U.S. Supreme Court Mon. granted extension until Feb. 1 for respon...
U.S. Supreme Court Mon. granted extension until Feb. 1 for responses to be filed on FCC’s request for review of U.S. Appeals Court, D.C., ruling that returned PCS licenses to NextWave. NextWave, Alaska Native Wireless (ANW) and VoiceStream had…
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backed additional time in interest of possibly reaching settlement agreement over licenses. Verizon Wireless had balked at request for 30-day extension, telling court Fri. that there was “no current prospect of the parties’ reaching a new settlement” and that proposed 30-day extension would cause it “irreparable harm.” Verizon had told court, however, it didn’t oppose 14-day extension, which is what Supreme Court granted Mon. Verizon acknowledged last week that it wasn’t interested in another round of settlement negotiations until deposit on NextWave licenses it made after Jan. 2001 reauction was returned. But several industry observers said backing of VoiceStream and ANW, designated entity that has financial backing from AT&T Wireless, could point to new shape that settlement prospects are taking. “It kind of shows where the rift is,” industry observer said. FCC filed petition for review at Supreme Court Oct. 19 over U.S. Appeals Court, D.C., ruling that overturned agency’s cancellation of NextWave’s licenses for missed payment. Congress ultimately failed to pass settlement agreement reached by NextWave, re-auction winners and govt. over licenses by Dec. 31 deadline. As result, that earlier agreement terminated at year-end, NextWave told high court. “An additional 30-day extension is needed to permit exploration of possible alternative settlement arrangements for resolving the dispute between NextWave and the government over NextWave’s rights to the spectrum licenses,” NextWave told court. Acting Solicitor Gen. Paul Clement indicated he didn’t object to request for more time, NextWave said. ANW and VoiceStream told Supreme Court that request for more time wouldn’t affect effort by Jan. 2001 re-auction winners to get deposits on their licenses returned by FCC. Filing was made by Arctic Slope Regional Corp., Council Tree Communications and VoiceStream. Arctic Slope was original intervenor in NextWave court proceedings. Arctic Slope and Council Tree are among managing members of what came to be ANW when re- auction was held. Carriers that won NextWave licenses in re- auction year ago -- including ANW, Verizon Wireless and VoiceStream -- asked Commission to refund $3.1 billion in down payments that agency has been holding for nearly year. ANW and VoiceStream argued to high court that: (1) Extension of time wouldn’t have “any bearing” on separate matter of refund from FCC on NextWave licenses. “Indeed, because this case would not be heard until next term in any event, we do not believe the requested extension would prejudice any party,” they said. (2) More time would help in exploring settlement options over license disputes. Carriers said they disagreed with Verizon Wireless that “there are no prospects for settlement at this time.” While not balking at shorter extension, Verizon Wireless had said it would suffer “irreparable harm” if court granted full 30-day request. Carrier told court that from its perspective, there wasn’t any current prospect of reaching new settlement over licenses.