Verizon Wireless reiterated late Fri. to U.S. Appeals Court, D.C....

week (CD Feb 25 p8) that opposed request by carrier that court clarify that Jan. 2001 re- auction of NextWave licenses was unlawful. Agency has contended that Verizon Wireless had acted consistently to preserve auction results, for example by signing settlement agreement that expired Dec. 31 when congressional approval wasn’t obtained. FCC told court Verizon shouldn’t now be allowed to change course and that deposit refund issue would be resolved soon. “The FCC cannot decide for itself when and to what degree to comply with this court’s mandate,” Verizon said in reply to FCC’s response: “This court’s judgment is the law and the Commission may not disregard it.” Verizon said FCC had told court that public notices about auction stipulated that licensing decisions would be contingent on outcome of pending litigation. Verizon disputed extent to which that “could trump the effect of the mandate” of D.C. Circuit decision in NextWave that returned wireless licenses to bankrupt carrier. “The only risk the notices assigned to the winning bidders was that they might have to surrender the licenses if NextWave prevailed in this court, not the risk that the government would hold billions of dollars of their money without paying interest until every avenue available in litigation had been exhausted,” Verizon said. FCC has petitioned U.S. Supreme Court to review D.C. Circuit’s decision in NextWave. “The Commission’s suggestion that Verizon Wireless comes to this court with ‘unclean hands’ because last year it assisted the Commission’s efforts to obtain legislation to effect an Auction No. 35-mirroring settlement is incorrect (and ungrateful),” Verizon said. “The settlement terminated by its own terms on December 31, 2001.”