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 Federal  Communications  Commission  FCC  03-  44 
 CONCURRING  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 


 Re:  Reexamination  of  the  Comparative  Standard  for  Noncommercial  Educational  Applicants 
 Today’s  decision  has  much  to  recommend  it.  I  am  pleased  the  Commission  has  reached  a  decision  on  the  difficult  issue  of  the  eligibility  of  noncommercial  educational  applicants  to  use  non-reserved 
 spectrum.  I  agree  with  the  decision  to  allow  applicants  for  an  NCE  station  to  continue  to  apply  for  the  use  of  non-  reserved  spectrum,  subject  to  dismissal  if  there  is  a  competing  commercial  application. 
 Such  an  approach  is  preferable  to  holding  all  such  applications  ineligible  even  where  there  is  not  a  mutually  exclusive  application  for  the  spectrum’s  use.  NCE  stations  –  traditional  public  broadcasting,  as 
 well  as  other  stations  licensed  to  universities,  churches,  and  municipalities  –  have  been  fulfilling  their  educational  mission  to  their  communities  for  decades. 


 It  further  seems  reasonable  to  allow  nonprofit  educational  organizations  not  wishing  to  provide  NCE  services  to  utilize  non-  reserved  spectrum.  Applicants  who  do  not  choose  to  make  an  NCE  showing 
 ought  to  have  the  opportunity  to  obtain  licenses  for  the  use  of  non-  reserved  spectrum.  Indeed,  as  the  Order  points  out,  some  non-  profit  entities  today  operate  both  commercial  and  non-  commercial  stations. 


 In  addition,  under  current  rules  that  are  not  at  issue  here,  a  commercial  station  is  not  precluded  from  changing  its  status  to  an  NCE  station.  This  also  seems  reasonable.  After  all,  why  preclude  a 
 commercial  broadcaster  from  deciding  it  would  be  better  to  provide  educational  programming  and  receive  the  attendant  benefits  and  obligations  of  being  an  NCE  station? 


 I  must  note,  however,  that  this  is  not  a  perfect  resolution  of  all  the  issues.  Probably  there  is  no  perfect  solution.  Nevertheless,  I  do  see  opportunities  for  abuse  that  could  develop  out  of  today’s  Order. 
 For  example,  a  non-  profit  educational  organization  that  seeks  an  additional  license  outside  the  reserved  bands  could  claim  it  is  seeking  a  commercial  station,  participate  in  an  auction,  and  then  immediately  upon 
 receiving  the  license  change  its  status  to  an  NCE  station.  The  Order  assumes  that  the  benefits  of  getting  more  educational  programming  on  the  air  outweigh  the  risk  of  abuse.  And  indeed,  allowing  NCE 
 applicants  to  avoid  the  auctions  exemption  in  this  manner  is  a  way  to  get  more  NCE  broadcast  stations  on  the  air.  Yet,  my  concern  remains. 


 More  generally,  I  am  concerned  about  further  blurring  the  distinctions  between  commercial  and  non-  commercial  licensees.  It  was  not  so  long  ago  that  this  Commission  went  down  the  road  toward 
 commercialization  of  public  television  by  determining  that  the  prohibition  on  advertising  does  not  apply  to  advertisements  carried  on  the  non-  broadcast  portion  of  the  bitstream  -  the  spectrum  used  for 
 subscription  or  data  services. 
 I  do  not  want  to  encourage  further  travel  down  this  road.  Some  nonprofit  educational  broadcasters  could  feel  pressure  to  seek  additional  revenue  streams  to  purchase  licenses.  We  may  soon  be 
 dealing  with  revenue-  raising  schemes  that  will  detract  from  and  endanger  the  integrity  of  noncommercial  broadcasting.  Worse  yet,  at  some  point,  public  funds  could  be  used  to  purchase  licenses  to  use  the 
 public’s  airwaves.  I  fervently  hope  that  public  broadcasters  will  not  resort  to  this,  because  in  so  doing,  they  could  be  playing  fast  and  loose  with  not  only  the  proud  heritage  of  their  service,  but  also  with  its 
 very  credibility  and  long-  term  survivability. 
 Congress  did  not  establish  noncommercial  broadcasting  to  be  the  same  as  commercial  broadcasting.  In  establishing  the  Corporation  for  Public  Broadcasting,  Congress  reported  that  public 
 broadcasters  "will  not  be  in  economic  competition  with  commercial  broadcasters.  [They]  will  be  filling  the  gaps  that  commercial  broadcasters  do  not  fill.”  Because  NCE  stations  are  different,  they  should  be 
 able  to  use  the  money  they  collect  for  the  development  of  new  and  innovative  programming,  rather  than 
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 for  competing  against  commercial  broadcasters  in  auctions  for  licenses  of  public  spectrum.  I  hope  our  decision  today  will  not  be  used  to  circumvent  Congress’  directive  against  auctions  for  NCE  stations.  If 
 such  a  result  comes  to  pass,  the  Commission  may  need  to  revisit  its  decision  today.  Indeed,  I  will  urge  it  to  do  so. 
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