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From: Warren Havens (warren.havens@sbcglobal.net)

To: paul.middleton@taitmobile.com; Gareth.Richards@tait.co.nz
Date: Sun, November 15, 2009 3:57:47 PM
Cc: Marcello.Pagnozzi@etsi.org; Michael.Froehlich@etsi.org; mark.crosby@enterprisewireless.org;
jstobaugh@telesaurus.com; warrenhavens@mac.com
Subject: Legal notice. Tait false statements, legal violations, re TETRA and my companies

To: Tait Radio, Inc. and its parent Tait Electronics Ltd ("Tait"), and individually to Paul Middleton, VP of Marketing, Tait
Radio Communications.

Tait Radio, Inc., a Texas Corporation

"Tait Radio Communications"
15740 Park Row, Suite 450
Houston, Texas 77084
P. 281.829.3300 Ext. 8261
Paul.Middleton@taitmobile.com

Tait Electronics Ltd, via:

Via Gareth Richards, Communications Manager
Gareth.Richards@tait.co.nz

Cc: ETSI legal and TETRA representatives, for reasons indicated below.
Marcello.Pagnozzi@etsi.org
Michael.Froehlich@etsi.org

Cc: EWA: Enterprise Wireless Association, CEO Mark Crosby, for reasons indicated below
Mark.Crosby@enterprisewireless.org, and by hard copy

Mr. Middleton and Tait:

This is a legal notice for reasons given below.

1. You--herein meaning Mr. Middleton individually and Tait-- published the following "advocacy" via EWA:
www.enterprisewireless.org/advocacy/Tetra_Future.doc
A copy has been downloaded and retained by undersigned companies for purposes noted herein.
Companies hosting articles by third parties have potential liability if the article is unlawful.

2. On information and belief, you disseminated like information in other cases and by other means to the US private
radio market including parties therein with whom my companies and I have or seek economic relations.

3. The Motorola actions in blocking TETRA in the US violate US antitrust law, as well as eminent domain and other law,
as described by my Foundation at www.tetra-us.us. I have informed Tait in the past of these matters directly and via
this public website. Indeed, your article above is in response thereto.

4. Companies and persons who aid and abet Motorola in this also violate those laws. Tait engages in this, including as
noted herein.

5. The Motorola violations damage my companies as well as the subject US markets. By aiding and abetting Motorola,
Tait engages in and has liability for the same.

6. In this regard, in your article maintained by EWA at the above link, the following are among the deliberately false,
misleading, and otherwise unlawful and inequitable statements:

(1) The article responds to my companies initiatives at www.tetra-us.us and characterize my companies as
speculators in spectrum. Speculation in spectrum (buying it in auctions to sell off, rather than with serious intent and
capability to use, as you suggest) is contrary to the Communications Act, and also has negative market connotations.
You know and your audience know you are talking only about my companies and myself. Further, at no time did you
provide a copy of the above article to me or my companies.

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(2) You suggest that Motorola may lawfully block TETRA sales and use in the US (and that such blockage is the
future of TETRA), and that is false as extensively explained in www.tetra-us.us, including based upon the eminent
domain law described in the text therein and in some of the downloads (legal memos and cases) posted therein. The
law is clear and settled on this matter.

(3) You refer to Motorola-ETSI communication. You misrepresent ETSI (and in my view damage ETSI in the US
marketplace) and by such further engage in inequitable and unlawful action in the US including as follows:
- You only state the Motorola position to ETSI, and then pronounce that effectively blocks TETRA in the US.
- You withhold the other side: the ETSI position in the same communication, and its legal remedies indicated therein
including the well-publicized ETSI-member and ETSI-IPR polices (and as an ETSI member you must know of, on that
basis also) which is that the Motorola position you publicize violates ETSI IPR policy, and that ETSI and the European
Commission have various means to respond, which can include rejection of Motorola from ETSI and antitrust legal
action. Any such actions, or even their potential, can effect the Motorola TETRA blocking in the US that you have
obvious incentives to advocate.
- Since I believe that deliberately misrepresents ETSI, and also damages ETSI in the US, I copy ETSI legal and
TETRA representatives on this email.

(4) You falsely characterize TETRA, suggesting technical limitations that do not exist and other alleged undesirable
characteristics. You further characterize MPT1327 and DMR as radio technologies that are equal or superior to TETRA
and that is false technically, and is not supported in ETSI standards history and purposes, tech details, etc.). That is
also disproved in the international marketplace. (In addition, Tait publicly stated years ago that it chose not to pursue
TETRA for other reasons. And I was informed by Tait that included the high cost of developing this digital technology vs.
analog PMR.)

7. Further, as you know, I and my companies seek TETRA as the most proven, advanced, digital PMR solution for our
217-220 MHz FCC-licensed AMTS spectrum, our 220-222 MHz spectrum, and our 900 MHz spectrum nationwide.
TETRA makes equipment in these bands, but only using older, spectrum-inefficient and less- secure and -capable analog
technology (which TETRA replaces in much of the world), and indeed my companies were instrumental in that to a
degree. I suggested a number of times to Tait in years past that Tait develop TETRA in these bands, but TAIT declined
(see comment above). Tait has sold its analog equipment to companies that bought spectrum from my companies, and
seeks to sell more to those companies: companies to which, as Tait knows, I strongly advocate use of TETRA since it is
objectively far better than Tait's and others' equipment in our spectrum bands for these companies' purposes and most
other large and small PMR systems, and fixed private wireless systems.

Also, I and my companies have made our plans for nationwide wireless for intelligent or smart transportation, energy
grid, and environment fully public in our websites, in scores of public FCC and other governmental filings, in public APCO
meeting presentations, and by other publication. (This includes, as shown in FCC and other government records, our
donation of one-third of our licensed spectrum to the nonprofit Skybridge Spectrum Foundation that by State and IRS
law (in addition to FCC law) cannot be a "spectrum speculator" as Tait charges.) For these, we require the
characteristics of TETRA, as any person competent in PMR would easily comprehend by cursory review of our
publications just noted. And these are not forms of spectrum sale speculation as you state in your advocacy article cited
above.

The Tait actions indicated above were taken with knowledge and intent that they would seriously limit and damage the
US PMR market, my companies, and myself.

8. Trade and markets in PMR and private fixed radio are international. Restraint of trade and other unlawful and
inequitable trade practices in one country to extract unfair profit allow unfair competition in another country, including by
use of unlawful profits from the former to unlawfully subsidize the latter. Motorola and Tait engage in this by use of false
statements and other unlawful means to "effectively" (as Tait states in the above advocacy article) block TETRA in the
US, as discussed above.

For my companies and myself, I am giving to Tait and to Mr. Middleton individually this legal notice in case either or
both want to issue corrective public statements and mitigate damages.

Sincerely,
/s/
Warren Havens

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President
Skybridge Spectrum Foundation
Telesaurus & other LLCs
Berkeley California
www.telesaurus.com
www.atliswireless.com
http://www.tetra-us.us

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