Subject: [NEXTEL-1] Re: Nussle Introduces Spectrum Accountability Act- For Flip Powell

From: [email-masked]
Date: Sun, 27 Jun 2004 16:42:11 -0400

Do you remember when  Danny Akerson (Nextel Boss), Kennard and
Christopher  "Under The Table" Wright  (FCC Deputy General Counsel) were
on the Nextwave Express that crashed?

That train was derailed going full speed ahead , there were numerous
DOA's on the scene. Danny Akerson & Kennard played dumb and said  FCC
Deputy General Counsel Christopher "Under The Table" Wright was at the
controls. Wright said Kennard told him to drive, but he did not have
License.

=============================================================================================

"Kennard answered an inquiry from Rep. John Dingell, D-Mich.,assuring
him that nothing in the Nextel agreement obligates the commissioners  to
support Nextel's plan. "The FCC did not make an exclusive deal with
Nextel,
Kennard said, committing himself to neutrality on competing offers."
"http://www.wirelessweek.com/article/CA3402?stt=001&text=nextwave

"WASHINGTON--Responding to a congressional investigation into the
confidential
spectrum agreement Nextel Communications Inc. signed with the government
in
August, the Department of Justice and Nextel."
http://www.wirelessweek.com/article/CA3368?stt=001&text=nextwave

"Who Knew What When?

WASHINGTON--To defend themselves against a volley of severe criticism
regarding the secret spectrum pact forged with Nextel Communications
Inc. in August, FCC commissioners assert they did not agree to any deal,
even if the agency's top legal official did. It became clear last week,
however, that the commissioners were informed of the agreement,
including its general terms, before General Counsel Christopher Wright
signed it.
The sequence of events leading to the Aug. 10 agreement, which was
designed to facilitate Nextel's effort to acquire spectrum licenses held
by bankrupt NextWave Personal Communications Inc., is of considerable
concern to lawmakers investigating the deal and to the wireless
industry. Legislators are worried about "a pattern at the FCC of
engaging in closed-door deal-making," and carriers are concerned that
one company is receiving favors denied to others.  The
who-knew-what-when exercise helps shed light on the commission's
practices."
http://www.wirelessweek.com/article/CA3383?stt=001&text=nextwave

"Nextel-FCC Pact Could Be Headed For Hearings

WASHINGTON--Last week's chapter in the ongoing attempt to shed light on
the pact secretly signed by the FCC and Nextel Communications Inc. in
August featured a volley of correspondence among Congress, the
Department of Justice, Nextel, the FCC and CTIA.
http://www.wirelessweek.com/article/CA3470?stt=001&text=nextwave"

"Bliley Raps 'Closed-door Deal-making'

WASHINGTON--The House Commerce Committee launched an inquiry last week
into FCC General Counsel Christopher Wright's pact with Nextel
Communications Inc. over a set of personal communications services
licenses. The committee cited "what appears to be a pattern at the FCC
of engaging in closed-door deal-making with private parties on matters
that affect public
interest."http://www.wirelessweek.com/article/CA3426?stt=001&text=nextwave

"Judge Questions Nextel-FCC Pact

WASHINGTON--Wait just a minute there. A bankruptcy court judge has
objected to a private pact made by FCC general counsel Christopher
Wright and Nextel Communications Inc. on C-Block spectrum.
In the pact Wright assured Nextel he would recommend that the commission
approve the transfer of bankrupt NextWave Telecom Inc.'s licenses to
Nextel and grant the necessary ownership waivers. These assurances have
left much of the industry--and many in the legal community--scratching
their heads about the FCC's
processes.http://www.wirelessweek.com/article/CA3501?stt=001&text=nextwave
"

Dingell made them all come to GOD.  It was all over then..........

We Shall See!

September 20, 1999

The Honorable William E. Kennard
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

     Re: In re NextWave Personal Communications Inc., et al., Chapter 11

     Case No. 98 B 21529 (Jointly Administered) (ASH)

Dear Chairman Kennard:

I am writing with respect to your recent letter to Thomas E. Wheeler, of
the Cellular Telecommunications Industry
Association, defending the activities of the FCC staff with regard to
the PCS licenses that are the subject of the
above-referenced bankruptcy proceeding.

It is my understanding that Christopher J. Wright, FCC General Counsel,
and Raymond Fisher, Associate Attorney
General, sent a letter on August 10, 1999 to Counsel for Nextel
Communications, Inc. In that letter, Mr. Wright
expressly committed his support, as well as the support of "relevant"
FCC staff, to Nextel's Term Sheet and Joint Plan
of Reorganization concerning NextWave's PCS licenses. Specifically, the
letter stated:

          This letter confirms that the undersigned, Christopher J.
Wright, General Counsel of the
          [FCC] . . . and the relevant staff of the FCC will recommend
to the FCC that it accept and
          agree to support the resolution of the NextWave Cases as
proposed in the Term Sheet. . . .
          You and Nextel are authorized to disclose the existence and
substance of this letter and the
          Term Sheet in connection with any efforts to raise necessary
funding, to propose or
          implement a plan of reorganization consistent with that
described in the Term Sheet . . .

