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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 176.00+0.4%Dec 9 3:59 PM EST
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To: JohnG who wrote (37009)7/23/1999 2:29:00 PM
From: JGoren  Read Replies (2) of 152472
 
Ericy; FCC/Q appellate opinion:

Well, at least they learned MOT's lesson and have decided to move as quickly as possible. Ericy has too many problems to add chip development.

BTW, I read half the opinion of the DC Circuit; the appellate opinion looks good as gold to me. As an appellate lawyer, it is clear to me the FCC failed to follow the appellate court's mandate from the first appeal. The "remand for futher proceedings to remedy this inconsistency" was a limited remand and not what's called a general remand by which the proceeding basically starts over--which is what the FCC tried to do. This time the court's last sentence says:

"Accordingly, we grant QUALCOMM's petition and remand to the FCC 'forthwith' to grant a pioneer's preference to QUALCOMM and to take prompt action to identify a suitable spectrum and award QUALCOMM the license for it."

Note, the quotation marks around the word "forthwith" are in the original. Now the question is whether the FCC will still try to mess around by granting spectrum that is not suitable. What suitable is may require clarification and I would urge Qualcomm counsel to consider making a Motion for Clarification as to what suitable means if it is not clear in the law.
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