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Verizon appeals FCC’s decision to return deposits

WASHINGTON—Verizon Wireless appealed a decision by the Federal Communications Commission (FCC) last month to return 85 percent of the deposits for the winning bids for licenses held by NextWave Telecom and Urban Communicators PCS.

“Verizon Wireless seeks relief on the grounds that the FCC has improperly decided its own contract rights, specifically (though not exclusively) violating the express and implied terms of the FCC’s contract with Verizon Wireless,” said Verizon in a petition filed at the U.S. Court of Appeals for the District of Columbia Circuit.

Verizon Wireless asked that the case be directed to the same panel of D.C. Circuit judges that decided on 21 June the FCC erred when it canceled, reallocated and re-auctioned NextWave’s licenses.

The notice of appeal in the D.C. circuit followed a 5 April filing at the Court of Federal Claims urging return of all of its deposits and a declaration that the re-auction of the NextWave and Urban Comm licenses is null and void.

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