FCC returns NextWave’s licenses

WASHINGTON—In a surprising, but perhaps legally necessary move, the FCC’s Wireless Telecommunications Bureau late Friday said it was returning NextWave Telecom Inc.’s licenses to active status.
“On Aug.30, the U.S. Court of Appeals for the District of Columbia Circuit issued the mandate implementing its holding that the Bankruptcy Code prevented the cancellation of licenses held by NextWave. Accordingly, the Wireless Telecommunications Bureau will update its licensing records to reflect the court’s mandate,” said a public notice issued by the Federal Communications Commission.
The wireless bureau did caveat the return of the licenses on the pending legal and regulatory matters and said the outcome of these proceedings “may affect the status of the involved licenses.”
NextWave was happy with the news. “The company appreciates the swift manner in which the wireless bureau has implemented the court’s mandate to return the licenses to active status and we intend to put the licenses into use as rapidly as possible,” said Michael Wack, NextWave’s senior vice president and deputy general counsel.
The FCC has indicated that it will officially ask the U.S. Supreme Court in September to review the D.C. Circuit’s ruling.