WPC 2BVTZ 3|)?xxx,UXx6X@DQX@HP LaserJet 4/4MCL), Room 802HPLAS4.WRSSx  @,,,:QX@2@LP Z 3|Courier New (TT)CG Times (W1) (Bold)CG Times (WN)CG Times (W1) (Italic)HP LaserJet 4/4MCL), Room 802HPLAS4.WRSSx  @,,,:QX@2h^2X@ @( "H^^DNkttNNNtNNNNttttttttttNNtZpNNNttttggRtANAtgZNtttgtttNtt'ttt`tttttttgggggZAZAZAZAtttttttttttttgtttttttttttttZtA`tggZZNtNttNtccttttttRtttRNNt<<ttNNRtN:t@tccCzsffzDNkttNNNtNNNNttttttttttNNtZpNNNttttggRtANAtgZNtttgtttNtttt<NNtttZ<DNtttttttttcNtttRRttNtRtctZZZZttttttgggggAAAAtttttttt?xxx,UXx6X@DQX@j JHeND,e  p7sQ K8C;,'O@X PjQXP, AQC;,5vXQo=  x7.QXX"5@^;C\ccCCCcCCCCccccccccccCCDZY}}vCM}rk}CCCcccYcYcYCcc77c7ccccJM7ccccYYcYc;;!cccRcccYYYYYY}Y}Y}Y}YC7C7C7C7ccccccccc;cYcccccrccccYYc}c}c}cccccccccccccMc}7}Rccc;;JRkM;;N;ccCYQQcc;cccFcccFCC;;;;;;;;;;;;;CFtCnnyy2co6cQQnCzohbnonvyXzXshn~|yxxxxxxxxxxxxxxxxxxx;C\ccCCCcCCCCccccccccccCCDZY}}vCM}rk}CCCcccYcYcYCcc77c7ccccJM7ccccYYcYc;;;;;;;;;;;;;;;;;CC;;;;;;;;;;;;;;CcccccccccQCcccFFcoc\cFcQY}}}}CCCCrcYYYYYYYYYYY7777cccccccccccccc"5@^;C`ccCCCcCCCCccccccccccCCDZczzzrCYozzcozzooCCCcccccYcY7cc77Y7ccccMM7cYYYMYcYDZCcc!cccRccczczczczczcYzYzYzYzYC7C7C7C7cccccccccoYzccccoYczczczczcYcczczczcccccccccccccCccYo7oRccczMzRcMcMNcCccCc\\ccccccFcccFCCccc77cczCcCFtCnnyy2co6c\\nCzohbnonvyXzXshn~|yxxxxxxxxxxxxxxxxxxx;C`ccCCCcCCCCccccccccccCCDZczzzrCYozzcozzooCCCcccccYcY7cc77Y7ccccMM7cYYYMYcYxxCcccccc7xxxxCCccccczM7xxo;Cccccccccc\CcccFFcocCcFc\czzzzzzzzzzCCCCozcccccccYYYYY7777ccccccccccccYc2  i<&#e  p7sQ#Separate Statement dof Commissioner James H. Quello  ?<#Xx6X@DQUX@#  Y-#X PjQO@XP#XX` ` X XXhh,XVXXppXX  (#   b-#XQo=  x7.QvXX#Re: Amendment of the Commission's Rules Regarding Installment Payment Financing for  b-C Block Personal Communications Service (PCS) Licensees#X PjQO@XP#, WT Docket No. 9782.   I support the multioption approach that we adopt in this Second Report and Order and   Further Notice of Proposed Rule Making. We provide some limited relief for those CBlock    licensees that find themselves in financial distress. My goal throughout this lengthy and complex   Kprocess has been to protect the integrity of our rules, including the auction processes, while providing some "breathing room" for those licensees that were in a cash flow crunch.  b-  I originally proposed a much simpler plan, #XQo=  x7.QvXX#i.e.#X PjQO@XP#, to delay repayments for a period of time.   That approach gathered no support here at the Federal Communications Commission, anyway.   The Congressional leadership supported my position. I favored a plan that would have allowed   our licensees to seek additional financing in the private markets by suspending the installment   payments of principle and interest for some period of time. I believed that this is within our existing discretion, would be minimally intrusive, and comply with Congressional intent.  jThe Congressional leadership of both the House and Senate contacted the FCC to express   hits collective opinion that we treat our licensees equitably by considering a variety of plans but   also reminded this Commission of the importance of protecting the integrity of the auction process. I shared these Congressional concerns.  .I am acutely aware of the benefits in efficiency that licensing by auctions has brought to   our processes. I was serving as Chairman when Congress decided to entrust the FCC with   auctioning authority. The responsibility to translate this authority into practice by writing the   iauction rules was handled capably by the FCC under the subsequent leadership of Chairman Hundt.  zI fervently believe that all parties applicants, auction winners and losers, licensees   and this Commission should always "play by the existing rules". This is particularly true in   jthe context of auctions where the applicants themselves make the business judgments that   <determine success or failure. It could be considered the epitome of bureaucratic irrespon  sibility to change the rules after the fact. This would subject the rewritten rules to challenge in   : the courts. Nevertheless, our rules should be and are flexible enough to accommodate unforeseen circumstances. "(0*0*0**"  zFor these reasons, I worked with the other Commissioners in reviewing many detailed   and diverse plans over the course of many weeks to determine how to structure a plan for those   licensees in financial distress. I entered into this process with the caveat of doing so only if we   could formulate a plan within our existing rules. I did not favor rewriting our general rules to   benefit any particular class of licensees. Additionally, I did not favor having the government re  structure our licensees' debt involuntarily. Anything that we did had to apply generally to all   similarly situated licensees and to take into account the disappointed bidders who were not successful in the CBlock auction.  Accordingly, I could not support a mandatory reauction. I am reminded that this   ,Commission resisted the pressure to intervene during the conduct of the CBlock auction when   some critics opined that the bids were "too high" or "out of line". I believed that the Chairman   Kspoke for us all when he stated that the Commission would not interfere with private sector   Jdecision making regarding monetary value of spectrum licenses and that all parties were aware   of and would be held to the full measure of our rules. Furthermore, the overwhelming majority   Y(over one hundred entities out of the approximately one hundred thirtyfour licensees) asked us to simply enforce the existing rules.  Because this Commission acts by majority vote of the Commissioners, I have worked with   my fellow Commissioners to craft a balanced and fair plan that provides options. I stress that   these are options; they are not mandatory. If any one of the four of us would have had our own   : way, this item would be radically different. The wisdom of the administrative process, however, is that we must arrive at a joint decision. That we have done.  MIs the multioption plan "perfect"? No, but it is fair and balanced. We cannot let our   desire for the perfect be the enemy of the good. Will these options ensure success by any   licensee? No, but that is not our role. Our mission is to provide the opportunity for competitors   to serve the communications needs of the American public. Therefore, I can and do support this   multioption plan for installment payment financing for CBlock PCS licensees and concur in the separate statements of Commissioners Chong and Ness.