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 Federal  Communications  Commission  FCC  04-  41 
 STATEMENT  OF  COMMISSIONER  KEVIN  J  .  MARTIN 


 Re:  Re:  Promotion  of  Competitive  Networks  in  Local  Telecommunications  Markets;  Wireless  Communications  Association  International,  Inc.  Petition  for  Rulemaking  To  Amend 
 Section  1.4000  of  the  Commission’s  Rules  To  Preempt  Restrictions  on  Subscriber  Premises  Reception  or  Transmission  Antennas  Designed  To  Provide  Fixed  Wireless 
 Services,  Order  on  Reconsideration,  WT  Docket  No.  99-  217 
 I  have  reservations  with  the  Commission’s  decision  to  extend  our  rules  for  over-  the-  air  reception  devices  (OTARD  rules)  to  cover  devices  used  to  receive  services  other  than  video  programming.  The 
 statutory  basis  for  our  OTARD  rules  applies  explicitly  to  “restrictions  that  impair  a  viewer’s  ability  to  receive  video  programming  services  through  devices  designed  for  over-  the-  air  reception  of  television 
 broadcast  signals,  multichannel  multipoint  distribution  service,  or  direct  broadcast  satellite  services.”  47  U.  S.  C.  §  303  note  (Telecommunications  Act  of  1996  Section  207).  I  appreciate  the  policy  behind 
 extending  our  rules  to  telecommunications  services.  I  am  concerned  with  relying  solely  on  our  ancillary  authority  to  do  so. 
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