Eldorado Communications, which competed with NextWave for PCS lic...

auction, took issue with attempt by carriers to rescind deposits on re-auction licenses “but not, apparently, their bids.” Wireless carriers that won NextWave licenses in re-auction year ago asked FCC this month to refund $3.1 billion in deposits that agency had been holding without interest for nearly a year. Eldorado last year had opposed settlement involving licenses reached by NextWave, wireless carriers and U.S. govt., that fell apart late last year when it failed to win congressional approval. In opposition to refund request, Eldorado objected to what it called carriers’ efforts to maintain claims to licenses but to receive refunds of down payments. “Only then, some of them claim, will they be willing to begin settlement negotiations anew,” opposition filing said. Refund at this point would go against FCC precedent and “perpetuate the special treatment afforded these companies when the Commission agreed to the terms of the settlement,” Eldorado said. “There is nothing in the instant petition to suggest that the return of these payments would, in and of itself, do anything to advance the public interest.” Eldorado CEO Will Yandell said: “This is a classic case of wanting to have your cake and eat it, too, only this time it’s the public’s cake.” Eldorado argued that NextWave bid up prices on C- block licenses and FCC later gave carriers options to return licenses “at substantial cost.”