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 Federal  Communications  Commission  FCC  03-  110 
 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 


 Re:  Revision  of  Parts  2  and  15  of  the  Commission’s  Rules  to  Permit  Unlicensed  National  Information  Infrastructure  (U-  NII)  Devices;  Notice  of  Proposed  Rulemaking;  ET  Docket  No.  03-  122. 
 The  evolution  of  unlicensed  wireless  devices  over  the  past  decade  has  been  amazing.  What  was  once  the  province  of  garage  door  openers,  baby  monitors,  and  cordless  phones  now  is  also  the  home  of 
 wireless  LANs,  hotspots,  and  cyber  cafés. 
 I  support  this  item  because  it  continues  the  Commission’s  effort  to  promote  the  development  of  unlicensed  devices  and  services.  The  tremendous  growth  of  WiFi  in  the  2.4  GHz  band  was  facilitated  by 
 the  licensing  (or  more  appropriately  the  “unlicensing”)  approach  initially  adopted  by  the  Commission  for  this  band.  Our  unlicensed  service  rules  allow  manufacturers  to  develop  technologies  that  anyone  can  use 
 without  a  license.  In  proposing  to  add  spectrum  in  the  5.8  GHz  band  for  unlicensed  use,  we  must  continue  this  regulatory  approach  so  that  we  encourage  as  many  avenues  as  possible  for  broadband  and 
 other  important  services  to  reach  consumers,  no  matter  where  they  live. 
 My  goal  as  a  policymaker  is  to  maximize  the  services  and  information  that  flow  over  our  airwaves.  A  regulatory  framework  for  innovation  can  provide  the  necessary  conditions  that  support  the 
 growth  and  development  of  spectrum-  based  services,  including  future  use  of  the  5.8  GHz  band.  Such  a  framework  functions  in  a  manner  akin  to  a  greenhouse,  in  which  plants  are  protected  from  the  elements 
 by  a  structure  and  are  nurtured  so  that  they  can  thrive  on  their  own  within  it. 
 I  believe  that  in  the  NPRM  adopted  today,  the  Commission  properly  strives  for  such  an  approach  to  spectrum  management.  We  want  to  build  a  structure  that  encourages  the  growth  of  the  unlicensed 
 industries,  but  also  controls  the  elements,  like  harmful  interference  that  may  impact  incumbent  operators.  The  issue  of  harmful  interference  is  so  important  in  this  case  because  of  the  existing  use  of  the  255 
 megahertz  by  Department  of  Defense  radar  systems.  I  applaud  all  of  the  parties  who  were  involved  in  preparing  the  US  position  on  Agenda  Item  1.5  at  next  month’s  World  Radiocommunications  Conference, 
 which  also  serves  as  blueprint  for  this  NPRM. 
 Just  as  a  greenhouse  can  support  different  types  of  plant  forms,  our  framework  for  the  U-  NII  bands  must  do  the  same  –  it  must  be  flexible  enough  to  accommodate  all  different  kinds  of  technologies. 
 Our  framework  should  not  choose  which  technology  will  survive,  and  which  will  not,  but  it  must  create  an  environment  that  allows  the  different  seeds  of  technology  to  truly  have  an  opportunity  to  grow  and 
 develop  on  their  own.  I  believe  that  we  have  proposed  such  an  approach  here,  and  I  am  optimistic  that  our  framework  for  innovation  will  enable  new  technologies  in  the  unlicensed  space  to  meet  the  public’s 
 demand  for  broadband  more  efficiently. 
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