**DISSENTING STATEMENT OF\
COMMISSIONER KEVIN J . MARTIN**

*Re: Auction of Licenses in the 747-762 and 777-792 MHz Bands (Auction
No. 31), Auction of Licenses in the 698-746 MHz Band (Auction No. 44)*,
Order, WT Docket No. 99-168, GN Docket No. 01-74

I respectfully dissent from the Commission's decision not to grant
CTIA's petition to delay the auctions for the entire 700 MHz band. I
believe the public interest would best be served by delaying the 700 MHz
auctions to allow the Commission time to develop a more comprehensive
approach to these spectrum issues.

The Commission has previously concluded that it has the authority to
delay the 700 MHz auctions, so long as a delay would further our
"statutory mandate to design our auction rules and procedures so as to
manage the radio spectrum effectively and efficiently in the public
interest." *Cellular Telecommunications Industry Ass'n et al's Request
for Delay of the Auctions in the 747-762 and 777-792 MHz Bands Scheduled
for September 6, 2000 (Auction No. 31)*, Memorandum Opinion, 15 FCC Rcd
17,406 ¶ 6 (2000) (Commission deciding to delay the auction for the
upper 700 MHz band). Today's Order does not alter this conclusion, and,
in a companion item released today, the Commission once again postpones
the upper 700 MHz auction, this time for another seven months.

I believe the public interest would best be served by delaying the 700
MHz auctions indefinitely. The Commission is currently involved in a
number of other proceedings involving complex spectrum management
issues, such as our proceeding to identify additional spectrum for
advanced wireless services and our proceeding to improve public safety
communications in the 800 MHz band. In my opinion, we should consider
these issues in a more comprehensive manner before proceeding with the
700 MHz auctions. A delay would also allow the Commission to shed light
on the considerable uncertainty concerning when the spectrum in this
band will actually become available to public safety and commercial
users. The pathway to the transition to digital television -- which
would allow the spectrum in the 700 MHz band to become available -- is
unclear at best. While the Commission has allowed voluntary mechanisms
for relocating incumbent broadcasters, we do not know whether and when
such measures will bear fruit. And there remain outstanding issues here
at the Commission, such as the pending short-spacing applications by
some stations in the upper 700 MHz band, that will impact the
transition. Members of Congress, the administration, and the public
safety community have called for a delay of the 700 MHz auction for many
of these same reasons.

I support the Commission's decision, in the companion item, to postpone
the upper 700 MHz band auction but would have preferred to delay
auctions for the entire 700 MHz band. I agree with one of the
Commission's goals in that item -- "to provide additional time for
Congress to consider legislation" addressing these spectrum issues. I am
troubled, however, by the implication that we are placing a deadline by
which Congress must act. As I indicated above, the Commission has
already determined that it has the authority to delay this auction.
Particularly in such circumstances, the Commission should not impose
artificial deadlines on congressional action. I thus would have
preferred merely to announce that the auctions would be delayed at this
time. Accordingly, in light of all of these considerations, I disagree
with the Commission's decision to deny CTIA's petition requesting a
delay.