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Technology Stocks : Nextwave Telecom Inc. -- Ignore unavailable to you. Want to Upgrade?


To: pcstel who wrote (738)3/6/2002 6:45:49 PM
From: Dennis Roth  Read Replies (1) | Respond to of 1088
 
Wireless Execs Place NextWave Blame on Feds
library.northernlight.com

Story Filed: Wednesday, March 06, 2002 5:59 PM EST

Mar 06, 2002 (Internet.com via COMTEX) -- According to new survey results released Tuesday, wireless executives believe that U.S. spectrum policy is flawed and that federal regulators are to blame for the current dispute involving NextWave Telecom. The survey results come in the wake of Monday's decision by the Supreme Court to hear the long-running case between NextWave and federal regulators over $16 billion in airwave licenses.

E-mail publisher FierceWireless surveyed more than 670 U.S. wireless executives in order to shed light on their perspective on spectrum policy and the NextWave case . More than 80 percent of the respondents said the U.S. policy is flawed with 61 percent squarely placing the blame for the NextWave case on government regulators. Only 27 percent placed the blame on NextWave.

In June of 1996, NextWave declared bankruptcy and defaulted on $4.7 billion due on spectrum wireless licenses awarded to the company by the Federal Communications Commission (FCC). The FCC seized NextWave's spectrum rights, arguing that the company had only paid on a fraction of the $4.7 billion, and re-auctioned the rights last January to companies including Verizon and VoiceStream. The auction raised $16 billion.

NextWave's lawyers filed suit, contending that U.S. bankruptcy laws protected the company from the FCC license revocation. In June, the U.S. Court of Appeals for the District of Columbia agreed with NextWave.

Meanwhile, throughout the second half of last year, NextWave, the FCC and the Department of Justice attempted to broker a deal over the disputed licenses. That fell through when Congress killed a proposed a deal that would have paid NextWave $5.8 billion and transferred the spectrum rights to the new owners.

Frustrated by court actions and FCC rulings, Verizon and other carriers last month began seeking a refund of their deposits, seeking approximately $3.2 billion.

The Bush administration has been lobbying the Supreme Court to establish a ruling in the complicated case, asking the justices to determine what options are available to the government when a telecommunications company fails to pay for FCC spectrum licenses.

"People in the wireless industry are frustrated by the NextWave case," said Jeff Giesea, publisher of FierceWireless. "The NextWave case puts the wireless industry in spectrum purgatory. Wireless executives want resolution, but they're going to have to wait."

Giesea said the issue is tied to the future of the Internet.

"Yesterday's bandwith is today's spectrum," said Giesea. "We need airwaves for 3G, and we need 3G to deliver on the promise of wireless Internet access."

Other results from the survey included: 63 percent said that the dispute over the NextWave spectrum is very significant or critical to the wireless industry. Another 34 percent said it is moderately critical, and only 2 percent believe it is not significant;

38 percent believe the disputed spectrum should be returned to NextWave. (62 percent believe it should not be returned to NextWave.) ;

34 percent said that the NextWave spectrum issue affects their business ; and

When asked about the most likely outcome of the dispute, 52 percent believe it will result in a settlement; 26 percent believe the spectrum will be re-auctioned; and 19 percent believe the spectrum will be returned to NextWave .

By Roy Mark URL: internet.com

Copyright 2002 INT Media Group, Inc. All rights reserved



To: pcstel who wrote (738)3/6/2002 8:34:09 PM
From: pcstelisaliar1 Recommendation  Read Replies (1) | Respond to of 1088
 
PCSTEL,

I do not want to indicate that at all. The buildout was tolled due to the settlement negotiations, not judicial review.

As far as your recent comment about "sudden rush" of protection builds, that is false as well. Unless you really know what you are talking about you shouldn't theorize, call the tower companies, Lucent and hell the power Companies, Civil/Construction companies as I am sure you will get an answer that shows that the NW build was anything but 11th hour, as you wish to depict.

And as far as your negative "speak" about NextWave's buildout - tell me what Leap has planned for say Birmingham, AL and other areas of the country? And what is AWE doing with many of their BTA's, as we speak?

Oh, and as far as your question about why NW would file all of these minimum build notices? Well, hmmmm, let's think that one through, is it perhaps because they cannot trust the FCC? Oh, yes that is it! Right, the FCC, the same group that sat on the stand under oath in the FEDERAL BK Court in NY telling the BK judge that payment was not mandatory while the automatic stay was in force (court recorded). Oh, Oh then they did what? Oh, that's right they illegally took the licenses for "non-payment" after assuring the FEDERAL JUDGE that payment was not mandatory while protected by the Automatic Stay. Hmmmm, trust 'em or not? NOT!

Oh, and by the way, the buildout dates are still under tolling! Call the FCC.....they will give you the specifics!

Truly Best Regards,
PcstelISaLiar