To: Art Bechhoefer who wrote (3625 ) 10/11/2000 9:51:52 AM From: Jeff Vayda Respond to of 196981 Supreme No Doesn't Stop NextWave They just keep trying. (Thanks to Phillips Telecon) Jeff Vayda NextWave Telecom just won't take no for an answer. The company that filed for bankruptcy protection while attempting to launch wireless service said it will submit another appeal to the Supreme Court after the high court today refused to consider to regain spectrum licenses from the FCC. FCC Chairman William Kennard said the Supreme Court's action keeps the commission on schedule for a Dec. 12 auction of wireless spectrum licenses originally acquired by NextWave. "This is another chapter closed,'' Kennard said. NextWave doesn't agree. The Hawthorne, N.Y.-based company has another appeal awaiting action by the Supreme Court, said NextWave spokesman Michael Wack. The FCC, Wack added, shouldn't sell NextWave's licenses until the case is resolved. NextWave bid $4.7 billion for 63 C- and F-block licenses in 1996, but the company filed for bankruptcy protection in 1998. In the appeal turned away today by the Supreme Court, NextWave argued a federal bankruptcy court has authority to let it keep the licenses at a lower cost than it originally bid for them. After the FCC refused to lower the amount NextWave would have to pay for the licenses, a bankruptcy judge ruled the company could keep the licenses at a cost of $1 billion. The 2nd U.S. Circuit Court of Appeals last December, however, reversed the bankruptcy court's order. In the meantime, NextWave filed papers in bankruptcy court indicating it had raised enough money to pay for the licenses in full and emerge from bankruptcy. But the FCC said in January the licenses automatically returned to the commission for re-auction when NextWave failed to meet its payments. Malcolm Spicer