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 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J  .  MARTIN 
 Re:  Revision  of  the  Commission’s  Rules  To  Ensure  Compatibility  with  Enhanced  911  Emergency  Calling  Systems;  Petition  of  City  of  Richardson,  Texas,  Second  Order 
 on  Reconsideration,  CC  Docket  No.  94-  102 
 I  am  pleased  to  support  this  Order.  I  write  separately,  however,  to  express  my  concern  with  its  analysis  of  the  Commission’s  compliance  with  the  court’s  decision  in 
 Sprint  v.  FCC,  315  F.  3d  369  (D.  C.  Cir.  2003).  Sprint  held  that  the  Commission  failed  to  provide  proper  notice  for  a  rule  clarification  under  the  Administrative  Procedure  Act 
 when  the  only  notice  provided  was  a  Bureau-  level  public  notice.  In  this  Order,  we  conclude  that  a  Bureau-  level  public  notice  did  provide  adequate  notice,  because,  unlike  in 
 Sprint,  the  notice  was  published  in  the  Federal  Register  and  contained  an  Initial  Regulatory  Flexibility  Analysis.  While  I  think  this  analysis  is  not  unreasonable,  we 
 should  avoid  these  issues.  Ultimately,  the  Commission  itself  is  responsible  for  the  actions  taken  by  the  agency.  The  better  course  in  the  future  is  to  issue  Commission-  level 
 notices.  A  full  Commission-  level  notice  is  the  vehicle  explicitly  called  for  by  Sprint  and  would  plainly  satisfy  the  court’s  concerns. 
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