NextWave urged FCC in filing Thurs. to reject petition by N Y Tel...

FCC. NextWave asked that Commission confirm it already had met broadband PCS construction requirements on licenses for which it had filed build-out demonstrations. It also described extent to which certain build-out deadlines were extended in settlement agreement reached last fall by NextWave re-auction winners, NextWave and U.S. One thrust of filing on some construction deadlines was that carrier couldn’t have built out licenses during period when Commission had cancelled them and re-auctioned them to other carriers (CD May 28 p6). NextWave said Thurs. that settlement agreement, which expired when Congress failed to pass implementing legislation by Dec. 31, 2001, still modified certain construction deadlines under provisions structured to remain intact even if settlement agreement itself was terminated. N Y Telecom petition is “meritless” and “seems designed for little more than harassment,” NextWave said: “Failure to abide by these written commitments now would violate due process and fundamental norms of administrative law, would be arbitrary and capricious, and would call into question the Commission’s institutional integrity.” NextWave also told FCC that seeking public comment on issues raised by N Y Telecom would “produce nothing other than needless delay and wasteful expenditures of time and money.” NextWave asked FCC to reject N Y Telecom petition and “immediately” approve construction compliance demonstrations filed by bankrupt carrier. It said that “sister company” of N Y Telecom, Eldorado Communications, had filed petition last Nov. that raised concerns about closed-door negotiations on settlement agreement. NextWave said FCC still moved ahead to approve pact. In Jan., NextWave said Eldorado filed petition challenging Commission decision to refund part of deposits to NextWave re-auction winners. Commission rejected Eldorado petition as lacking standing. “Now petitioner has filed again, raising the same frivolous claims presented in its initial petition and demonstrating no greater connection to the requested action than it did in its second petition,” NextWave said. It said it had made filings under existing construction deadlines that showed it had complied with build-out rules for all its C-, D- and E-block markets. Company said it planned to file compliance demonstrations for its F-block markets in coming months on timely basis.