FCC Chmn. Powell told reporters after Thurs. agenda meeting that ...

to give Congress a deadline,” Powell said. “It is not better advised to give the Commission a deadline,” he said, alluding to Dec. 31 cut-off for congressional approval that had been part of settlement reached by govt. and industry on NextWave licenses last year. Congress failed to take action by deadline, causing that settlement agreement to expire. “We will make the right decision in the right amount of time,” Powell said. Companies that won NextWave licenses in re-auction year ago asked FCC earlier this month to refund $3.1 billion in down payments that agency had been holding without interest since Feb. 2000. Dozen carriers, including largest re-auction winner Verizon Wireless, said they were losing at least $430,000 per day of interest. Powell declined to comment on timing of deposit decision, but said things were in “lull” now as FCC moved forward on litigation front. Powell said during press briefing that it was important to recognize that on settlement, Congress was given very short window in which to act on proposal. And he said it’s unclear if Congress will be interested in taking up settlement agreement anew when it returns. “I think that at least is still a possibility,” he said. “But time doesn’t stand still.” In meantime, Supreme Court proceedings is still moving forward. “It makes it difficult to be both adversaries and negotiating parties at the same time.” Commission has petition for certiorari pending before U.S. Supreme Court on U.S. Appeals Court, D.C., ruling last year that overturned FCC’s cancellation of NextWave licenses for missed payment. Verizon Wireless has said it won’t entertain possibility of new settlement discussions until deposit repayment is resolved.