engineer the rules of the auction were laid out and Nextwave met those BEFORE the auction, and only AFTER they bid did the FCC change their minds on how much foreign ownership. this is the cause of all the mess in the first place. If the FCC had reviewed the application and objected before Nextwave had bid, then there would never have been any BK to take to court.
Unfortunatly, you really have NO CLUE what you are talking about! There was no change in the FCC minds regarding foreign ownership, before, during, or immediately after the Auction! The rules of foreign ownership and their percentages were outline in the FCC rules and regulations and clearly referenced to in the Bidder Information Package for Auction 5. It clearly indicated that to be eligible to participate in Auciton 5. The bidders were bound to the FCC's rules (Section 310(b)(4)) regarding Foreign Ownership percentages. The rules of Foreign Ownership did not change until the US entered the WTO in 1998. The Sixth Order and Report did not change or modify Foreign Ownership rules.
On page 25 Item 7 of the Bidder Information Package (Page 29 of the PDF file). It states that Applicants should read the "Certifications" listed on FCC Form 175 carefully before signing their manually filed application it continues. Submission of a false certification to the Commission may result in penalties, including monetary forefeitures, license forefeitures, and inabilaty to participate in future auctions, and or CRIMINAL prosecution
wireless.fcc.gov
From Nextwave Auction 5 Form 175. Submitted Nov 6 1995 11:30AM
"(vi) Certification re Foreign Ownership. See Certification (1) on Form 175, which is
incorporated herein by reference. As of May 2, 1996, total indirect foreign ownership of the
Applicant is 0.40% of the capital stock, by two non-U.S. citizens, Szu-Wei Wang and Alan
Pate, who are not officers or directors of the Applicant. All officers and directors of the
Applicant are U.S. citizens. As described below, certain investors with foreign ownership
interests and NextWave Telecom Inc. ("NTI"), the parent corporation that owns all of the
stock of the Applicant, have entered subscription agreements for common stock or common
stock and warrants to purchase common stock of NTI, with various option provisions and/or
loan agreements with equity conversion provisions. Such investors do not own of record or
vote the capital stock of NTI at this time, and shares of such stock have not been issued
pursuant to those agreements. NTI's corporate documents, including its amended Restated
Certificate of Incorporation and agreements with investors, contain provisions to ensure that
foreign ownership in NTI does not exceed 25% of its capital stock."
At the end of thier Form 175 it stated.
" CERTIFICATION OF NEXTWAVE PERSONAL COMMUNICATIONS INC.
I, Janice Obuchowski, certify, pursuant to FCC Rule 1.2105(a)(2)(ii), (vii)-(viii)
and the "Certification" item of FCC Form 175 and other applicable rules, under penalties of
perjury that:
1. I am the Executive Vice President of NextWave Personal Communications Inc. (hereinafter the "Applicant") and I am therefore a responsible officer or director of the Applicant pursuant to FCC Rule 1.2105(a)(2)(ii) and the "Certification" item of FCC Form 175. My business address is 1100 New York Avenue, N.W., Suite 650 East, Washington, D.C. 20005.
2. The information provided in Exhibit A, attached, is the information required pursuant to Sections 1.2105(a)(2) and 24.813(a) of the FCC's Rules regarding Applicant identity and ownership.
I declare, under penalties of perjury, this 2nd day of May, 1996, that I am an authorized representative of the Applicant and that the foregoing certification and all matters and things stated in it are true and correct."
On their FCC Form 601's filed on May 22, 1996 Nextwave indicated the following.
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? 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? 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 of Form 601 it says:
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 Communications Limited Partnership and PCS Devco, Inc. filed a petition to deny NextWave's long-form applications for the licenses. Among other things, Antigone and Devco alleged that NextWave exceeded the 25 percent foreign ownership benchmark of Section 310(b)(4).
Following a review of the record, the Bureau determined that NextWave's level of foreign ownership exceeded the 25 percent statutory benchmark. The Bureau then granted NextWave an opportunity to either file a restructuring plan that would bring it into compliance with the 25 percent benchmark, or make a showing of why the public interest would be served by
granting the licenses notwithstanding its level of foreign ownership.
ftp.fcc.gov
They LIED on their Form 175's to participate in the bidding of Auciton 5. They LIED on all of their Form 601's to get their regulatory approvals!
As usual. FACTS are FACTS. Everything else is just "Nextwave Folklore" that has been spun by their propaganda machine to skew the publics perception, (especially those of the CDMA persuasion).
And so it goes,
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