Subject: [NEXTEL-1] Excuse me--BUT no license of any kind

From: Marcel <[email-masked]>
Date: Tue, 28 Jan 2003 15:20:20 -0500

[email-masked]
Date: Tue Jan 28, 2003 9:54 am
Subject:  Re: Excuse me--BUT no license of any kind

Sorry, but your statement that a license cannot be "taken" without a show cause hearing is
only partially correct. There are numerous exceptions. For example, no show cause hearing
is required if the licensee fails to meet a condition of the license which causes it to
automatically terminate, such as a failure to construct, or when mobile loading was
required for SMR systems, when an SMR licensee fails to meet a loading deadline.

See, P & R Temmer v. FCC, 743 F.2d 918 (D.C. Cir. 1984); Texas Two-Way v. FCC, 98 FCC 2d
1300 (1984), aff'd sub nom. Texas Two-Way, Inc. v. FCC, 762 F.2d 138 (D.C. Cir. 1985).

Note that I am not arguing the applicability of that point to the Nextwave case, only to
accuracy of the statement itself.

Alan S. Tilles, Esquire
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
www.shulmanrogers.com

>In a message dated 1/28/2003 8:07:32 AM Eastern Standard Time

>--- can be taken without a show cause hearing----at that hearing the
>reason for recalling that license is argued. The license holder then
>may appeal the decision if he choses. It's a long legal prosses. Were
>it not that way, the state could take your drivers license and you
>would have nothing to say about.Would you like for it to be that
>way? I doubt it-----

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