Art:
Several things you either ignore or are not aware of.
1. Nextwave never intended to be a sprectrum broker. It planned to build out its network to the limit.
2. Nextwave bid top dollar for all of its successful bids. True, sprectrum went cheaper back then than it does now. But Nextwave OUTBID all other bidders. That's why it got the spectrum.
3. Nextwave played by the rules laid down by the FCC. The FCC permitted successful bidders to pay for their wins over time. In the meantime, the bottom fell out to the extent that many successful bidders opted out of their agreements. Nextwave paid as its payments came due as long as it could but ran out of money and of potential partners. To save its positions it declared bankruptcy and sought to reorganize. Meanwhile, under Kinnard's nefarious plotting, the FCC pulled the rug out from under Nextwave even while Nextwave was attempting to arrange for payments. Nextwave actually agreed to increase its successful bid on one occasion only to discover that the FCC would not talk to them. But Kennard was talking to others, Nextel for instance, and tried to arrange a backdoor deal with Nextel for somewhere in the vicinity of 6 billion for Nextwave's spectrum only to be foiled when others, (Verizon, ATT, et.al) wanted in on the spoils and threatened lawsuits if not permitted to bid. Hence, the FCC decided to reauction Nextwave's spectrum despite Nextwave's attempts to pay for it through financing that it had arranged through others (Global Crossing being one of them).
After the above shenanigans were instituted, Nextwave went to court and sued the FCC for illegally repossessing its spectrum.
You know the results. Friday's court decision came down in Nextwave's favor.
So, Art, in what way has the government/taxpayers suffered?
"The federal government is the largest of the receivers" you say. And yet it is the federal government through Kennard's FCC that refused to accept Nextwave's payments to include interest.
You theorize regarding the possible nullification of the reauction of the spectrum initially sold to Nextwave.
Art, don't you think that the court's decision in effect nullifies that reauction? After all, the court decided that the FCC's seizure of Nextwave's spectrum was illegal. Doesn't this effectively mean that any action flowing from that illegal action is also illegal? And when the court restored Nextwave's previous status, didn't that have the effect of washing out the results of the reauction?
Kennard attempted to nullify the sale of the spectrum to Nextwave. Kennard attempted a sweetheart deal with Nextel. He then reauctioned the sprectrum, illegally, and was brought to court as a result.
What, pray tell me, is the federal government's case against Nextwave? Nextwave won in court. Its position as the aggrieved party is established. Its victory in the lawsuit restores the status quo.
What, pray tell me, causes you to think that those who successfully bid in the illegal reauction have any kind of legitimate claim against Nextwave? Their grief is caused by Kennard and the FCC. Let them sue Kennard and the federal government if they think they have a case. Kennard's grief is that he was brought to heel by the legal processes open to every citizen in the country. And he continues to bellow his usual trash about Nextwave taking advantage of the poor taxpayer and delaying the rollout of necessary HDR wireless services. Baloney! Double Baloney!!
Who represents the taxpayer in this mess? you ask. I'll tell you who. It is the lady who holds the balance in that famous symbol of justice, you know, the one who holds the balance of justice in her hands tilted not to the right or to the left but waiting for the evidence to be placed in the cruicible of truth to prove what it must.
If Kennard, the FCC, and the federal government EVER succeed in successfully ignoring those laws and systems of justice available to each and every one of us regardless of our station in life, then all will be lost. No one will speak for the taxpayer unless he is loaded with cash and influence enabling him to deal behind the scenes with the likes of Kennard, Nextel, ATT, Verizon, etc. who seek to assert their wills REGARDLESS of the fair and equitable provision of the law, whose slogan continues to be 'Every man for himself said the elephant as he danced among the chickens'.
You say that the FCC created the problem. I think that Kennard led the FCC to create the problem so that he could solve it to his own enrichment and betterment. He is now one of the high muckity-mucks at Nextel. Imagine!!!
And I think it is the court that has solved the problem by asserting the normative procedures established in law and enshrined in the principles of liberty and justice for all.
Who speaks for the taxpayer, the lowly citizen, who populate this republic? In this instance, the court speaks for the taxpayer by forcing the FCC to recognize and acknowledge who is actually the aggrieved party.
Maybe when you educate yourself with respect to the full facts of the matter you will come to a better conclusion. |
