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


To: foundation who wrote (13686)8/7/2001 9:10:47 AM
From: John Carragher  Read Replies (3) | Respond to of 196995
 
Why would supreme court even want to hear this issue? If open and shut case they will not hear it.



To: foundation who wrote (13686)8/7/2001 10:46:05 AM
From: M. Charles Swope  Read Replies (1) | Respond to of 196995
 
A little more background on the NextWave case.

The FCC is arguing that it was not acting as a creditor when it revoked the licenses but as a regulator and, therefore, the bankruptcy law that Ben cites does not apply. Payment of the auction price was a condition of the license, not just a debt owed by NextWave argues the FCC. The Circuit Court rejected this argument. If the Supreme Court takes the case, I believe the nature of the payment obligation and whether characterizing the obligation as regulatory compliance makes a difference will be the issues to be decided. (Please understand, I am not advocating for the FCC's position, just trying to add some further background).

Charlie