To: Wyätt Gwyön who wrote (38069 ) 8/16/1999 6:28:00 PM From: quidditch Read Replies (1) | Respond to of 152472
Nextwave motion: a more complete release through Reuters. This simply attests, as discussed, to the bankruptcy judge's assertion of jurisdiction in this matter. It does not imply that NXTL will never acquire part or all of the spectrum licenses, the FCC already having waived in advance its objections to enforcement of the terms under which the licenses were originally put up for auction. And we don't know on what terms the FCC "approved" NXTL's bid. On the other hand, the judge's ruling certainly does not hurt NextWave or the Q. It might also establish the basis for an interested party to intervene to contest, on statutory or constitutional grounds (separation of powers), the FCC's unilateral power to waive such terms of auction.Yahoo! NewsBusiness HeadlinesRelated QuotesNXTL 56 +1 3/4 delayed 20 mins - disclaimer Monday August 16 3:12 PM ET Judge Halts Nextel From Getting NextWave WASHINGTON (Reuters) - A bankruptcy judge issued an order preventing Nextel Communications Inc. (Nasdaq:NXTL - news) from acquiring the wireless licenses of bankrupt wireless telephone carrier NextWave Telecom Inc., NextWave said Monday. U.S. Bankruptcy Judge Adlai Hardin granted the motion late Friday on a request from NextWave, the Hawthorne, N.Y., firm said in a written statement. ''PCS spectrum licenses are subject to the exclusive jurisdiction of this court'' under federal law and ''cannot and will not be conveyed to or by any party without prior court approval upon proper application,'' the judge said in his decision granting a temporary restraining order and an injunction. Last week, Reston, Va.-based Nextel announced it had received permission from the Department of Justice and the Federal Communications Commission to acquire dozens of wireless telephone licenses that NextWave bought in 1997 after a government auction for new and small companies. After Hardin issued his order, the FCC declined to discuss any aspect of the case. ''Due to the posture of the proceedings in the bankruptcy court, we are not able to comment at this time,'' a spokesman said. NextWave holds 95 FCC licenses permitting it to serve areas with a total population of 165 million. NextWave said that under Federal Communications Commission rules, NextWave's wireless licenses cannot be acquired by large, established carriers such as Nextel, Nextwave said. ''Current FCC regulations prohibit a large, publicly traded company such as (Nextel) from owning or controlling, in any manner whatsoever, the kind of spectrum licenses the agency lawfully awarded to NextWave in 1997,'' NextWave said last week. NextWave bid $4.7 billion for the licenses, but like other top bidders at the small firm auction, ran into financial difficulties when it tried to raise enough money to cover its winning bids. Nextel had no immediate comment. Copyright © 1996-1999 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.