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 STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 Dissenting 
 RE:  Promoting  Efficient  Use  of  Spectrum  Through  Elimination  of  Barriers  to  the  Development  of  Secondary  Markets;  Report  and  Order  and  Further  Notice  of 
 Proposed  Rulemaking  (WT  Docket  No.  00-  230). 
 I  continue  to  believe  that  a  well-  regulated  secondary  market  in  spectrum  could  lead  to  more  efficient  and  intensive  use  of  spectrum,  and,  with  new  technologies  like 
 software  designed  radio,  could  assist  in  bringing  innovative  spectrum  uses  to  the  public.  Yet  I  run  into  the  same  problem  here  that  I  did  last  year  with  the  earlier  secondary 
 markets  item:  while  there  may  be  policy  justification  for  some  of  this,  there  is  no  legal  justification.  I  believe  approval  of  this  item  contravenes  Section  310(  d)  of  the 
 Communications  Act. 
 In  Section  310(  d),  Congress  makes  clear  that  no  “station  license  or  any  rights  thereunder  shall  be  transferred,  assigned  or  disposed  of  in  any  manner  .  .  .except  upon 
 application  to  the  Commission  and  upon  finding  by  the  Commission  that  the  public  interest,  convenience,  and  necessity  will  be  served  thereby.”  But  the  Commission’s  ever-expanding 
 secondary  market’s  policies  allow  licensees  to  transfer  a  significant  right  –  the  right  to  control  the  spectrum  on  a  day-  to-  day  basis  –  without  applying  to  the  Commission 
 and  without  the  requirement  of  any  Commission  finding  that  such  transfer  serves  the  public  interest. 


 My  dissent  to  the  original  Secondary  Markets  Order  includes  my  full  legal  argument  on  this  point  and  I  won’t  repeat  it  here.  But  because  I  believe  that  the 
 Commission’s  overall  scheme  is  disallowed  by  the  Communications  Act,  I  will  dissent. 
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