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 STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 APPROVING  IN  PART  AND  CONCURRING  IN  PART 


 Re:  Year  2000  Biennial  Regulatory  Review  –  Amendment  of  Part  22  of  the  Commission’s  Rules  To  Modify  or  Eliminate  Outdated  Rules  Affecting  the  Cellular  Radiotelephone 
 Service  and  other  Commercial  Mobile  Radio  Services,  Order  on  Reconsideration,  WT  Docket  No.  01-  108 


 I  approve  in  part  and  concur  in  part  for  the  reasons  stated  in  my  earlier  statement  in  this  proceeding.  See  Separate  Statement  of  Commissioner  Kevin  J.  Martin,  Year  2000  Biennial 
 Regulatory  Review  –  Amendment  of  Part  22  of  the  Commission’s  Rules  To  Modify  or  Eliminate  Outdated  Rules  Affecting  the  Cellular  Radiotelephone  Service  and  other  Commercial  Mobile 
 Radio  Services,  Report  and  Order,  17  FCC  Rcd  1840  (2002).  Moreover,  as  I  have  explained,  I  disagree  with  the  standard  the  Commission  has  adopted  for  biennial  reviews  pursuant  to  Section 
 11  of  the  Communications  Act,  47  U.  S.  C.  §  161(  a).  See  generally  Separate  Statement  of  Commissioner  Kevin  J.  Martin,  2002  Biennial  Regulatory  Review,  Report,  18  FCC  Rcd  4726 
 (2003). 
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