VoiceStream filed motion with U.S. Appeals Court, D.C., last week...

that returned 85% of NextWave re- auction deposit and covered agency’s refusal to release carrier from its obligation to pay “on 10 days’ notice” $8.4 billion for licenses won in NextWave re-auction if Commission prevailed in litigation now pending before U.S. Supreme Court. Last year, D.C. Circuit reversed FCC decision to cancel NextWave’s licenses for missed payment, leading to return of that spectrum to bankrupt C-block bidder. Ruling had result of overturning re-auction of NextWave licenses, which generated nearly $16 billion from bidders such as Verizon Wireless, Cingular Wireless, Salmon PCS. VoiceStream said in filing that Commission had rejected Verizon argument that it should be allowed to avoid its obligation to pay full amount of its winning bids for licenses of NextWave and Urban-Comm, “regardless of the outcome of the pending litigation.” VoiceStream said it was high bidder for spectrum formerly licensed to NextWave and Urban-Comm and had joined Verizon Wireless and other re-auction winners at FCC in requesting refund of their down payments. “As such, VoiceStream will be adversely affected if the court does not modify or set aside the FCC’s order,” carrier said. In pending Supreme Court case, VoiceStream filed intervening brief on side of FCC along with Arctic Slope Regional Corp. and Council Tree Communications. Those carriers argued in brief last week that D.C. Circuit “erroneously” had allowed U.S. Bankruptcy Code to trump FCC’s “regulatory mission” in NextWave case.