To: Rono who wrote (590 ) 11/21/2001 5:37:23 PM From: Maurice Winn Read Replies (1) | Respond to of 1088 Ron, it's about rule of law and respect for property rights. Part of rule of law is equality before the law. The problem stemmed from the Congress being racist and sexist and biased against big business. People with the right ethnic background [I have no idea how people are supposed to prove such an absurd criterion but I suppose they have an ASTM test for skin colour or something] or the absence of a Y chromosome got special treatment by Congress. So did 'small' business. So already the government was behaving immorally. Why 'minorities' who could afford bids in the $$billions should get special treatment is beyond me too. Same with women wielding $$billions. How Congress thought they could conduct an auction for small business involving bids of $4 billion is beyond me. That was just for the spectrum. To build the system would cost a few $$billion too. So they set up a stupid auction which breached human rights and equality before the law. The FCC had to try to make sense of absurd Congressional direction. So the FCC ran a stupid auction, which didn't demand cash on the barrelhead. The FCC chose to become a creditor. In the USA, there are laws covering creditors. To suggest that Nextwave convinced "the right judge" is a slur on the USA judiciary, which, while composed of humans, is reasonable robust and decisions of "the right judge" are subject to review by higher judicial authorities. That avoids prejudicial decisions to a large extent. I'm as cynical as they come, but I'm fairly happy with the way the USA judicial system works [even though there are examples such as Judge Jackson with Microsoft who have to be tidied up by higher authorities]. It seems to have been a fairly straightforward legal issue of bad debt, creditor claims, bankrupcty court and resolution of assets. There's not really any need for recriminations [other than against the sexist, racist, anti-big-business Congress]. It was very disappointing to me that QUALCOMM undersold CDMA, but I live with bad decisions daily. We do our best. So, QUALCOMM transferrred [unwittingly] that property right to the USA government. Bad luck for QUALCOMM. But it's unseemly for the government to come over all whiny because in fact they transferred the property right to Nextwave more cheaply than could have been the case. In fact, I think it's contemptible to whine over a missing windfall which only occurred at somebody else's expense. It's a matter for the courts to resolve according to property laws and we all just have to accept that. But I find it good news that QUALCOMM, the creator of the value, will actually get some of the value back via Nextwave and so will Allen Salmasi who also was a creator of that value. It wasn't the "cowboys at the FCC" who tried to help women, brown people and small businesses. It was Congress. Don't blame the FCC for that. It's all about protecting property rights. So far, so good. Come over to the light side Ron. Ditch the communist, Osamaland stuff! Support individual rights, individual property, protected by a solid legal system. QUALCOMM sold too cheaply - bad luck. So did the FCC - bad luck. Nextwave was lucky. The USA wins because I [and millions of others] will continue to invest in a robust system like that. Mqurice