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To: quidditch who wrote (6177)2/3/2000 1:20:00 PM
From: Sawtooth  Read Replies (1) | Respond to of 13582
 
<<If you'd like, I can PM, or if the thread deems this kind of discussion as "threadworthy", we can open it up.>>

Steve: I welcome any discussion/perspectives re:NextWave as it relates to Qcom. Thanks.

........VVVVVVVVVV



To: quidditch who wrote (6177)2/4/2000 12:37:00 AM
From: JGoren  Respond to of 13582
 
I previously published my opinions as to how it all works out on the NextWave thread. I haven't read the 2nd Circuit decision as recently as you, but I believe the bankruptcy court was correct and the FCC will lose its appeal if it is dumb enought to bring one. The 2nd Circuit opinion was not terribly well written and stated some things too broadly; however, it refused to either stay or issue a writ of prohibition against the bankruptcy court--which indicates the circuit court does not read its own opinion as broadly as the FCC would like to. Even if the FCC had the power to revoke, it still did not do so in accordance with due process, because it had no rules or regulations that gave it authority to "automatically" revoke; nor did it give prior notice. An agency cannot willy nilly do what it wants to without complying with due process and the Administrative Procedures Act. The FCC is not a law into its own--regardless of its broad regulatory and quasi-judicial powers.