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 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Wireless  Operations  in  the  3650-  3700  MHz  Band  (ET  Docket  No.  04-  151);  Additional  Spectrum  for  Unlicensed  Devices  Below  900  MHz  and  in  the  3  GHz 
 Band  (ET  Docket  No.  02-  380);  and  Amendment  of  the  Commission’s  Rules  with  Regard  to  the  3650-  3700  MHz  Government  Transfer  Band  (ET  Docket  No.  98- 
 237);  Report  and  Order  and  Memorandum  Opinion  and  Order 
 In  many  respects,  this  is  a  bold  decision.  Based  on  some  circumstances  unique  to  the  3650-  3700  MHz  band,  our  decision  bucks  conventional  wisdom,  and  puts  in  place  rules 
 and  procedures  that  are  intended  to  maximize  multiple  licensed  users  sharing  spectrum  in  the  same  geographic  area.  While  not  a  traditional  “unlicensed”  model,  we  have  taken 
 appropriate  steps  to  significantly  lower  barriers  to  entry.  The  approach  we  are  taking  here  should  make  it  much  easier  for  this  spectrum  to  get  in  the  hands  of  people  who  are 
 ready  and  willing  to  use  it. 
 This  follows  in  the  footsteps  of  our  decision  in  the  70/  80/  90  GHz  proceeding  that  also  broke  new  ground  in  our  approach  to  spectrum  licensing.  I  think  this  reflects  a  positive 
 trend  at  the  Commission.  We  need  to  find  the  right  balance  between  a  licensing  model  for  traditional,  area-  wide  mobile  systems,  and  a  model  for  services  such  as  those 
 proposed  for  the  3650-  3700  MHz  band  –  a  band  that  ultimately  may  serve  a  different  user  group,  one  that  often  is  driven  by  more  localized,  community  based  needs. 


 We  want  to  take  advantage  of  the  WiFi  movement  and  take  it  to  another  level.  I  realize  that  we  could  not  do  everything  the  mesh  network  community  had  hoped  for  –  we  had  to 
 ensure  that  incumbents  are  properly  protected  –  but  we  put  in  place  a  regime  that  doesn’t  rely  on  first  in  time  and  provides  equal  access  to  all. 


 I  support  our  decision  today.  Of  course,  only  time  will  tell  if  the  novel  decisions  we  make  here  result  in  increased  use  of  this  encumbered  spectrum  band.  But  I  think  that 
 given  the  success  of  unlicensed  wireless  networks,  we  are  on  the  right  track,  and  our  creative  spectrum  management  approach  is  well  justified. 
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