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 SEPARATE  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 Re:  Unlicensed  Operation  in  the  TV  Broadcast  Bands,  Additional  Spectrum  for  Unlicensed  Devices  Below  900  MHz  and  in  the  3  GHz  Band,  First  Report  and 
 Order  and  Further  Notice  of  Proposed  Rule  Making,  ET  Docket  No.  04-  186  and  ET  Docket  No.  02-  380 


 I  am  very  pleased  to  approve  this  item.  It  is  an  important  step  towards  enabling  a  new  generation  of  wireless  devices  that  will  enlarge  broadband  opportunities  in  cities  and 
 rural  areas  across  the  nation.  For  some  time,  I  have  hoped  the  Commission  would  move  forward  to  enable  this  exciting  new  technology,  so  it  is  very  encouraging  that  we  are 
 doing  so  today. 
 As  my  colleagues  have  heard  me  say,  I  am  of  the  strong  belief  that  our  country  is  in  the  midst  of  a  broadband  crisis  stemming  from  a  lack  of  build-  out  in  many  areas  and 
 from  grossly  inadequate  competitive  choices  in  the  rest.  To  take  just  one  example,  the  International  Telecommunications  Union  has  concluded  that  our  nation  is  15  th  in  the 
 world  in  broadband  penetration,  and  21  st  in  terms  of  “digital  opportunity”  (which  measures  additional  factors  like  wireless  technologies  and  broadband  price).  I  think  that 
 the  use  of  the  TV  white  spaces  is  one  of  the  truly  promising  opportunities  before  us  in  the  near  term  to  remedy  this  grave  situation.  And  make  no  mistake  about  it  –  it  is  a  very 
 grave  situation.  There  is  simply  no  way  that  our  country  can  remain  in  the  forefront  of  the  global  economy  without  developing  a  broadband  infrastructure  that  is  up  to  the  task. 


 The  need  for  new  broadband  options  is  especially  pressing  in  rural  and  high-  cost  areas,  which  may  eventually  be  the  greatest  beneficiaries  of  white  space  technology.  We 
 must  bring  every  part  of  this  great  nation  with  us  as  we  move  into  the  Digital  Age.  It  is  not  just  the  right  thing  to  do;  it  is  an  enlightened  investment  in  our  future  that  I  am  certain 
 will  pay  for  itself  many  times  over. 
 So  I  am  excited  that  we  move  forward  today  to  embrace  this  promising  technology.  But  we  should  not  lose  sight  of  the  fact  that  many  difficult  choices  remain 
 before  us  as  we  approach  the  upcoming  DTV  transition  date,  when  consumers  and  wireless  ISPs  can  first  begin  to  take  advantage  of  these  new  broadband  devices: 


 To  begin  with,  we  must  develop  technical  standards  that  will  maximize  use  of  the  TV  white  spaces  while  at  the  same  time  preventing  inappropriate  interference  with  free, 
 over-  the-  air  broadcasting.  As  with  so  much  of  the  Commission’s  work,  the  devil  is  in  the  details.  I  will  be  watching  closely  to  make  sure  that  we  strike  the  appropriate  balance 
 between  innovation  and  caution. 
 Then  there  is  the  question  of  whether  the  white  spaces  should  be  used  on  a  licensed  or  unlicensed  basis.  The  Commission’s  assumption  has  always  been  unlicensed 
 –  indeed,  the  caption  of  our  2004  NPRM  (and  today’s  item)  is  “Unlicensed  Operation  in  the  TV  Broadcast  Bands.”  I  have  long  supported  freeing  up  additional  unlicensed 
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 spectrum.  In  many  contexts  –  as  with  the  enormously  successful  bands  that  support  today’s  Wi-  Fi  networks  –  unlicensed  uses  most  closely  approach  the  ideal  of  the  people’s 
 airwaves,  to  be  used  in  direct  service  of  the  public  interest.  With  our  recent  AWS  auction  and  the  upcoming  700  Mhz  auction,  we  are  opening  up  a  huge  swath  of  prime  spectrum 
 to  licensed  use  –  and  it  seems  to  me,  on  the  present  record,  that  the  appropriate  balance  is  to  open  up  the  TV  white  spaces  to  unlicensed  use.  So  while  I  am  more  than  happy  to 
 give  careful  consideration  to  comments  from  those  who  favor  licensed  use  of  the  white  spaces,  I  would  have  preferred  that  today’s  item  announce  a  rebuttable  presumption  in 
 favor  of  unlicensed  use.  I  believe  this  approach  would  have  provided  greater  clarity  to  innovators,  entrepreneurs  and  the  American  people. 


 The  final  question  is  whether  and  how  to  permit  operation  on  TV  channels  14-  20,  which  are  used  in  some  states  for  public  safety  operations.  I  would  never  approve  any 
 operation  in  the  white  spaces  that  would  compromise  public  safety.  But  at  the  same  time,  if  it  is  technically  feasible  to  use  these  channels  for  broadband  in  places  where  public 
 safety  officials  do  not  use  them,  I  think  we  ought  to  investigate  such  uses.  I  appreciate  the  Chairman’s  and  my  colleagues’  willingness  to  work  with  me  on  the  portions  of  this 
 item  that  ensure  the  Commission  will  move  forward  to  develop  a  full  record  on  this  issue.  This  keeps  alive  the  encouraging  possibility  that  one  day  these  channels  can  be  used  to 
 provide  broadband  in  the  large  portions  of  the  country  where  they  are  not  being  used  by  public  safety  operators. 


 I  want  to  conclude  by  applauding  the  Office  of  Engineering  and  Technology  for  their  great  work  on  this  item  and  thanking  them  in  advance  for  continuing  to  work  on  the 
 testing  and  technical  rules  stages  of  this  process. 
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