STATEMENT OF
COMMISSIONER ROBERT M. McDOWELL
RE: Service Rules for the 698-746, 747-762 and 777-792 MHz Bands, WT Docket 
No. 06-150, Revision of the Commission’s Rules to Ensure Compatibility with 
Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Section 
68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible 
Telephones, WT Docket No. 01-309, Biennial Regulatory Review – Amendment 
of Parts 1, 22, 24, 27 and 90 to Streamline and Harmonize Various Rules 
Affecting Wireless Radio Services, WT Docket No. 03-264, Former Nextel 
Communications, Inc. Upper 700 MHz Guard Band Licenses and Revisions to 
Part 27 of the Commission’s Rules, WT Docket No. 06-169, Development of 
Operational, Technical and Spectrum Requirements for Meeting Federal, State 
and Local Public Safety Communications Requirements Through the Year 2010, 
WT Docket No. 96-86, Report and Order and Further Notice of Proposed 
Rulemaking, FCC 07-72
Opening up the Lower and Upper 700 MHz Band for auction is America’s best 
opportunity for spurring more competition in the broadband market.  More than likely, 
we will not have another chance like this for years.  That’s why it is so important that we 
get it right.  But we also need to act quickly.  That’s not just a good idea, it’s the law.  
Congress has mandated that we start the auction no later than January 28, 2008, and 
deposit the auction proceeds by June 30, 2008.  So, we appear to have some tension 
between getting it done right and meeting our statutory deadlines.  That said, I am 
optimistic that we can produce high-quality service and auction rules on time.  However, 
I am not without some anxiety.
It is important to note that the Commission is not reaching any tentative 
conclusions with respect to the band plan today.  We are inviting additional comment and 
debate on several ideas.  And, I thank the Chairman for his patience and flexibility in this 
regard.  I’d also like to make clear that I have not reached conclusions on certain of the 
proposals discussed in today’s Further Notice. That’s why I’m delighted we’ll be 
building a more complete record upon which to make an informed decision.  
In my view, to “get it right,” the Commission must ensure that businesses of all 
sizes have a fair opportunity to bid on varied market sizes in both the Upper and Lower 
bands of the 700 MHz slice.  The Lower and Upper portions offer their own attributes 
that are attractive to different entities for different reasons.  Accordingly, both the Upper 
and Lower portions should be accessible at auction to all bona fide bidders regardless of 
size.  Ideally, our rules should also provide bidders the flexibility to aggregate markets 
together to create either a nationwide market, or large, regional or other customized 
markets much like that occurred in the AWS auction, but even better.  Providing such 
equal opportunities will help increase the chances of competition in the broadband market 
for the benefit of all Americans.  The more players we have competing both between and 
within platforms, the better.  Such competition will also spur untold economic growth.
Some may be concerned that allowing for smaller market sizes in the Upper 
portion of the band may preclude the ability of some entities to secure a nationwide 
license to provide a new, competitive broadband platform, or a “third pipe.”  I’d like to 
hear more about those concerns.  In the AWS auction, we witnessed a successful effort 
that fashioned together EA markets to form a virtual nationwide license.  I welcome a 
discussion regarding that may or may not work in the 700 MHz band.  However, we must 
be careful to ensure that we do not overly-tailor our auction rules to fit a particular 
business plan because there are never any guarantees as to who will participate at auction, 
or for how long.
Should we be limited to three pipes?  Why not four, five or more?  Are only 
national companies capable of providing such alternative platforms?  What about 
regional players or local providers?  Small town entrepreneurs?  I hope commenters will 
help provide answers to these important questions.
In a perfect world, we would be completing our work in the 700 MHz commercial 
services proceeding today, and interested parties and potential auction participants would 
have both the certainty and time necessary to give consideration to the significant matters 
surrounding participation in a spectrum auction.  But we live in an imperfect world where 
issues to be resolved by rulemakings are complex.  In this spirit, I support the 
Commission’s effort to seek additional comment on the unresolved matters relating to our 
upcoming auction of spectrum in the 700 MHz band.  
Once we reach the end of this process, I hope that I find that my concerns were
misplaced.  It goes without saying that I will do all I can to ensure that the Commission 
completes this proceeding in record time.
 
Finally, in addition to my thanks to the Chairman and my colleagues, I want to 
acknowledge the hard working and talented staff of the Wireless Telecommunications 
Bureau.  We have a number of milestones ahead of us, and I thank you for your diligence 
despite the demanding schedule associated with this proceeding.