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To: JohnG who wrote (2375)	10/15/1999 12:02:00 PM
From: engineer	Read Replies (1) \| Respond to of 13582

Nextwave HAS the frequencies and it is up to the FCC to TAKE them away from them. They can start service at any time they want. All that is up in the air right now, as far as if they can operate is how and when they pay them. As a major fallback, IF they sent them all $4B they originally owed, then the FCC would be powerless to do anything. It will be interesting to see how the FCC defends the violation of the separation of Judicial and government branches in the future. BTW - Has anyone heard any mention of how the FCC will make up the pioneer license that they OWE QCOM yet?

To: JohnG who wrote (2375)	10/15/1999 12:30:00 PM
From: gdichaz	Read Replies (2) \| Respond to of 13582

JohnG: Caxton has followed the NextWave case closely so far, so he is probably in the best position to bring us all up to date. Hope he will. In the meantime, my understanding is that the monkeywrench thrown into the works by the FCC is still in place - the trial on the FCC's appeal is scheduled to take place on Nov 1 as I understand it. Assume all of this is to show the appeals court that NextWave is ready to roll and that only the FCC appeal stands in the way of the bankruptcy court acting and the roll out of NextWave's service. FCC looks more like a dog in the manger on this every day. Hope that point is recognized by the appeals court. This is not a good example of government regulation at its finest - to say the least. Chaz