CONCURRING STATEMENT OF
COMMISSIONER JONATHAN ADELSTEIN
Re: Applications for License and Authority to Operate in the 2155-2175 MHz Band; 
Petitions for Forbearance Under 47 U.S.C. § 160, WT Docket Nos. 07-16, 07-30.
There has continued to be keen interest over the past years in the 2155-2175 MHz band 
which holds great promise for operators to introduce new offerings of innovative wireless 
broadband services to American consumers.  This spectrum has inexcusably remained fallow 
since the Commission first determined that it was ideally suited for fixed and mobile services, 
including advanced wireless systems.  It continues to be critical that we make vibrant, 
spectrum-based communications opportunities available to more consumers and 
companies.  We need to promote opportunities to expand wireless connectivity, and move 
faster to ensure available and desired spectrum is put to its highest valued use.  
So I’m disappointed that despite the aggressive interest in and availability of this 
spectrum, the Commission is only now expressing its intent to seek comment on service 
rules for this band.   I am also concerned that we have not considered more seriously 
M2Z’s proposal as offering a new technology or service under Section 7 of the 
Communications Act.  The directive under Section 7 is clear.  That is – the Commission 
should be encouraging the development of new technologies and services for the benefit 
of consumers.  Our job at the FCC is to do whatever we can to promote spectrum-based 
opportunities and I am not convinced that we have done so adequately here.  We must 
continually evaluate whether our actions, or lack of action, undercut the ability of 
wireless innovators to get access to new or unused spectrum.
And while I am pleased that this Commission has indicated that it will finally 
move forward with plans to put into place a mechanism for allocating the spectrum and 
requirements for offering service in the 2155-2175 band, I urge my colleagues not to wait 
for months until we issue an order allowing for the innovative use of this spectrum.  The 
Commission has already accumulated a substantial record in this proceeding on the best 
uses of this spectrum.  It is high time for the Commission to seek comment on these 
issues and it is regrettable that we have not already done so.  I encourage the Commission 
to move expeditiously to issue a Notice on the services rules in the band. We simply 
cannot afford to waste any more time.  For all of these reasons, I must concur in this item.