To: Art Bechhoefer who wrote (12135 ) 6/27/2001 10:50:42 AM From: Andrew N. Cothran Read Replies (1) | Respond to of 196845 Where is the FCC going to find the money (to repay any funds it received from the illegal reauction)? It will find it exactly where it deposited it. Art, if the FCC received funds from those who successfully bid in the reauction, isn't it fair to assume that the FCC prudently deposited that money against the possibility that it would have to be refunded if the reauction was nullified by the courts? And isn't that exactly what has happened. The reauction was held on the premise that, if Nextwave was successful in the courts, the reauction would be nullified. The FCC also stated in its brief to the court that should Nextwave prevail, THE FCC WOULD RELEASE THE CONTESTED SPECTRUM TO NEXTWAVE. What the newspaper reporters seem to forget is that Nextwave is legally entitled to its spectrum, having won it on the high bid in the orginal auction. Nextwave was prevented from paying for its spectrum by the FCC. Nextwave now stands ready and willing to pay. Those reporters who continue to feed the public with misinformation regarding Nextwave's legal status are doing themselves and the public no good. The only issue now is: Will the FCC honor its previous commitment to restore Nextwave's spectrum as it vowed that it would IF Nextwave prevailed in its court case? Nextwave prevailed. Now, will the Congress and the Attorney General permit (if not insist) that the FCC honor its legal obligations? Or will other parties continue those efforts inspired by their own vested interests and particular special biases, regardless of the clear legal status of the issue, to obfuscate, delay, confuse, and hopefully win through other subterfuges and machinations what they have been unable to win in court? It's high time for the fud to cease.