Cingular, in an FCC filing, balked at criticism by Nextel and oth...
Cingular, in an FCC filing, balked at criticism by Nextel and others of a waiver request by Cingular and NextWave on their proposed license transfer. Cingular is buying 34 PCS licenses from NextWave in a $1.4 billion deal that…
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was approved by U.S. Bankruptcy Court, White Plains, N.Y. The proposed transfer of licenses filed at the FCC included a request that the Commission waive parts of its rules on designated entity restrictions. Nextel said in that under the FCC’s unjust enrichment rules, Cingular couldn’t be assigned the licenses until the agency was paid in full, including unpaid principal and all unpaid accrued interest. Nextel said that would raise the total of what the Commission would receive to $884 million, compared with the court- approved deal which gives the agency $714 million. Cingular told the FCC it should dismiss comments by Nextel and a petition to deny filed by Eldorado Communications. It said Nextel hadn’t backed up its charges with an affidavit, including character allegations about how Cingular handled public safety interference problems in Anne Arundel County, Md. Nextel’s challenge to Cingular’s character qualifications to hold the licenses doesn’t involve “misrepresentation or lack of candor with intent to mislead the FCC,” Cingular said. It also doesn’t meet the required elements of a character qualification case of establishing a pattern of willful violations of the Communications Act or FCC rules, Cingular said.