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 SEPARATE  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 RE:  Improving  Public  Safety  Communications  in  the  800  MHz  Band  (Report  and  Order,  Fifth  Report  and  Order,  Memorandum  Opinion  and  Order  and  Order). 
 Today  we  take  a  giant  leap  forward  to  protect  public  safety.  Title  I  of  our  enabling  statute  charges  the  Federal  Communications  Commission  to  promote  the 
 national  defense  and  the  safety  of  life  and  property  through  the  wise  use  of  our  country’s  communications  systems.  Indeed,  a  public  servant  has  no  higher  obligation  than  tending 
 to  the  safety  of  the  people. 
 It  took  a  long  time  and  a  lot  of  hard  work  to  get  us  here  today.  Along  the  way  we  discovered  that  no  plan  is  perfect,  no  plan  is  supported  by  all  parties,  and  no  plan  is 
 guaranteed  to  deliver  everything  that  it  promises.  Challenging  technical  questions  were  accompanied  by  equally  challenging  questions  of  policy  and  of  law.  At  the  end  of  two 
 years  of  study,  analysis  and  stakeholder  input,  we  have  now  come  to  a  decision  that  can  fix  the  problems  it  addresses,  advance  public  safety  and  serve  the  public  interest. 


 Today  we  approve  a  reconfiguration  of  the  800  MHz  band  so  that  public  safety  spectrum  is  insulated  from  interference  from  Nextel  operations  and  public  safety  is  given 
 access  to  additional  spectrum  to  do  its  job.  We  mandate  that  Nextel  pay  all  relocation  costs,  even  if  they  are  above  the  $850  million  figure  that  the  company  has  discussed.  We 
 mandate  that  Nextel  secure  an  irrevocable  letter  of  credit  for  $2.5  billion  so  that  the  public  safety  community  knows  that  it  will  have  the  money  it  needs  to  relocate.  We 
 establish  a  transition  manager  that  will  be  independent  of  any  one  interest,  and  that  I  hope  will  work  to  make  the  transition  serve  the  public  interest  of  minimizing  interference  and 
 getting  public  safety  operations  to  a  stable  place  as  soon  as  possible.  We  state  that  upon  receiving  the  Comptroller  General’s  analysis  of  appropriations  statutes,  we  can  stay 
 relevant  portions  of  the  Order  if  appropriate.  And  finally,  we  establish  a  mechanism  to  protect  tax-  payers  against  private  sector  windfall. 


 It’s  a  good  day  for  public  safety,  a  good  day  for  America.  I  think  the  citizens  of  our  country  now  are  looking  to  us—  all  of  us—  to  get  on  with  the  job  of  putting  this  plan 
 into  action.  Time  and  delay  are  not  our  friends  here. 
 I  want  to  express  my  thanks  to  my  colleagues,  particularly  the  Chairman,  to  the  Bureau  and  to  our  hard-  working  staffs  for  the  extraordinary  time,  skill  and  energy  they 
 put  into  this  long-  running  proceeding.  And  I  want  to  express  my  deep  thanks  to  the  public  safety  community  that  worked  so  hard,  traveled  so  far  and  thought  so  creatively  to 
 bring  us  to  where  we  are  today.  The  perseverance  of  all  is  certainly  appreciated  by  this  Commissioner. 
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