As you are aware, NextWave's plan of reorganization was filed on July
27, 1999 and is currently under consideration
by creditors and by the Bankruptcy Court for purposes of confirmation.
Nextel is not a party in interest in the
bankruptcy proceeding and, therefore, has no standing to file a plan of
reorganization.

Under the Communications Act of 1934, as amended, the Commission has
several options at its disposal with
respect to licensees. It can renew a license (with or without
conditions); it can deny an application to renew; or it can
revoke a license. In each case, the Act imposes specific procedures on
the FCC that are designed to protect the
public at large, and the licensee in particular. With respect to
NextWave, the Commission has previously determined
that the company is qualified to hold licenses, and on that basis issued
NextWave 95 licenses.

The FCC's actions with respect to the Nextel/NextWave transaction
represent a radical departure from Commission
policy and precedent. This departure has been made without the benefit
of public participation or a public articulation of
a change in policies. In Reuters Limited v. FCC, 781 F.2d 946 (1986),
the Court warned that:

          It is elementary that an agency must adhere to its own rules
and regulations. Ad hoc
          departures from those rules, even to achieve laudable aims,
cannot be sanctioned, for therein
          lies the seeds of destruction of the orderliness and
predictability which are the hallmarks of
          lawful administrative action.

The Court warned further that an agency is not permitted "to deviate
from its rules in order to achieve what it deems to
be justice in the individual case."

Even if it were appropriate for the Commission to act as a partisan, the
manner in which it is conducting itself vis-à-vis
Nextel's takeover bid for NextWave is inappropriate for several reasons.
First, the Commission has not conducted any
proceeding that concludes that NextWave, the incumbent licensee, is
unfit or unqualified to hold its licenses. As noted
above, the Commission is bound by specific statutory requirements that
must be met before it is permitted to revoke a
license.

Second, the Commission is engaged in an effort to transfer licenses
without having been presented with a written
application, or having to provide an opportunity for public
participation. Section 310(d) of the Act is clear:

          No construction permit or station license, or any rights
thereunder, shall be transferred,
          assigned, or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by
          transfer of control of any corporation holding such permit or
license, to any person except
          upon application to the Commission and upon findings by the
Commission that the public
          interest, convenience, and necessity will be served thereby.
(emphasis added)

The Commission is expressly prohibited from considering "whether the
public interest, convenience, and necessity
might be served by the transfer, assignment, or disposal of the . . .
license to a person other than the proposed
transferee or assignee." Mr. Wright’s actions appear to conflict with
these statutory provisions.

I also must note that it would be inappropriate for the Commission to
support a takeover bid of a C-Block licensee by a
company that does not comply with the Commission's eligibility criteria
for C-Block licensees. Section 24.709 of the
Commission's rules contain the specific criteria for C-Block
eligibility. Nextel does not appear to qualify to hold C-block
licenses as its assets and revenues exceed substantially the amounts
that these eligibility criteria permit. Mr. Wright’s
letter appears to indicate his support for creating an exemption for
compliance with its eligibility criteria specifically for
Nextel. Such an exemption is not available for other C-block licensees,
despite the precarious financial condition of
many of the remaining C-block licensees. To the extent that the
Commission determines, through a public proceeding,
that an exemption should be created, such an exemption should be made
available to all C-block licensees, including
NextWave.

Over the last twenty years, the Commission has scrupulously attempted to
remain neutral in the face of takeover
battles for its licensees. In so doing, the Commission has held that the
procedures outlined in the Act should be used
neither as a sword nor as a shield. It is unprecedented, therefore, that
the Commission would not only take sides in a
hostile takeover effort, but act as an organizer of such an effort,
aiding and abetting one company in an effort to
acquire another company.

For the above reasons, I am extremely troubled by Mr. Wright’s conduct
and I ask that you review this matter fully and
provide me with your views.

Please instruct the Office of General Counsel to insert a copy of this
letter, as may be appropriate under Commission
rules, in the official record of any relevant proceeding.

Sincerely,

JOHN D. DINGELL
RANKING MEMBER

cc: The Honorable Adlai S. Hardin, Jr.
The Honorable Tom Bliley
The Honorable Henry J. Hyde
The Honorable John Conyers
The Honorable W.J. "Billy" Tauzin
The Honorable Edward J. Markey
Commissioner Susan Ness
Commissioner Harold Furchtgott-Roth
Commissioner Michael Powell
Commissioner Gloria Tristani

Deja-Vu?????

[email-masked] wrote:

>  Marcel: Verizon and CTIA are going to have to do a lot better than
> this.  This is pretty weak stuff. Full speed ahead for the
> Donahue-Powell Express.
>
> P. Waugh