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 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Improving  Public  Safety  Communications  in  the  800  MHz  Band;  Supplemental  Order  and  Order  on  Reconsideration;  WT  Docket  No.  02-  55 
 Everyone  agrees  that  the  top  priority  of  this  proceeding  has  been  resolving  the  800  MHz  interference  problem  currently  experienced  by  our  nation’s  first  responders.  In  addressing  that 
 critical  goal,  though,  one  of  my  next  top  objectives  has  been  to  minimize  the  impact  of  our  decision  on  800  MHz  licensees  not  directly  affected  or  implicated  by  the  interference  problem. 
 Over  the  last  decade  or  so,  the  800  MHz  band  has  evolved  into  one  of  the  premier  land  mobile  radio  communications  bands  and  is  now  the  home  to  thousands  of  licensees  from  all  sectors  of 
 industry  and  state  and  local  government.  I  have  worked  hard  to  protect  the  rights  of  these  licensees  during  this  proceeding  because  it  simply  is  the  right  thing  to  do. 


 In  this  regard,  I  am  pleased  to  support  the  clarifications  in  this  Order  addressing  the  relocation  of  one  group  of  800  MHz  licensees  –  those  non-  Nextel,  non-  SouthernLINC  licensees  who  hold 
 Economic  Area  (EA)  licensees.  We  rightly  confirm  that  existing  ESMR  licensees  like  AIRPEAK  and  Airtel  have  the  option  to  be  relocated  at  Nextel’s  expense  to  the  ESMR  portion  of 
 the  band  (862-  869  MHz).  We  also  clarify  that  site-  based  licenses  used  within  ESMR  systems  can  be  relocated  at  Nextel’s  expense  to  the  862-  869  MHz  block  –  even  if  they  are  not  located 
 within  the  licensee’s  EA  –  provided  that  the  conditions  laid  out  in  paragraph  163  of  the  800  MHz  Report  and  Order  are  satisfied.  If  ESMR  licensees  think  that  this  standard  is  too  restrictive  for 
 certain  operational  sites  in  their  system,  they  should  file  a  waiver  request  detailing  why  this  outcome  is  not  in  the  public  interest. 


 In  the  item,  we  also  provide  an  opportunity  to  EA  licensees  who  presently  do  not  meet  the  ESMR  definition  but  are  interested  in  operating  an  ESMR  system  in  the  above  862  MHz  band. 
 These  licensees  can  choose  to  move  to  the  ESMR  band  and  retain  the  “white  space”  they  currently  hold  through  their  EA  license  provided  they  are  willing  to  operate  a  cellular  system  in 
 the  band  pursuant  to  technical  rules  clarified  in  this  item.  In  the  alternative,  these  EA  licensees  can  remain  in  the  band  below  862  MHz,  and  operate  “high-  site”  systems.  The  choice  is  theirs, 
 and  that  is  the  right  outcome  of  this  proceeding. 
 Finally,  I  very  much  appreciate  the  support  of  my  colleagues  and  the  hard  work  of  the  Wireless  Telecommunications  Bureau  in  providing  for  the  important  clarifications  in  this  Order. 
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