The six conditions are listed below. FCC rejected the claims of petitioners. I think LWIN is home free provided QCOM agrees. QCOM has to give up some of their rights as a priveleged supplier but I dont think it is going to hurt them competitively in bidding for supply contracts to LWIN.
Conditions (verbatim from FCC document):
First, prior to consummation of the transaction withAirGate, Leap must eliminate the restriction in Section 5.2 of the Separation and Distribution Agreementthat requires Leap's U.S. operations to use only cdmaOne technology and to refrain from supporting GSM,TDMA or any other digital technologies in competition with cdmaOne.
Second, prior to consummation ofthe transaction with AirGate, Leap must eliminate the restriction in section 5.1 of the Separation andDistribution Agreement that requires Leap's U.S. operations to invest in companies that use only cdmaOnetechnology and agree to procure infrastructure and subscriber equipment from QUALCOMM inaccordance with the Procurement Agreement.
Third, Leap must amend the Procurement Agreement toeliminate QUALCOMM's right to review bids submitted by other equipment vendors prior to submitting itsown bid to Leap.
Fourth, for the duration of the designated entity holding period, Leap is required toensure that individuals who are now, or were previously, officers or directors of QUALCOMM do notcomprise a majority of Leap's Board of Directors or a majority of Leap's officers.
Fifth, within 180 daysof the release of this Order, the QUALCOMM/Ericsson settlement must be consummated on substantiallythe same terms as Leap has represented in the Thornley Declaration.
Finally, within 18 months of therelease of this Order, Leap must take steps so that QUALCOMM, or any QUALCOMM affiliate, holds nomore than 50 percent of Leap's outstanding debt obligations.
|
