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FCC files writ of certiorari in NextWave case

WASHINGTON—The Federal Communications Commission filed a petition for a writ of certiorari Wednesday afternoon to the U.S. Court of Appeals for the District of Columbia Circuit claiming the court “inappropriately injected the Bankruptcy Code into the heart of spectrum allocation decision,” when it ruled the commission could not revoke licenses from NextWave Telecom Inc. after it filed for bankruptcy.

The filling said the court’s decision was contrary to the Second Circuit’s decision, effectively awarded licenses valued at more than $15 billion to NextWave despite the FCC’s judgement that doing so would disserve the public interest.

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