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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting -- Ignore unavailable to you. Want to Upgrade?

To: Eric L who wrote (12014)	6/25/2001 1:57:12 AM
From: JGoren	Read Replies (1) \| Respond to of 196862

I really don't think Supreme Court will take the case. If it did, then it might signal reversal. Second, the greatest predictor as to when the Supreme Court takes cases is when there is a disagreement among the circuits on an issue. As far as I am aware, there is no disagreement on the legal issue involved. And, the issues at the Second Circuit were different. For all the BS from folks wanting to use the spectrum immediately (nothing indicates that other carriers would build out faster than nw), the fastest way to end it is for the Supreme Court to refuse review. If the rule were that agencies can violated Congressional enactments in the furtherance of their own regulatory statutes, there would be chaos in the nation and regulatory agencies would run amok.

To: Eric L who wrote (12014)	6/25/2001 7:43:02 AM
From: samim anbarcioglu	Read Replies (1) \| Respond to of 196862

Eric L, >>As I stated, however, I am hopeful the Supreme Court hears the case. Why should it? It did not accept it when NW appealed to them. It is a simple case of wrongful grabbing. Laws are very clear on this sort of thing and an appeals court has ruled unanimously. Supreme court steps in when shades of gray needs to be distinguished and interpreted.

To: Eric L who wrote (12014)	6/25/2001 10:14:53 AM
From: carranza2	Respond to of 196862

Wanna bet? A lowly Kansas Bankruptcy Court wrote a better opinion than the mighty Second Circuit. The DC Circuit seems to think it is a no-brainer, too. And it is simple. If the Supremes take the case, which I think is unlikely because of legal and political considerations (present Administration is unlikely to be interested), it will be to chastise the FCC for doing something it had absolutely no right to do. The rules are fairly easy to discern. As I think are the politics. NextWave stock is a bargain.

To: Eric L who wrote (12014)	6/25/2001 11:16:16 PM
From: mightylakers	Read Replies (3) \| Respond to of 196862

Eric, here is a Qcom tone down version claims. <vbg> Economics of Wireless Data Road Show June 2001 qualcomm.com

To: Eric L who wrote (12014)	6/29/2001 6:01:24 PM
From: carranza2	Read Replies (1) \| Respond to of 196862

As I stated, however, I am hopeful the Supreme Court hears the case. There seems to be a possibilitty it might. I suppose anything is possible. Likely? Not very. The Supreme Court has refused to review a case similar to NextWave's emanating from the Fifth Circuit. The NextWave case does, in all fairness, have some esoteric jurisdictional issues that could potentially pique the High Court's interest, but I seriously doubt it. The bankruptcy law issues certainly don't. >> High Court Refuses GWI Case on Wireless Licenses dailynews.yahoo.com WASHINGTON (Reuters) - A wireless operator on Friday will be able to keep 14 wireless licenses it won at auction after the U.S. Supreme Court (news - web sites) refused to review a lower court ruling that allowed the company to keep the licenses and pay a fraction of the bid amount. General Wireless Inc. won 14 licenses after bidding $1.06 billion in a 1996 Federal Communications Commission (news - web sites) auction, but had trouble raising the necessary funds and sought protection under bankruptcy rules and a reduction in payments. A bankruptcy court agreed to cut payments for the licenses to $166 million, a decision upheld by the U.S. Court of Appeals in New Orleans despite the protests of the FCC (news - web sites) which sought the review by the high court. The FCC had argued its rules require that wireless licenses are only issued upon full and timely payment by the bidder and the courts had overridden the agency's authority. GWI countered that the FCC acted as a creditor and therefore is not immune from bankruptcy laws that govern such situations. The decision is a second blow to the agency in a week as the FCC Friday lost an appeal in which the FCC tried to cancel licenses won by NextWave Telecom Inc. because of that company failed to make timely payments.