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Technology Stocks : The New Qualcomm - a S&P500 company -- Ignore unavailable to you. Want to Upgrade?

To: JGoren who wrote (2424)	10/16/1999 11:39:00 AM
From: gdichaz	Respond to of 13582

JGoren:: Much appreciate the quick and complete response. Hey, we are fortunate that among your other talents and skills you are JGoren, Esq.. Hope that your bottom line works out - just a question of price. Note that is Caxton's view also. Now if only NextWave has and uses a Q license for its data roll out. Thanks. Chaz

To: JGoren who wrote (2424)	10/17/1999 10:40:00 AM
From: wonk	Respond to of 13582

JGoren: I just took the time to go back and read the text of the bankruptcy judge's decision on fraudulent transfer and the decision on remedy. Thanks for posting them. To be honest, reading the decisions pushed a lot of my hot buttons so I don't think I wish to get into the meat of rulings. However, your comment here was dead on. ...As best I understand it, the only killer issue is the FCC's argument that the bankruptcy judge had no power to tell it what to do, to prevent it lifting the license, and cutting the price... Ultimately this is true. The question of debt reduction is separate and distinct from licensee qualifications. The BK judge has no authority to regulate the latter. The fact that the Commission has not used its "Death Penalty" power in the whole C Block fiasco is a source of continuing amazement. The Commission, and only the Commission, is the arbiter of who is qualified to be a licensee. It can revoke that determination. I know of no one - no one - who believes that FCC could not revoke Nextwave's licenses under its power to regulate in the public interest, convenience and necessity. I know of no one who believes such a decision would not be upheld by the Federal Courts (as distinguished from the Bankruptcy Court). The Commission has used its revocation power so little nowadays it less than even a vague threat - more like "mythical." That is, in part, why the FCC gets rolled. ww p.s. I guess my feelings are clear on the matter. <g>