To: slacker711 who wrote (19843 ) 3/4/2002 9:24:22 AM From: slacker711 Read Replies (1) | Respond to of 196654 NextWave's Actions Reflect Company's Optimism wirelessweek.com By Mark Rockwell March 4, 2002 Wireless Week WASHINGTON—The U.S. Supreme Court was poised late last week to decide whether to hear the FCC's appeal of a lower court ruling that let NextWave Telecom Inc. keep spectrum the commission reclaimed after the company declared bankruptcy. Meanwhile, NextWave itself was busy trying to assemble its data network infrastructure to ensure it can retain the bandwidth.The Supreme Court's Web site said the justices would take up the NextWave petition last Friday and sources following the case say those matters usually are decided in short order. Some say the court could issue a decision and explanation as early as today. The high court is set to take a two-week break starting Tuesday and is trying to clear as much business as possible before then. Some experts predict the court won't take the case because there are no constitutional issues at stake and no conflicting lower court rulings involved. Both are important criteria in the court's decision-making process. A decision not to hear the appeal essentially would leave the spectrum NextWave won at auction in 1996 in its possession. The company apparently is anticipating that outcome, which may explain why it is bolstering its network infrastructure. To that end, NextWave was given permission by a federal bankruptcy judge in New York to bid on $1 million in assets owned by the bankrupt Teligent Inc. Judge Adlai Hardin ruled Feb. 22 that NextWave could bid on the holdings of the former broadband and fixed wireless company. The same court oversees both Teligent's and NextWave's bankruptcy cases. NextWave says it will bid on Teligent's equipment and transmission facilities and other assets, such as various office locations, including a site in Detroit where it could install a PCS switch. "They are seeking to sell assets as part of their ongoing bankruptcy proceeding. We saw some items that would fit in nicely with our current network deployment effort, including a switch, and we've put in a bid on them," says NextWave spokesman Michael Wack. On Feb. 14, NextWave announced it had activated wireless networks in 60 markets across the country at a cost of $100 million. The company wouldn't specify what that meant or provide other details, but it called the action a significant step in the company's goal of establishing network facilities to support advanced CDMA packet technology and interconnect with the public data network. The company is obligated by FCC rules to build a network capable of using the spectrum it purchased or face losing it. Purchasing assets at fire sale prices would allow the company to establish its presence more quickly in many areas, analysts say. If you buy someone else's antenna, you can start selling services more quickly, says Mike Gill, director of research at Tejas Security Group. "You can say, 'Hey, it's built out,'" and avert having the spectrum taken back, Gill says.