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

To: Phil Kidner; Phil Godfrey; Bernt.Mattsson@etsi.org; Erik.Jansen@etsi.org
Date: Wed, November 18, 2009 6:57:09 AM
Cc: David W Taylor; Roland van der Boom; Lance Lucas; jstobaugh@telesaurus.com;
warrenhavens@mac.com
Subject: Motorola US patents for TETRA- availability for licensing at this time

TETRA Association
Phil Kidner, CEO
Phil Godfrey, Chariman

ETSI - European Technical Standards Institute

Bernt Mattson, Technical Officer for TETRA
Erik Jansen, Legal Affairs Director

cc: as indicated.
bccs: other interested parties.

Gentlemen,

Beginning in year 2006, I communicated with your associations regarding the question posed below in this email. I
submitted various requests orally and in writing, including a formal complaint to ETSI in February 2007. I explained to
your associations, and publicly in www.tetra-us.us, certain US law applicable to this matter, and legal consequences.

I am again seeking (for the US markets and purposes noted previously and again noted below) an answer from your two
entities or associations as the authorities on TETRA under your public statements and marketing.

I saw the below on the current website of your member, Motorola, Inc.--
http://business.motorola.com/publicsafety/licensing/programs_tetraessentials.html
The web page above includes:
-----
".... Motorola’s TETRA Essentials Licensing program grants rights to
Motorola’s TETRA I and TETRA II Essential patent families.
Since Motorola’s patent portfolio is large and expanding, additional patents
determined to be essential to the TETRA standard are occasionally identified.
Once identified, Motorola declares the patent to ETSI and TETRA licensees auto-
matically gain access to these patents without additional cost or administrative burden...."
-----
Said web page, including the statement above, does not indicate any exclusion of United States ("US") patents.

Question to ETSI and the TETRA Association severally:

Does Motorola now agree to license its US patents for TETRA, as a straight forward reading of the above web page
would conclude, or not?
- Is that information publicly available, or only available to your association's boards, officers, and/or members on some
restricted or confidential basis?
- If for any reason you cannot provide to me the answer, can you please direct me to the Motorola, Inc. ("Motorola")
representative (name, title, office address, email, fax, phone, etc.) that has the authority to answer that question, if
Motorola chooses to answer it?

Please respond by the end of this week.

It is a simple question and you are the leading authorities.
Also, there are certain pending matters in the US for which this information at this time is needed.

In regards to this question, while the public statements by both ETSI and the TETRA Association regarding core
purposes include promotion of the standard worldwide with no restrictions, in this case the TETRA standard and
equipment thereunder, I have been privately (but with no confidentiality obligation) informed in the past in writing by both

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ETSI and the TETRA Association that I am not entitled to and will not be provided to an answer to the above and similar
questions, since those are private internal matters among the members, including Motorola, and I do not represent
member entities (but, as you know, seek TETRA for the United State markets including for my companies that hold
nationwide FCC licenses for intelligent transportation systems, and other PMR). Rather, I was first informed by both
ETSI and the TETRA Association that they would confer with Motorola on this question and then let me know the
answer, but after my repeated attempts, I was later informed by both ETSI and the TETRA Association that I would not
be provided any such answer.

However, since I recently saw the webpage cited above, and on that page your member Motorola appears to stand
ready to license any of its patents for TETRA (without exclusion of its US patents) I am asking this question again, in
case either of your entities chose to answer this question at this time.

As with my past inquiries, this not a confidential inquiry and any responses, or lack thereof, will not be treated
confidentially. As in the past, the basis of my inquiry is: on my side, US public interest and legal compliance, and on your
side, the public positions of your associations: openness, promotion of open-standard TETRA internationally, member
policies to secure the preceding, applicable laws of the UK and France pertaining to nonprofit legal entities, etc.

Sincerely,

/s/
Warren Havens
President
Skybridge Spectrum Foundation
Telesaurus, Environmentel, Verde Systems, & other LLCs
Berkeley California
www.telesaurus.com
www.atliswireless.com
www.tetra-us.us

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