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Senators urge FCC to allow NextWave re-auction winners to opt-out

WASHINGTON-Three senators have urged the Federal Communications Commission to allow the re-auction winners of bankrupt NextWave Telecom Inc.’s licenses to opt-out of their bids.

“We continue to be concerned as to carriers’ ongoing contingent liability to pay their bid amounts totaling nearly $16 billion on 10 days notice. . At a time when the telecommunications industry is suffering its worst downturn in years, it does not make sound policy sense to hold carriers to billions in contingent liabilities when the government has not been able to deliver the licenses to the carriers and it is unclear whether the government ultimately will be able to do so,” said Sens. Ernest Hollings (D-S.C.), John Kerry (D-Mass.) and Sam Brownback (R-Kan.).

All three senators are members of the Senate Commerce Committee with Hollings serving as chairman.

The comment round on the FCC’s September proposal that hinted the commission was willing to let the re-auction winners opt-out of their bids is closed but it is unclear whether the agency will go forward before the Supreme Court rules in the NextWave litigation. The Supreme Court heard oral argument in the case on Oct. 8 and a decision is expected early next year.

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