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 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J  .  MARTIN 
 APPROVING  IN  PART  AND  DISSENTING  IN  PART 
 Re:  Amendment  of  Parts  2  and  25  of  the  Commission’s  Rules  to  Permit  Operation  of  NGSO  FSS  Systems  Co-  Frequency  with  GSO  and  Terrestrial  Systems  in  the  Ku-Band 
 Frequency  Range;  Amendment  of  the  Commission’s  Rules  to  Authorize  Subsidiary  Terrestrial  Use  of  the  12.2-  12.7  GHz  Band  by  Direct  Broadcast 
 Satellite  Licensees  and  Their  Affiliates;  and  Applications  of  Broadwave  USA,  PDC  Broadband  Corporation,  and  Satellite  Receivers,  Ltd.  to  Provide  a  Fixed 
 Service  in  the  12.2-  12.7  GHz  Band,  Fourth  Memorandum  Opinion  and  Order  and  Order,  ET  Docket  No.  98-  206,  RM-  9147,  and  RM-  9245. 


 I  approve  in  part  and  dissent  in  part  for  the  reasons  explained  in  my  earlier  separate  statement  on  this  matter.  See  Separate  Statement  of  Commissioner  Kevin  J. 
 Martin,  Approving  in  Part  and  Dissenting  in  Part,  Amendment  of  Parts  2  and  25  of  the  Commission’s  Rules  to  Permit  Operation  of  NGSO  FSS  Systems  Co-  Frequency  with  GSO 
 and  Terrestrial  Systems  in  the  Ku-  Band  Frequency  Range;  Amendment  of  the  Commission’s  Rules  to  Authorize  Subsidiary  Terrestrial  Use  of  the  12.2-  12.7  GHz  Band 
 by  Direct  Broadcast  Satellite  Licensees  and  Their  Affiliates;  and  Applications  of  Broadwave  USA,  PDC  Broadband  Corporation,  and  Satellite  Receivers,  Ltd.  to  Provide 
 a  Fixed  Service  in  the  12.2-  12.7  GHz  Band,  Memorandum  Opinion  and  Order  and  Second  Report  and  Order,  ET  Docket  No.  98-  206,  RM-  9147,  and  RM-  9245  (rel.  May  23, 
 2002). 
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