Subject: [NEXTEL-1] Robert M. Gurss, Esq. (APCO) & Raymond J. Quianzon, Esq. On Mobex Communications, Inc. Emergency Motion for Extension of Time

From: [email-masked]
Date: Sat, 01 May 2004 05:29:26 -0400

DA 04-1245

Robert M. Gurss, Esq.
Raymond J. Quianzon, Esq.
Counsel to Mobex Communications, Inc.
Fletcher, Heald & Hildreth, P.L.C.
1300 North Seventeenth Street
Arlington, VA  22209

Re: Mobex Communications, Inc. Emergency Motion for Extension of Time –
Deadline for Reply Comments on Proposed
Auction Procedures for Auction No. 57 (Automated Maritime
Telecommunications System)
Dear Messrs. Gurss and Quianzon:

This letter responds to an Emergency Motion for Extension of Time
(“Motion”) submitted on April 28, 2004, by Mobex
Communications, Inc. (“Mobex”).   Mobex requests that the Wireless
Telecommunications Bureau postpone the April 30,
2004, deadline for the submission of reply comments in response to the
Bureau’s public notice  that sought comment on
proposed auction procedures for the assignment of Automated Maritime
Telecommunications System (“AMTS”) licenses in
Auction No. 57.  Warren C. Havens opposes Mobex’s Motion, and Mobex
replied.   For the reasons expressed below, we
deny Mobex’s request.

Mobex makes two principal arguments in support of its request to extend
the reply deadline by one week (to May 7, 2004).
First, Mobex asserts that the reply period provides “a very limited
time” for commenters to prepare reply comments and that
“technical problems” may have delayed the availability of some comments
until the second day of the reply period.   Second,
Mobex argues that the comments in the record make “extensive reference
to documents and issues which are not available as
part of this proceeding, as well as a novel proposal …,” which “go well
beyond the ‘normal’ content of comments of proposed
auction rules.”

As the Motion acknowledges, the Commission’s general policy is that
extensions of time are not routinely granted.   The
Commission specifically disfavors requests for extensions of time filed
on such short notice.   Only two sets of comments were
filed in response to the Auction 57 Comment Public Notice; one set was
filed by Mobex and the other by Mr. Havens.
Significantly, Mobex does not claim that it had any difficulty in
obtaining a copy of Mr. Havens’s comments.  Indeed, we note
that Mr. Havens took the additional step of serving his comments on one
of Mobex’s attorneys.   Further, it appears that the
external materials referenced in Mr. Havens’s comments are
publicly-available documents, such as statutes, Commission
regulations, and prior Commission decisions.  We are not persuaded that
Mobex has demonstrated cause for postponement of
the reply comment deadline.  We note, however, that the Bureau may, in
its discretion, consider written ex parte presentations,
if filed within a reasonable period after the reply comment deadline.

IT IS HEREBY ORDERED that, pursuant to Section 1.46 of the Commission's
Rules, 47 C.F.R. §  1.46, the Emergency
Motion for Extension of Time of Mobex Communications, Inc. is DENIED.
This action is taken pursuant to authority
delegated by Section 0.131 of the Commission’s rules, 47 C.F.R. § 0.131.

Sincerely,

William W. Huber
Associate Chief
Auctions and Spectrum Access Division
Wireless Telecommunications Bureau

cc: Mr. Warren Havens
2509 Stuart Street
Berkeley, CA 94705

 http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1245A1.doc

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From: [email-masked]
Date: Sat, 01 May 2004 05:35:26 -0400

Watch Out for Warren Havens........

If  Havens Deploys VHF Tait SDR on the Automated Maritime Telecommunications
System as planned.
There will be quite a few carriers who will be unable to compete.
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From: "Todd Ellis" <[email-masked]>
Date: Sat, 1 May 2004 06:36:20 -0400

Well, having met and spoken with Warren at length on several topics
including 220 MHz, this might be his second true hit.  His first was the 900
MHz channels for RFID like you see on I-85 on the East Coast used to "tag"
big rigs.  It's the radomed 900 yagi pointing down at you from a pole over
the highway.

He's certainly an idea man.  

However, one attorney told me that the FCC changed some of their auction
methodologies - calling it the "crackhead rule" where his company allegedly
bid against itself to run up the cost of a particular license.  I guess the
thought pattern was to make it appear more "expensive" when it comes time to
flip it.  It can't be done that way any more unless you have a few dummy
companies set up in advance.  Gee, what company has done that recently?

Just my opinion...

Todd Ellis

-----Original Message-----
From: [email-masked] [mailto:[email-masked]] 
Sent: Saturday, May 01, 2004 5:35 AM
To: [email-masked]
Cc: [email-masked]
Subject: [NEXTEL-1] Re: [WFHSG] Robert M. Gurss, Esq. (APCO) & Raymond J.
Quianzon, Esq. On Mobex Communications, Inc. Emergency Motion for Extension
of Time

If  Havens Deploys VHF Tait SDR on the Automated Maritime Telecommunications
System as planned.
There will be quite a few carriers who will be unable to compete.
----------------------------------------------------------------------------
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From: [email-masked]
Date: Sat, 01 May 2004 07:51:29 -0400

True, true..............

I will be impressed if he can deploy SDR by 2005 as he says. I don't know what
wave forms he plans to support, but this will show the industry that SDR  it can
be deployed in reasonable amount of time.

 
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