WASHINGTON-NextWave Telecom Inc. asked the U.S. Court of Appeals for the District of Columbia Circuit to stay the Dec. 12 scheduled re-auction of its licenses.
NextWave asked for the stay so the appeals court can rule on whether the Federal Communications Commission acted properly when the agency said in January that NextWave’s licenses had canceled because NextWave had not made timely installment payments while the company was in bankruptcy.
The bankrupt personal communications services C- and F-block licensee has proposed an expedited briefing schedule that it says will give the court opportunity to rule before Dec. 12.
The stay request comes a week after a similar request was made at the FCC, and NextWave asked the U.S. Supreme Court to hear argument on whether the U.S. Court of Appeals for the 2nd Circuit ruled properly when it said that license payments were not subject to bankruptcy.
