Subject: [NEXTEL-1] Re: FCC's Powell: Courts may 'frown' on making Nextel p...

From: Marcelrf <[email-masked]>
Date: Tue, 16 Mar 2004 22:06:38 -0500

If they ignore case law (CECR v. FCC 1995 and others) this will just
give the courts more reasons to blocking their ruling.

I have been assured that this proceeding will face a Fierce Legal
Challenge that the commission has not seen in years.
Powell will be long gone and sitting to the right of Kennard in Reston
by the time this is over.  The challenge will be inherited by the next
FCC Chairman just like Powell inherited the Nextwave mess and lost
(Meanwhile Kennard is on Nextel's Board collecting fat compensation).

It is ashame that Nextel has "SCAMED" public safety.  Years from now
they will still be looking for a solution for interference.

Once this proceeding faces a legal challenge Nextel will not make any
investments in Re-tuning, nor will the spend money on deploying their
broadband network on 1.9Ghz.

Don't believe me?        Ask them........You will probably get some
Foolsner or Larry Mumble-Jumble Double Talk.

Do the math..........

[email-masked] wrote:

>  Marcel: we quoted Reuters in the CECR v. FCC (1995) case and we got
> nowhere. These cats are result oriented all the way.  It is amazing to
> see the Commission so intent to avoid lobbying Congress for
> Congressional authority to earmark the proceeds of certain auctions to
> pay for the probable $3.36 billion in total relocation costs and then
> holding an auction of the 1.9 GHz band spectrum.  And equally amazing
> to see it willing to confiscate one or both of the spectrum rights of
> Non-Nextel EA licensees.
>
> P. Waugh

---

From: Marcelrf <[email-masked]>
Date: Tue, 16 Mar 2004 22:17:51 -0500

I guess I will have something to write about for years to come.

Stupid is as Stupid does......

[email-masked] wrote:

>  Marcel: frankly, part of the difficulty in persuading some of the
> participants to seek a compromise with Nextel and the FCC that would
> be legally sound is their confidence that they will prevail in court.
> In other words, they are counting heavily on Powell and two other
> Commissioners doing the "stupid thing."
>
> So far this has proven to be one of the most difficult problems to
> overcome. Everyone is posturing and taking extreme positions because
> they do not believe that the Commission will pay attention to anyone
> but Nextel and APCO.
>
> P. Waugh