Subject: [NEXTEL-1] Ouch! Nextwave Ruling Reverberates at The FCC

From: [email-masked]
Date: Wed, 13 Aug 2003 04:28:55 -0400

Ouch! Nextwave Ruling Reverberates at The FCC
FCC concedes Airadigm protected under bankruptcy
By Heather Forsgren Weaver
August 12 13:06:00, 2003

WASHINGTON—The FCC’s Wireless Telecommunications Bureau said Aug. 8 that the 15
licenses owned by Airadigm Communications Inc., a bankrupt PCS C- and F-block
licensee in Iowa and Wisconsin, did not cancel when Airadigm filed for bankruptcy
and did not make a timely installment payment in 1999.

“In light of the U.S. Supreme Court’s decision in the case involving bankrupt
NextWave Telecom Inc., we grant Airadigm’s motion and clarify that, because
Airadigm was under the protection of the Bankruptcy Code, the Federal
Communications Commission’s automatic cancellation rule was ineffective,” wrote
WTB Chief John Muleta.

The Airadigm order was made widely available Aug. 11.

Airadigm is the only C-blocker to actually turn on service to customers and then
go bankrupt. As such it argued for special consideration, but its situation was
held in limbo at the FCC while the agency and NextWave argued before various
courts and finally at the Supreme Court, which sided with NextWave. NextWave (and
Airadigm) had argued that it was not required to make installment payments while
undergoing bankruptcy reorganization.

http://rcrnews.com/cgi-bin/news.pl?newsId=14678

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