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

To: Ibexx who wrote (19866)	3/4/2002 2:13:24 PM
From: carranza2	Read Replies (1) \| Respond to of 196656

There is a substantial federal regulatory interest which the FCC will argue trumps the BK Code. I thought the issue was already decided and that a fairly substantial body of law existed which uniformly held that the BK Code prevented what the FCC proposes to do. Reading tea leaves, it seems that review of the DC Circuit's decision is taking place because a number of Justices question the wisdom of that body of law. This does not mean that the DC Circuit will be reversed, merely that the law will be rigorously examined for all possible pros and cons. I wouldn't call a bookie and place bets on the ultimate result yet. If I were the Supremes, I'd say the BK law means what it says. Since it doesn't make any special provisions in favor of federal regulatory agencies, none should be implied. If Congress wanted the agencies to not be bound by BK law, it could have said so. It really is a bit of a pedestrian issue. However, the gov't gets special solicitude when it asks the Supremes to review a Court decision. Bottom line: The gov't has an unstated preference in having cases heard. If the Solicitor argues strongly enough, he'll get a lot more consideration that Joe Blow, regardless of the merits of the dispute. NextWave should not count its chickens 'til they hatch. The granting of the writ increases uncertainty. It may prompt settlement of the dispute. What a saga.