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 Federal  Communications  Commission  FCC  03-  266 
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 Diocese  and  SCAD,  or  any  other  school,  to  use  it  because  it  says  the  window  for  filing  for  applications  has  closed! 
 That  means  the  Diocese  and  SCAD  were  denied  use  of  the  spectrum  when  the  window  was  open  because  they  might  interfere  with  a  system  that  had  not  been  built  and  never  would  be  built.  And  when 
 this  ghost  system’s  permit  was  finally  rescinded  a  decade  later  the  Diocese  and  SCAD  were  denied  use  of  the  spectrum  because  the  window  was  closed.  This  is  a  perplexing  result. 


 So  now  the  ITFS  spectrum  in  Savannah  has  lain  fallow  for  more  than  a  decade.  No  school  has  been  able  to  take  advantage  of  this  great  program.  And  because  of  the  Commission’s  decision,  no  school 
 will  be  able  to  use  the  spectrum  for  the  foreseeable  future.  Instead  the  spectrum  will  remain  unused,  and  probably  eventually  will  be  transferred  to  a  private  company  instead  of  a  school  based  on  the  argument 
 that  ITFS  licensees  did  not  do  enough  with  their  spectrum.  But  as  we  see  in  this  proceeding,  even  when  a  school  was  ready  and  willing  to  build  out  an  ITFS  system,  our  interpretation  of  FCC  rules  and  procedures 
 could  get  in  the  way. 
 As  Commissioner  Martin  forcefully  demonstrates,  we  have  the  legal  ability  to  fix  this  problem.  I  fail  to  see  how  our  refusal  to  do  so  serves  the  public  interest. 
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