SEPARATE STATEMENT OF COMMISSIONER KATHLEEN ABERNATHY

In re: The 4.9 GHz Band Transferred from Federal Government Use, Second Report 
and Order and Further Notice of Proposed Rulemaking (WT Docket No. 00-
32)(adopted February 14, 2002).

Today's Order begins to deliver on the Commission's new homeland security policy 
priorities.  While public safety issues have always been important to the Commission, there is no 
doubt that this fall's events created a new sense of urgency.  The allocation of the 4.9 GHz band, 
its designation for public safety, and the initiation of a service rules proceeding, signal this 
Commission's commitment to public safety and homeland security.  Our long-anticipated 
decision has three important components: a national flexible allocation, broadband capability, 
and possible international harmonization.   For these reasons, I have previously indicated my 
support for the policy approach taken today and I reaffirm that support today.

National Flexible Allocation: The public safety community has long suffered under a 
fragmented spectrum allocation and service rule regime that limits the ability of various public 
safety entities to provide a diverse range of services across national spectrum bands.  Today's 50 
MHz allocation will lend itself to operations across traditional state and local boundaries and 
speed response times at emergency sites.  I look forward to developing service rules that, like our 
approach at 700 MHz, emphasize the ability of emergency response service providers to 
communicate in a variety of ways and inter-operate across jurisdictions.  

Broadband Capability:  For too long, the public safety community has not had the 
spectrum capacity to deploy dedicated wireless broadband facilities.  The spectrum 
characteristics and bandwidth at 4.9 GHz will allow the public safety community to utilize the 
latest technological tools - through real time video displays, Internet access, and other 
capabilities - in respond to emergency situations.  

International Considerations:  As we prepare for the 2003 World Radiocommunication 
Conference in Caracas, the U.S. is examining the value of a possible global allocation for public 
protection use.  WRC Agenda Item 1.3 is actually the topic of an ITU Working Group meeting in 
Rome as we speak.  Going forward, it is important that any international allocation decision 
grant respective administrations significant flexibility, while also identifying multiple possible 
bands for such use.  In this regard, the United States must be vigilant that the international 
decisions reached include bands identified domestically - such as the 4.9 GHz and 700 MHz 
bands.  Global harmonization creates significant advantages in the scale and scope of 
manufacturing for public safety uses - particularly vital because, by definition, this is a fairly 
discrete market for manufacturers.  In addition to the commercial advantages, harmonization 
may also allow for possible interoperability in anticipation of security threats with an 
international scope.

	Today is a good day for public safety - and the Commission staff should take 
considerable pride in our decision that helps public safety to complete their vital mission for the 
American people.