[CWN-Summit] RE: [Unlicensed_advocates] RE: [Openspectrum] Spectrum updates

[Harold Feld]

At 06:59 PM 6/29/2005, Patrick Leary wrote:

>Two, the Commission has not "shunned" all the work we involved with WiMAX
>have done. That is only the assumptions of those that have not been involved
>in the proceedings or otherwise not plugged in to the thinking of those on
>the Commission who have authored the R&O. [NOTE: Harold, I do not believe
>there is any ex-parte filing, since Alvarion (dumbly in my view) does not
>retain legal representation in DC nor was any attorney on our side present.

As it happens, an ex parte was filed.  But please keep in mind that FCC 
Rule 1.1201 et seq.
Require any party making a presentation in an open "permit but disclose" 
proceeding to file a written summary of any oral ex parte presentation to 
staff, what we generally short hand as an "ex parte."  This is not only 
important for general openness of the proceeding.  If your presentation was 
indeed persuasive, the FCC could not use it unless there was some written 
record of it available as part of the record of the proceeding.

I know you guys don't retain counsel, but you should definitely be aware of 
this and make sure someone is filing the requisite ex parte summary after 
any meeting or phone conversation with any commission staff on an open 
proceeding (there are a few limited exceptions, most notably if the contact 
is a mere "status check", i.e., "so, when are you likely to issue an 
order," there is no need for an ex parte).

Harold