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FCC v. Nextwave Communications, Inc.

Docket No.: 01-653
Certiorari Granted: Mar 4 2002
Argued: October 8, 2002
Decided: January 27, 2003
Consolidated with: No. 01-657

Topics:

Bankruptcy Code, Bankruptcy Act or Rules, or Bankruptcy Reform Act of 1978, Economic Activity, Bankruptcy, Administrative Procedure, Bankruptcy, Bankruptcy Code, EPA, FOIA, abuse of discretion, pension plan

PartyNames: Federal Communications Commission v. NextWave Personal Communications Inc., et al.
Petitioner: Federal Communications Commission
Respondent: NextWave Personal Communications Inc., et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: CA DC, 254 F.3d 130. QUESTION PRESENTED Whether Section 525 of the Bankruptcy Code, 11 U.S.C. ยง 525, prohibits the Federal Communications Commission from canceling a radio spectrum license where the agency has determined, in an exercise of its regulatory authority, thatsuch cancellation is necessary to ensure that licenses are granted to those most
Lower Court Decision
Supreme Court Docket

Federal Communications Commission
v.
NextWave Personal Communications Inc., et al.
537 U.S. 293 (2003)
Question:

Does section 525 of the Bankruptcy Code prohibit the Federal Communications Commission from revoking licenses held by a debtor in bankruptcy upon the debtor's failure to make timely payments owed to the FCC for purchase of the licenses?

FCC v. Nextwave Communications, Inc.
ORAL ARGUMENT

October 8, 2002

Holding: affirmed
Decision: Decision: 8 votes for Nextwave Communications, Inc., 1 vote(s) against
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