**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re: Unlicensed Operation in the TV Broadcast Bands;* Second Report and
Order and Memorandum Opinion and Order, ET Docket No. 04-186

Today the Commission takes a critically important step towards managing
the public's spectrum to promote efficiency, and to encourage the
development and availability of innovative devices and services.

White spaces are the blank pages on which we will write our broadband
future. I have long called for not only a "third pipe" into the home but
a "third channel" directly to consumers, wherever they may roam. Today,
we make a key advance toward a third channel for broadband competition
and deployment. This Order is a central element of the national
broadband strategy that I have advocated for quite some time.

Today's decision is consequential to our nation's future because
wireless broadband has the potential to improve our economy and quality
of life in even the remotest areas. One of the best options for
promoting broadband and competition across the country, particularly in
rural areas, is maximizing the potential of spectrum-based services.
Because we are a nation of innovators and entrepreneurs, the
Commission's decision to open fallow spectrum to new uses will give our
country an opportunity to reclaim its place as a world leader in
broadband deployment.

Wireless devices have become a central part of many of our lives. As the
market continues to expand, so too does our need for spectrum and
infrastructure that can meet the rising demands. Our job as a Commission
is to pack as much data as possible over the public spectrum without
causing harmful interference. Unlicensed spectrum holds by far the most
promise for maximizing the use of white spaces. Our balanced approach in
this order provides the flexibility and low barriers to entry needed to
provide an opportunity for everyone to make the best use of this
under-used spectrum. It also implements safeguards to protect those that
already make valuable use of the spectrum.

The results of the Office of Engineering and Technology's study show
that geo-location technology offers an accurate and dependable means of
protecting spectrum incumbents from interference. I am pleased with our
decision to require both master-client based and independent based
devices to utilize geo-location technology and database access for
identifying vacant channels. Because broadcasters have such a vital role
in local communities, preservation of consumers' television reception
and other services is critical to acceptance of new white spaces
devices. Although spectrum-sensing technology has not yet been proven to
offer the same level of protection, I applaud our support for its
continuing development and look forward to the innovation it may bring.

I am pleased that my colleagues have agreed to provide details regarding
the certification process for white space devices. These additional
details will provide an avenue for public comment on this process and
ensure that the resulting process is fully vetted by interested parties.

Many have raised the concern that broadcasters and users of wireless
microphones will suffer harmful interference as a result of this Order.
The Office of Engineering and Technology assures us that there are
adequate protections here to prevent harmful interference to licensed
users, and I accept their assurances.

It is small consolation to those that feel justifiably aggrieved by the
process that there was overwhelming support for acting now, and that
more time was unlikely to change the outcome. This process is not a
model of transparency. When the Commission puts expediency ahead of an
open process, it creates unnecessary resentment from parties that
believe they were not given a fair hearing. This is not the process I
would have undertaken, but since our independent engineering staff
justifies the decision on the basis of their best expert analysis, I
approve this item.

An issue of great concern remains, though, that many unwary consumers
purchased wireless microphones that may not comport with Commission
rules. An investigation is underway, and if we find that Commission
rules were violated, we must act to protect the many musicians,
performers and others who will need to ensure their equipment continues
to work. While I am hopeful the protections we adopt today are
sufficient, we will need to closely follow the impact on users of
wireless microphones, and devise solutions, considering all spectrum at
our disposal, so they can continue to use them with confidence they will
function as they have come to expect.

I am pleased that the Chairman and my colleagues have agreed to launch a
separate Notice of Inquiry (NOI) into the best use of the white space
spectrum for higher powered unlicensed operations in rural areas. In
order for the white spaces to achieve maximum utilization in rural
areas, rural wireless Internet service providers will need cheap,
available and reliable backhaul. We need to explore all ways of
achieving this. Variable power limits deserve our consideration as one
possible means. I would have preferred that these questions were raised
in a Notice of Proposed Rulemaking rather than an NOI, and that they
covered all spectrum, but getting this discussion underway is a positive
development.

Historians looking at American telecommunications policy may well view
today as a day that heralded change not only with the nationwide vote
that is taking place at the polls, but also the vote that takes place
here to open the white spaces for broadband deployment. Both portend
great progress for our future technological development. Just as I
enthusiastically voted at the polls earlier this morning, I vote again
enthusiastically for this item here today.