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Eldorado Communications said Fri. it planned to seek review of FC...

Eldorado Communications said Fri. it planned to seek review of FCC decision to return 85% of deposits by winners of Jan. 2001 PCS re-auction (CD March 28 p1). Eldorado, which had competed with NextWave in original C-block auction, had…

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opposed carrier’s refund request, contending it would amount to unfair and discriminatory treatment of Eldorado and minority-owned and small businesses that were intended to benefit from PCS auction. FCC order concluded Eldorado lacked standing to challenge refund request. Eldorado, which filed for bankruptcy protection after auction, had returned C-block licenses it won in bidding and agreed to forfeit money already paid. “We think the FCC is wrong on the question of our legal standing and wrong in balancing the equities between the giant carriers, who got their money back at no risk to their licenses, and the small businesses, who had to forfeit their licenses and lose their deposits,” Eldorado CEO Will Yandell said. Eldorado Managing Dir. Stephen Roberts said although company would seek review of FCC order, it continued to believe Commission should encourage settlement of NextWave dispute “as long as the small businesses who were injured by NextWave’s conduct are included.”