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To: Peter J Hudson who wrote (112038)	2/1/2002 9:41:28 PM
From: gdichaz	Read Replies (1) \| Respond to of 152472

Pete: What is particularly laughable about all this is the roll out of Metro in Florida which declared bankruptcy and is now operating. (Using the LEAP Wireless model BTW) Using bankruptcy protection as NextWave did, but NextWave was prevented from completing its rights to same. That is what is the issue now in the Supreme Court. All this is so involved in nonsense, big bucks, and political influence that it would be fun to see an actual analysis which dealt with the facts. None yet. Since the Supreme Court will rule to take this or not as a first cut, any words here are like blowing in the wind. And we see plenty of that. Best. Chaz

To: Peter J Hudson who wrote (112038)	2/1/2002 10:53:29 PM
From: pcstel	Read Replies (1) \| Respond to of 152472

Peter: Come on, you're better than this. Nextwave satisfied the foreign ownership situation before the FCC granted them the winning bid. They were unable to secure financing for their business plan because the PCS roll out went slower than expected. Chapter 11 was the appropriate route. It wasn't until the FCC decided to repo. the licenses that things got screwed up. Remember initially the FCC chairman wanted to sell the licenses directly to Nextel, interesting that he went to work for Nextel when he left the FCC. I am better than this.. That is because you have gotten your "facts" by sitting around the ole' Nextwave campfire! Those boys at Nextwave sure knew who to tell a "fish story". They even had that "Know the truth" banner up on their web site! Which has all disappeared. You see.. The Facts are all available for public inspection. But, they don't tell as quite a good story that the boys at Nextwave told. If you examine the Auction 5 bidder information package you will find that Nextwave decided to play by their own rules. They decided that the rules were for other companies.. Not Nextwave. The Bidder Information packet clearly outlines the procedures. In order to bid on a given license, the applicant must file a From 175. It notes.... 7. Applicants should read the "Certifications" listed on the FCC Form 175 carefully before signing their manually filed applicaitons. Submission of a false certification tot he Commission may result in penalties, including monetary forfeitures, license forfeitures, and ineligibility to participate in future auction, and/or criminal prosceution. One of the certifications is the foreign ownership rule. Nextwave outlined it's ownership structure on Form 175. It claimed certain "foreign corporations" were instead US corporations. Nextwave Form 175 stated: "The calculation of the fully diluted interests reflects that: (i) As provided in the Restated Certificate of Incorporation of NTI, the holders of Series A common stock must convert their shares of Series A common stock to shares of Series B common stock in the event of a dilutive issuance by NTI of Series B stock. Series A shares convert at a ratio of one share of Series A common stock to two shares of Series B common stock, or one share of Series B common stock and one warrant to purchase Series B common stock. In addition, Series A shares convert immediately prior to a public offering. Because the combination of events that would trigger a full conversion of Series A common stock is not expected at present, such a conversion of Series A common stock is not assumed in calculating fully diluted interests. If such a conversion were to be assumed, the ownership structure of NTI (and through it, the Applicant) would continue to comply with the FCC's rules. " THEY LIED! Next step. After submitting winning bids. License Applicaitons Form 601 submitted on May 5, 1996. Alien Ownership Questions (If any answer is Yes, attach exhibit explaining circumstances.) 43) Is the applicant a corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? They checked NO 44) Is the applicant directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? They checked NO General Certification Statements 3) The applicant certifies that all statements made in this application and in the exhibits, attachments, or documents incorporated by reference are material, are part of this application, and are true, complete, correct, and made in good faith. At the bottom it reads. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, § 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, § 503). On July 1, 1996 Antigone Communciations and PCS DEVCO filed a petition to deny. Due to Nextwave's auction wins due to willfully false statements that it made on it FCC Form601 wtbwww05.fcc.gov:80/download/0055045980821649739985143.pdf At the very end of December, 1996. Nextwave agreed it was in violation of the foreign ownership regulations and promised to fix it's foreign ownership. The FCC gave them six months to complete the foreign ownership structure. The FCC Conveyed the licenses 2 Business Days later on Jan. 3, 1997 And guess what? THEY LIED AGAIN.. The never did fix their foreign ownership well, until the passage of the WTO Basic Telecommunications Agreement Nullified it's signifigance. Of course they never did make payment one either. And a few months later. When offered reduced payment obligations on their Auction wins, with a revised payment schedule and amounts.. They chose to tell the FCC and the American Public to FU(K OFF! And filed for Bankruptcy Protection. Thats some company you are defending there! Facts are stranger than Folklore! And so it goes! PCSTEL