U.S. Appeals Court, D.C., turned down request by Verizon Wireless...

pending U.S. Supreme Court case plays out. On Fri., D.C. Circuit set out schedule that included Nov. 22 filing date for appellant brief, Dec. 9 for friend-of-court brief, Jan. 8 for FCC brief. Final briefs are due Feb. 27 and oral argument remains scheduled for April 15, 2003. Court granted permission for Salmon PCS, which has some financial backing from Cingular Wireless, to file friend-of- court brief. Verizon Wireless had filed motion, unopposed by FCC, to expedite court proceedings at D.C. Circuit, so final briefs would be filed by Aug. 30, with oral argument soon after that. Verizon Wireless had sued Commission earlier this year in D.C. Circuit and Court of Federal Claims over pending NextWave license obligations. In Court of Federal Claims, U.S. govt. has sought additional time, until Aug. 26, to respond to Verizon’s complaint, which was filed in April. Govt. already had received 60-day extension from June 4, making its response due today (Mon.). Verizon told Court of Federal Claims on Fri. that it opposed anything other than 2- week extension of time for agency to file. “We understand -- contrary to our expectation when we stated our nonobjection to a 14-day further enlargement -- even on August 26 the United States plans to file only a motion to stay proceedings, rather than a response that joins the issues in this action,” Verizon told court. Verizon reiterated its concerns that it must pay full $8.4 billion in its NextWave re-auction obligations if FCC ultimately prevails in Supreme Court appeal in reclaiming disputed PCS licenses from NextWave. “The FCC’s threat to require Verizon Wireless to pay the remaining $8.4 billion on 10 days’ notice freezes Verizon Wireless from taking the steps it would otherwise rationally take to meet its need for more spectrum to serve its growing business,” carrier said. “The licenses it sought to buy in the auction contract are unavailable because the FCC cannot deliver them.” In its filing at D.C. Circuit, FCC said it was seeking until Aug. 26 to file motion to stay proceedings, partly because there were 3 “procedurally complicated,” related court actions pending before D.C. Circuit, Court of Federal Claims and Supreme Court. Govt. said delay also was warranted because of high degree of coordination needed among and within Justice Dept. and FCC. Govt. said “Verizon’s action in this court is only the latest in a long series of litigation maneuvers which Verizon has undertaken in multiple fora,” which are tied to upcoming Supreme Court proceedings and D.C. Circuit decision. Supreme Court has scheduled oral argument for Oct. 8.