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 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 APPROVING  IN  PART,  CONCURRING  IN  PART 
 Re:  Implementation  of  the  Commercial  Spectrum  Enhancement  Act  and  Modernization  of  the  Commission’s  Competitive  Bidding  Rules  and  Procedures;  Order  on  Reconsideration  of 
 the  Second  Report  and  Order;  WT  Docket  No.  05-  211 
 I  support  the  specific  clarifications  in  this  Order  on  Reconsideration  because  they  in  part  respond  to  legitimate  concerns  from  designated  entities  regarding  the  possibly  retroactive 
 application  of  new  rules.  I  have  this  lingering  concern,  though,  that  the  Commission’s  course  of  action  in  this  troubled  proceeding,  notwithstanding  the  legal  maneuvering  in  this  decision,  may 
 still  leave  other  issues  unresolved.  As  I  have  noted  before,  much  of  this  uncertainty  could  have  been  avoided  had  we  started  this  proceeding  earlier  and  kept  it  more  narrowly  focused.  I  hope 
 that  the  Commission’s  decisions  over  the  past  several  months  do  not  prove  to  be  the  undoing  of  our  most  significant  auction  in  10  years. 
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