*Pages 1--1 from  Microsoft Word - 40928*
 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Second  Periodic  Review  of  the  Commission’s  Rules  and  Policies  Affecting  the  Conversion  to  Digital  Television,  Report  and  Order,  MB  Docket  No.  03-  15 
 (August  4,  2004) 


 Today  we  take  another  step  in  our  effort  to  further  advance  the  digital  transition.  I  think  the  item  strikes  a  fair  balance  between  several  competing  interests:  the  desire  to  get 
 more  digital  programming  out  to  consumers,  the  need  to  reclaim  the  700  MHz  spectrum,  the  need  for  certainty  regarding  applicable  rules,  and  the  concern  of  broadcasters  that 
 they  not  be  required  to  make  excessive  investments  in  temporary  facilities.  On  this  last  point,  I  am  concerned  about  the  effect  our  replication  and  maximization  deadlines  will 
 have  on  the  smallest  broadcasters,  and  I  emphasize  that  I  hope  our  waiver  process  will  allow  for  flexibility  where  warranted. 


 I  look  forward  to  taking  what  appears  now  to  be  last  critical  step:  resolving  the  pending  petitions  for  reconsideration  regarding  the  extent  of  broadcasters’  “must  carry” 
 rights  in  the  digital  world.  I  hope  we  address  this  issue  soon. 
1