New America Foundation (NAF), Champaign Urbana Wireless Network (CUWN), and Free Press (FP) (collectively NAF, et al.) do not dispute either the importance of maintaining the safety of the nuclear power industry to our national critical infrastructure or the usefulness of the proposed devices to the nuclear industry. Were these the only factors to consider, NAF, et al. would wholeheartedly support the above captioned request for waiver. However, the Nuclear Energy Institute and United Telecom Council (collectively NEI) have failed to show why the Commission should grant a waiver for the benefit of one industry, when completion of the pending proceeding in ET Docket No. 04-186 would better serve the public interest. Many other industries that provide services necessary for public safety and maintenance of the nation's critical infrastructure would benefit from access to UHF TV spectrum.

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