SUMMARY

NAF, et al. begin by observing that the many descriptions of functioning ITFS services demonstrate the importance of maintaining the ITFS eligibility requirements and the value of non-commercial spectrum set-asides generally. This use of public spectrum to further valuable social goals and provide services where commercial actors could not or would not demonstrates the fundamental fallacy of regulating spectrum purely in the interest of maximizing revenue and economic efficiency. The Commission exists to secure "to all the people of the United States" the benefits of wireless communication. 47 USC 151. ITFS licensees that diligently fulfill their responsibilities to provide educational service provide some of the best examples of spectrum use "in the public interest."

At the same time, however, the Commission cannot close its eyes to the misuses of the spectrum or allow the full potential of the spectrum to lie fallow. While ITFS licensees providing valuable service have legitimate concerns regarding their existing services, these concerns cannot justify holding back the next generation of technology that will enhance both educational and commercial uses of the spectrum. Indeed, as the comments of NAF, et al. demonstrated, many community organizations and educational organizations make use of existing unlicensed access technologies to provide noncommercial service that benefits their local communities. While the legitimate expectations of existing licensees providing actual ITFS service should be protected to the greatest extent possible, the Commission must also fulfill its obligation to "generally encourage the larger and more effective use of radio." 47 USC 303(g).

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