The buildout was tolled due to the settlement negotiations, not judicial review.
I don't follow? So on Jan. 03 2002. All of Nextwave's C Block licenses would violate their buildout convenants! But, the FCC granted Nextwave a "secret handshake" agreement to toll the Buildout Requirements in lieu of of a settlement? Is that about it.. Heaven, If Nextwave had been planning this buildout for such a long time, since it was not an "11th hour" sudden rush. Then why did Nextwave require that the FCC toll the buildouts to begin with? After all, according to you.. the buildout was already proceeding at light speed with all of those tower companies, Power Companies, Civil/Construction Engineers, so why did they need the buildout requirements tolled in lieu of a negotiated settlement? Maybe it's just me! But, that does not sound right!! The Nextwave licenses indicate in public form that there exists no such tolling! LWIN licenses that were approved a buildout extension were granted an Amendment, and said application is available for public review on the FCC's ULS web site! The process is all very clear for all to see! If you claim there is some "secret handshake" between the FCC and Nextwave, then so be it! The public information shows that the information that I supplied.. "With supporting documentation to the FCC's web site indicates that my data does indeed have veracity!
As far as your recent comment about "sudden rush" of protection builds, that is false as well.
I consider any company that spends less than 200 million dollars to build out 160 million licensed POP's in less than 7 months a "sudden rush".
Unless you really know what you are talking about you shouldn't theorize,
Actually, I can theorize all I want. I understand what it takes to build out a market to "operational level". Lots of Local Regulatory approvals to acquire to install all that stuff the that those Tower Companies, Civil/Construction Engineers need to erect. Those proceedings are usually public record. I have been following Detroit, since that was supposed to be the "Voice and Data launch market".. Detroit's City Council has had ZERO applications from Nextwave! In addition. ZERO CO codes have been applied for in the either the Detroit or Madison BTA's. Detroit's buildout documents show Nextwave squeaking by on 1990 Census data.. Hardly, built to full launch status! So yes, I consider a slew of protection builds in seven months "11th Hour".
tell me what Leap has planned for say Birmingham, AL and other areas of the country?
Well Birmingham, AL buildout deadline is not until June 30, 2004. And yes, Many of the D,E,F Block spectrum purchased from CTL and others that have buildout's due in April of this year will be simple protection builds!
Don't get me wrong. I have nothing against Protection Builds. It's part of the game. But, at least LWIN does not publish Press Releases claiming that Industry Observers are shocked that LWIN has "activated" it's wireless networks in the Protection Builds! At least LWIN and almost everyone else tells everyone that they are Protection Builds.. Not.. "Hey, Look over here! We did what everyone said we could not do! We are "activating our Wireless networks in 60 markets!!! User trials about to start!! Comical!!
But, that is par for the course for Nextwave.. The ole' Propaganda machine can really pump out the spin. And the Qualcomm CDMAites just love the story!! Hey, they really did it.. They build their network!! WOW!!! You swing the CDMA pendulum and they all line up for a re-fill.
So if you find my "debunking" of Nextwave's propaganda machine as "negative speak".. Then you are so entitled!
Oh, and as far as your question about why NW would file all of these minimum build notices? Well, hmmmm, let's think that one through, is it perhaps because they cannot trust the FCC?
Again,I don't follow.. You just said the Buildout deadlines were tolled as part of the negotiated agreement? Now you are saying that Nextwave does not trust the FCC???? And must file the Buildout Notifications because of this mistrust.. Believe me, if there was a reason for one party not trusting the other. That mistrust should be on the FCC's side!
Oh, yes that is it! Right, the FCC, the same group that sat on the stand under oath in the FEDERAL BK Court in NY telling the BK judge that payment was not mandatory while the automatic stay was in force (court recorded). Oh, Oh then they did what? Oh, that's right they illegally took the licenses for "non-payment" after assuring the FEDERAL JUDGE that payment was not mandatory while protected by the Automatic Stay. Hmmmm, trust 'em or not? NOT!
From Nextwave Auction 5 Form 175. Submitted Nov 6 1995 11:30AM
"(vi) Certification re Foreign Ownership. See Certification (1) on Form 175, which is
incorporated herein by reference. As of May 2, 1996, total indirect foreign ownership of the
Applicant is 0.40% of the capital stock, by two non-U.S. citizens, Szu-Wei Wang and Alan
Pate, who are not officers or directors of the Applicant. All officers and directors of the
Applicant are U.S. citizens. As described below, certain investors with foreign ownership
interests and NextWave Telecom Inc. ("NTI"), the parent corporation that owns all of the
stock of the Applicant, have entered subscription agreements for common stock or common
stock and warrants to purchase common stock of NTI, with various option provisions and/or
loan agreements with equity conversion provisions. Such investors do not own of record or
vote the capital stock of NTI at this time, and shares of such stock have not been issued
pursuant to those agreements. NTI's corporate documents, including its amended Restated
Certificate of Incorporation and agreements with investors, contain provisions to ensure that
foreign ownership in NTI does not exceed 25% of its capital stock."
At the end of thier Form 175 it stated.
" CERTIFICATION OF NEXTWAVE PERSONAL COMMUNICATIONS INC.
I, Janice Obuchowski, certify, pursuant to FCC Rule 1.2105(a)(2)(ii), (vii)-(viii)
and the "Certification" item of FCC Form 175 and other applicable rules, under penalties of
perjury that:
1. I am the Executive Vice President of NextWave Personal Communications Inc. (hereinafter the "Applicant") and I am therefore a responsible officer or director of the Applicant pursuant to FCC Rule 1.2105(a)(2)(ii) and the "Certification" item of FCC Form 175. My business address is 1100 New York Avenue, N.W., Suite 650 East, Washington, D.C. 20005.
2. The information provided in Exhibit A, attached, is the information required pursuant to Sections 1.2105(a)(2) and 24.813(a) of the FCC's Rules regarding Applicant identity and ownership.
I declare, under penalties of perjury, this 2nd day of May, 1996, that I am an authorized representative of the Applicant and that the foregoing certification and all matters and things stated in it are true and correct."
On their FCC Form 601's filed on May 22, 1996 Nextwave indicated the following.
43) Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? NO
44) Is the applicant directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? NO
General Certification Statements
3) The applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith.
At the bottom of Form 601 it says:
WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, § 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, § 503).
Hmmmm, trust 'em or not?
Oh, and by the way, the buildout dates are still under tolling! Call the FCC.....they will give you the specifics!
Great!!! Still under tolling!! But the Buildout notices keep flying!! Something doesn't add up with this synopsis!
I'll stick to the information that is supplied on the FCC's website, since I wasn't around for the secret handshake ceremony!
Best Regards,
PCSTELwhoprovidessupportingdocumentationanddoesnotaskthereadertosimplytakemywordforit! |
