WASHINGTON-The re-auction of bankrupt NextWave Telecom Inc.’s licenses will go forward, a federal appeals court ruled last week.
“Today’s action is another important step toward making the wireless Web available to consumers. We look forward to conducting the C-block auction on Dec. 12,” said William Kennard, chairman of the Federal Communications Commission.
“As a practical matter, all parties would be better served by resolving the issues prior to any re-auction. … In a period of widespread concern over wireless values, it is unnatural to overlay the auction with a legal cloud on the licenses. The commission should stay the auction on its own motion in the public interest,” said Michael Wack, NextWave deputy general counsel.
NextWave had asked the U.S. Court of Appeals for the District of Columbia Circuit to stay the re-auction of 422 C- and F-block personal communications services licenses until the litigation-including two U.S. Supreme Court appeals-has been completed. The FCC countered by saying that carriers that win the licenses at re-auction do so knowing of the pending litigation. The bankrupt entity has also pursued many and varied legislative remedies.
