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 Federal  Communications  Commission  FCC  02-  342 
 JOINT  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 AND  COMMISSIONER  JONATHAN  S.  ADELSTEIN, 
 APPROVING 
 Re:  The  2002  Biennial  Regulatory  Review 
 We  approve  the  Order  because  it  recognizes  that  Section  11  requires  a  two-  step  process.  First,  as  the  statute  states,  the  Commission  must  determine  if  there  is  meaningful  competition  in  the  relevant 
 market.  The  Order  correctly  notes,  however,  that  “the  mere  presence  of  meaningful  competition  will  not  always  lead  us  to  conclude  that  repeal  or  modification  of  a  rule  is  in  the  public  interest.  Rather,  our  task 
 is  to  determine  whether  the  competitive  environment  has  changed  such  that  the  rule  is  no  longer  meaningful,  i.  e.,  is  not  needed  to  further  the  public  interest.”  In  addition,  the  Order  concludes  that  the 
 public  interest  standard  must  be  interpreted  to  mean  the  traditional  Commission  public  interest  standard,  and  does  not  require  a  heightened  justification. 


 Furthermore,  we  view  the  attached  Bureau  reports  as  recommendations  from  that  Bureau  as  to  whether  we  should  retain,  modify,  or  repeal  specific  rules.  Our  approval  of  this  item  does  not  suggest  a  certain 
 position  as  to  the  recommendations  of  the  staffs  of  the  respective  Bureaus.  We  reserve  our  right  to  address  these  issues  as  they  are  presented  to  us  in  the  proceedings  that  will  manifest  themselves  as  a  result 
 of  this  Biennial  Review  proceeding. 
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