While supremely important for its ultimate holding, the case contains many positive and useful determinations for unlicensed generally. It also contains two outstanding concurring statementsfrom the Democratic Commissioners. You can see Copps’ concurence here, and Adelstein’s here.
That’s also very good news. Almost a year ago, I worried that, with the departure of Michael Powell and Ed Thomas from the FCC, and the departure of Michael Gallagher from NTIA no one would champion the cause of unlicensed spectrum. But as Copps and Adelstein have shown, both in this decision and in their actions in last month’s item on the broadcast white spaces, Copps and Adelstein ‘get it’ on unlicensed spectrum and why it is so important.
Further analysis below . . .