Alpine PCS Loses Federal Circuit Appeal
The U.S. Court of Appeals for the Federal Circuit rejected claims by Alpine PCS that the FCC’s 2002 cancellation of spectrum licenses meant the agency breached contractual obligations and the cancellation was a taking for which Alpine was entitled to…
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just compensation under the takings clause of the Fifth Amendment. “The Court of Federal Claims dismissed both of Alpine’s claims for lack of jurisdiction,” wrote Judge Richard Taranto. “We affirm, concluding that the Communications Act provides a comprehensive statutory scheme through which Alpine could raise its contract claims and could challenge the alleged taking and receive a remedy that could have provided just compensation in this case, foreclosing jurisdiction under the Tucker Act.” The Tucker Act waives U.S. sovereign immunity in certain lawsuits. The FCC awarded the licenses to Alpine in 1996 and they were canceled six years later after Alpine failed to make required payments, the court said. Alpine didn't comment.