Company called N Y Telecom reiterated in FCC filing Thurs. its co...
Company called N Y Telecom reiterated in FCC filing Thurs. its concerns that Commission open for public comment pending NextWave requests on its PCS license build-out deadlines. NextWave made initial construction filings for most of its C-block licenses in…
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Jan. after FCC returned its previously cancelled PCS licenses last year. U.S. Appeals Court, D.C., reversed FCC ruling that had cancelled NextWave licenses for missed payment. In letter to FCC Wireless Bureau last month, NextWave said its initial construction filings in Jan., and subsequent ones for licenses other than C-block, met FCC rules. It said its construction requirements were timed by operation of law, meaning clock stopped on its build-out requirements during period of Jan. 2000-Aug. 2001, period during which its licenses were cancelled. NextWave said its construction clock stopped from Sept. 17, 2001, to Dec. 31, 2001, period covered by settlement agreement reached by govt., re-auction winners and NextWave that ultimately wasn’t approved by Congress. N Y Telecom has said that NextWave hasn’t met construction requirements and that FCC should open public comment period on NextWave filing. “At the most fundamental level, whatever the merits of NextWave’s arguments for receiving an extension or waiver of Commission’s construction requirements, it has offered no justification for having those arguments considered without an opportunity for public participation,” N Y. Telecom said: “Indeed, NextWave has not even justified why it did not follow the Commission’s rules requiring that extension requests be filed before the construction periods elapsed.”