M&M - complex weave of the current issues indeed. What I found interesting was some gaps where they didn't seem to shine their light. That being, they did not mention the Federal Court remand that the FCC take into account the buildouts that Fibertower made as substantial progress. (They were not required to build out all of the licenses 100% or lose them. It's a work in progress, and sure it would be nice if they could have built out ALL of their licenses, but this is the real world.)
Next, M&M didn't mention the Bankruptcy Court ruling that put the licenses on hold also. The licenses are real property, not something that automatically reverts to M&M, in my opinion (little as that decides anything.) Bottom line is I don't think the Bankruptcy Court said that the FCC could just 'revert or hand over the licenses to somebody other than Fibertower, nor can the FCC auction those licenses until they make a full decision on the merits of Fibertowers claims taking into account the buildouts that were submitted.
M&M seems to be living in some past world, where the rules were different, and they ask the FCC to overlook more recent FCC decisions that moved the goal posts where they are today. M&M wants to turn the clock backwards.
The ball is now served over to AT&T / Fibertower to smash it back, but I don't think M&M has any back swing remaining after using their best shot here.
All that, but it was refreshing to see M&M at least submit a detailed exparte that could stand as a good example of 'Transparency' in government regulation that otherwise has been seldom seen. I like their openness.
