YOU ARE AT:Archived ArticlesGovernment gets extension to file NextWave appeal with Supreme Court

Government gets extension to file NextWave appeal with Supreme Court

WASHINGTON—The U.S. government has been granted a 30-day extension in which to officially ask the U.S. Supreme Court to review a federal appeals court’s ruling reversing actions regarding bankrupt NextWave Telecom Inc.’s licenses.

The Department of Justice, filing on behalf of the Federal Communications Commission, must now submit its appeal, known as a writ of certiorari, by Oct. 19. It was originally due on Sept. 22. The government had asked for an eight-day extension given the attacks of Sept. 11 but was given more time as the Supreme Court granted all extensions 30 days regardless of the request.

The U.S. Court of Appeals for the District of Columbia Circuit ruled on June 22 that the FCC erred when it canceled, re-allocated and re-auctioned NextWave’s licenses for nonpayment. NextWave was protected by the Bankruptcy Code, said the appeals court.

ABOUT AUTHOR