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Technology Stocks : Nextwave Telecom Inc.
WAVE 8.150-0.9%Nov 11 3:59 PM EST

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To: Maurice Winn who wrote (678)4/20/2002 12:17:07 PM
From: pcstel   of 1088
 
Hey Maurice: It appears that Nextwave is having a bit of a problem building out their Protection Build markets (probably lack of money). They have requested a "Buildout Extension Request" from the FCC, claiming that it is in the "Public Interest". LOL!! These guys really have NO SHAME!

From the buildout extension request.

"In addition, granting NextWave a waiver will serve the public interest because it fosters the continued expenditure of resources by NextWave and its vendors to use the spectrum in a manner that benefits consumers and enhances competition."

It continues:

"A. NextWave Is Entitled to a Waiver Pursuant to 47 C.F.R. § 1.925(b)(3) and 47 C.F.R. § 1.3
Under 47 C.F.R. § 1.925(b)(3), the Commission may grant a waiver request if it is shown that (1) the "underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest"; or (2) that "application of the rule(s) would be inequitable, unduly burdensome or
contrary to the public interest, or the applicant has no reasonable alternative" given the "unique or unusual factual circumstances of the instant ease." Alternatively, the Commission may waive its rules for "good cause." 47 C.F.R. § 1.3.

In the footnote, they use the FCC's grant of an "limited extension to Leap Wireless, due to 1XEV equpment not being available" as a basis for their granting their extension.

What a Crock! To even compare the "ethics" of Leap and Nextwave is a Crime unto itself!

In the document, they are also asking the commission to update the ULS to show that the buildout documentation that they have already provided be Granted, and inquire about the delay in Granting the Buildout milestone.

It states:
"NextWave Personal Communications Inc. and NextWave Power Partners Inc. (collectively, "NextWave" or "the Company") have timely filed with the Commission appropriate notifications of compliance with the Company's initial construction requirement for
67 of the 95 total markets in which it is licensed to provide Broadband PCS service. The Commission's Universal Licensing System ("ULS"), however, does not yet reflect the Company's satisfaction of its initial construction requirements on these licenses. Moreover, the ULS entries regarding NextWave's licenses contain erroneous statements of the deadlines for NextWave's initial construction requirements. To address issues presented by the errors in the ULS and to preserve NextWave's rights with respect to the licenses, NextWave respectfully files
the instant petition. The petition contains three requests for relief. First, NextWave requests that the Commission update its Universal Licensing System records to confirm that NextWave has satisfied its first Broadband PCS construction requirement with regard to the licenses for which the fully supported build out demonstrations have already been filed.

This is the best part!

"The Commission often acts on build out demonstrations within weeks of their filing , but none of NextWave's filings have been acted on to date, even though nearly all of them were filed several months ago. Although the Company has informally inquired of Commission staff about the status of the demonstrations, no one at the Commission has suggested to NextWave or its counsel that the filings are in any way inadequate. If the filings were somehow inadequate, the Commission's silence would be troubling, not only because it would prevent (and has prevented) NextWave from correcting any problems, but also because it also would affect NextWave's bility to meet its upcoming construction deadlines for the remainder of its licenses when the Company is on track to comply in full with all of the Commission's construction requirements for those licenses.

LOL!! Well, maybe the Commission has decided to take a look see' under the hood to see just how much "services are being provided to the public" with those "serves with a signal sufficient to provide adequate service" protection builds are actually provideing.

"Taken together, NextWave's filings demonstrate that the Company "serve[s] with a signal level sufficient to provide adequate service" within the relevant licensed areas, in accordance with the Commission's build out
regulation. 47 C.F.R. § 24.203(a)."

Hey, Like I said before. You can't expect to beat City Hall, without the City constructing a 24 hour a day Concrete Mixing Facility in the street outside your bedroom for a 6 year Sewer Expansion Project!!

LOL!!

PCSTEL
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