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 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Amendment  of  Parts  1,  21,  73,  74  and  101  of  the  Commission’s  Rules  to  Facilitate  the  Provision  of  Fixed  and  Mobile  Broadband  Access,  Educational  and  Other  Advanced 
 Services  in  the  2150-  2162  and  2500-  2690  MHz  Bands;  WT  Docket  No.  03-  66;  et  al. 
 The  Communications  Act  places  an  obligation  on  the  Commission  to  encourage  the  investment  in  and  rapid  deployment  of  new  technologies.  In  today’s  Order,  we  hopefully  meet  that 
 obligation  by  adopting  rules  that  provide  a  framework  for  innovation  in  the  BRS  and  ITFS  services.  Our  rules  accommodate  the  latest  technologies  and  will  facilitate  the  provision  of 
 broadband  over  wireless,  a  potential  third  pipe  to  the  home.  It  is  no  secret  that  the  BRS  and  ITFS  services  have  had  a  tortured  regulatory  history.  Today  we  establish  a  policy  regime  that 
 will  finally  bring  these  services  squarely  into  the  21  st  century. 
 The  changes  we  are  making  today  rightly  recognize  the  potential  of  the  2496-  2690  MHz  band  and  take  advantage  of  its  capabilities.  I  am  most  excited  about  the  future  use  of  the  spectrum  for 
 broadband  services,  both  commercial  and  educational.  I  am  a  strong  believer  in  the  future  and  the  potential  of  broadband  communications.  Broadband  has  the  power  to  transform  the  lives  of 
 individuals  and  the  future  of  communities.  I  believe  that  wireless  solutions  will  play  an  important  role  in  the  future  for  broadband  deployment  especially  in  rural  areas.  Today’s  Order 
 recognizes  this  and  implements  the  means  to  promote  advanced  wireless  services. 
 I  also  am  pleased  that  we  reaffirm  today  that  there  is  a  continued  role  for  educators  in  this  spectrum  band.  For  forty  years,  ITFS  providers  have  used  this  spectrum  for  educational 
 programming.  It  would  be  wrong  to  phase  out  the  role  of  educators  at  the  same  time  we  radically  change  the  structure  of  the  band.  Stanford  University,  my  own  alma  mater,  has  been 
 licensed  to  operate  as  an  ITFS  system  for  over  thirty  years.  The  university  transmits  more  than  350  programming  hours  a  week.  Stanford  provides  instructional  coursework  to  thousands  of 
 graduate  students  throughout  the  Bay  Area  and  works  closely  with  many  in  the  high  tech  community  to  ensure  that  their  employees  have  the  best  education  possible. 


 As  we  transition  to  broadband,  we  need  to  consider  the  important  work  of  educators  using  ITFS  like  Stanford.  And  we  also  need  to  consider  the  impact  of  the  transition  on  those  incumbents 
 who  are  providing  video  and  broadband  services  in  smaller  markets  throughout  the  country.  I  have  worked  hard  to  ensure  as  smooth  a  transition  as  possible  for  ITFS  and  MDS  incumbents, 
 and  thank  my  colleagues  for  their  support  in  accommodating  a  number  of  my  revisions.  I  am  also  pleased  that  the  Commission  has  asked  for  a  series  of  reports  that  will  give  details  on  the 
 progress  of  the  transition  process  and  will  comment  on  some  of  the  lessons  learned  as  we  undertake  this  novel  effort. 


 I  am  disappointed,  though,  that  the  Order  moves  forward  with  a  transition  process  that  is  based  on  major  economic  areas  (MEAs).  The  BRS  and  ITFS  services  are  local  services,  and  I  believe 
 that  broadband  deployment  for  the  foreseeable  future  will  be  rolled  out  on  a  relatively  localized  basis.  I  am  concerned  that  the  obligation  to  transition  an  entire  MEA  will  make  it  exceedingly 
 difficult  for  proponents  to  effectuate  transitions  in  their  particular  market. 
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 Finally,  I  want  to  thank  the  Wireless  Telecommunications  Bureau  for  all  of  their  time  and  hard  work  spent  on  this  monumental  item.  This  Order  represents  a  significant  step  by  the 
 Commission  to  ensure  that  providers  continue  to  have  opportunities  to  deploy  broadband  so  that  all  consumers  across  America  have  access  to  the  best  communications  possible. 
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