Subject: [NEXTEL-1] Re: Nextel Conference call- Bubbling, Mumbling Barry West

From: [email-masked]
Date: Wed, 22 Oct 2003 15:16:56 -0400

-------- Original Message --------
From: "BobC" <[email-masked]>
Subject: Re: Nextel Conference call- Bubbling, Mumbling Barry West

> > From: Paul J Zawada <zawada@n...>
> > Date: Mon Oct 20, 2003  1:44:12 PM America/Chicago
> > To: [email-masked]
> > Subject:Re:[NEXTEL-1]Re:Nextel Conference call-Bubbling, Mumbling 
> > Barry West
> >
> >
> Maybe I'm confused or just plain naive, but I wasn't aware that the 
> FCC conducted private negotiations with anyone on any issue.

I thought that's what golf courses and StarBucks were for?
________________
> "Furthermore, how is it that Nextel can offer a "take it or leave 
>it" ultimatum to the FCC?" 

They can't. What Nextel can do is wait for, abide by or appeal 
whatever the FCC finally decides to do. What Nextel can do is try to 
parlay their out-of-hand interference problem into a gain of some 
kind by dangling carrots in front of the cart.
________________
> "Why is it up to Nextel to accept or reject a compromise?" 

As I understand it, all parties are free to accept or reject 
whatever's been proposed in favor of another plan. Hopefully someone 
comes up with good one. 
________________
> snipped... "how can one party be given so much sway?" 

That's a really good question. I don't know. How does one go about 
coercing someone into submission? Reason? Witholding something of 
intrinsic value? Holding something over anothers' head? 
________________
> "They [Nextel]are certainly allowed to recommend a way that the 
> Commission may address a problem (a la the White Paper or the 
> Consensus Plan) but who gave them final say?" 

Who said they did have the final say? 
________________

> "Some of the statements below and in the trade rags seem to 
>indicate that if Nextel doesn't like what the Commission doles out, 
> they can just take their marbles and go home."

As I see it, right now they can. The plan is like a baloon filled 
with swamp gas. It'll float for awhile but when it pops there's going 
to be a nasty smell.

As Robert Schwaninger has pointed out, the plan has nothing 
substantive in it. No signatures in contract, no recourse if the 
promises aren't fulfilled, no contingency if the actual costs exceed 
the "estimated" costs, and most importantly...no resolution to the 
problem of interference should Nextel decide to default or play 
delaying games in court.

I don't think anyone has decided if the FCC can even legally enter
into or legitimize this kind of contract?
_______________
Somehow I get the feeling that if the FCC doesn't go along with 
Nextel's idea, the feces will strike the rotary oscillator in the 
courts for years to come. 

Suppose Nextel doesn't get what it wants. Suppose they do take their 
marbles and go home. Suppose the last option available to the FCC is 
to shut down those trouble sites until a solution is found. 

I can see Nextel in court saying "Well...They [the FCC] gave us the 
licenses for those sites. They should have done the studies to make 
sure the licensing was prudent and without chance of 
interference."  "We're [Nextel]suffering a tremendous loss of 
revenue. It's your[FCC]fault and we want you to reimburse us for your 
mistake."

I can see the FCC returning with "Hey..We set those licenses up for 
higher elevation sites that our studies show a minimum chance for 
such interference. Since you're the licensee and ultimately 
responsible for correcting interference...where's your engineering 
study to support getting away with those sites we turned a blind eye 
towards?"

Then it gravitates towards the emmission mask specifications that the 
FCC allowed and how Motorola should have known better and built to a 
tighter spec for the mask.

And the finger pointing could go on like this for a long time.

Yes I am somewhat the conspiracy nut. Is this far fetched? Give me a 
reason to believe otherwise..I want to believe and I know the truth 
is out there somewhere.

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