BRS)  licensees  so  that  they  can  deploy  new 
 products,  such  as  a  third  broadband  pipe  to  the  home,  a  mobile  solution,  a  broadcast  alternative,  or  some  other  service,  as  driven  by  the  market.  In  addition,  this  order  grants 
 the  educational  community  the  same  flexibility  as  commercial  users  in  order  to  ensure  that  our  nation’s  educators  have  access  to  the  most  innovative  technologies  and  services. 


 As  BRS  and  ITFS  licensees  transition  to  our  new  band  plan,  I  look  forward  to  receiving  the  upcoming  reports  from  the  Wireless  Telecommunications  Bureau  which 
 will  monitor  and  evaluate  the  use  of  the  band  to  ensure  that  the  spectrum  is  being  used  efficiently  and  effectively. 


 Finally,  I  want  to  thank  all  the  parties  that  participated  in  this  proceeding  for  their  cooperation  and  input,  as  well  as  the  staff  of  the  Wireless  Telecommunications  Bureau 
 for  their  tireless  work  to  quickly  resolve  the  many  issues  presented  to  us  in  this  proceeding. 
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