Sponsors of NextWave bill in Senate and Senate Commerce Committee...

auction, return of all deposits and freedom for companies that did opt-out to acquire spectrum in future. Sen. Kerry (D-Mass.), sponsor of S-2869 to allow auction opt-out, signed letter, along with principal co-sponsor Sen. Brownback (R- Kan.). Letter said potential $16 billion liability on companies was damaging wireless industry credit rating and was impeding carriers’ ability to take “interim steps, such as building out their networks further or leasing spectrum from others, that may be urgently needed to improve service for its customers.” It said there was no “sound policy sense” to hold carriers to liability when govt. couldn’t deliver spectrum. U.S. Supreme Court heard NextWave’s objections to FCC’s seizure of licenses after company failed to make payments (CD Oct 9 p1). In comments to FCC on opt- out plan, several carriers recommended that companies that did opt out should be forced to forgo participation in spectrum auctions for period of time (CD Oct 16 p1). Nextel recommended 3 years. Hollings isn’t listed as co-sponsor of legislation, but he has floated alternative language to bill that included longer time for companies to decide whether they want to opt out. Alaska Native Wireless urged FCC to provide 180-day period to allow opt out. Sen. Stevens (R- Alaska) said he had concerns about bill and Senate aides have told us he was seen as obstacle to passage. Senate aide told us bill wasn’t likely to pass with limited time left in Senate session. It has collected 59 co-sponsors. Senate returns Nov. 12, but length of lame-duck session hasn’t been announced. Senate aide also told us Sen. Biden (D-Del.) had placed hold on bill for reasons unrelated to issue. Biden also is listed as co-sponsor.