FCC last week told U.S. Appeals Court, D.C., that it opposed requ...

$3.1 billion in down payments from auction, Verizon Wireless earlier this month had asked court to clarify that re-auction was unlawful. In filing opposing that request, FCC said: “Verizon has acted consistently to preserve the auction and it should not now be allowed to reverse course.” Commission said it was “committed to resolving promptly” Verizon’s refund request and court didn’t have to intervene. Court’s original NextWave decision didn’t compel relief that Verizon Wireless seeks, Commission argued. “In reality, Verizon wants not enforcement of the mandate but an ordinary writ of mandamus,” FCC told D.C. Circuit. “The standard for such relief is high -- clear entitlement -- and Verizon has not met it.” Commission noted that it had warned Verizon “well before” re- auction of NextWave’s PCS licenses that there was potential for litigation-related delays in licensing and agency’s “intention to retain auction deposits until all of the proceedings were final, which they are not.” FCC has petitioned U.S. Supreme Court to review D.C. Circuit’s decision. “Verizon entered the auction with open eyes and was willing to face that risk (and presumably made bids reflecting that very risk factor),” FCC said: “It should not now be excused because the gamble did not pay off as expected.” Commission said it had Verizon’s refund request under “active consideration.” As soon as “practicable,” it said it planned to take whatever steps were reasonable to protect its interests and those of re-auction participants. Also, if Supreme Court doesn’t grant certiorari in NextWave case, “the deposits will be returned as soon as possible,” agency said.