Subject: [NEXTEL-1] THE FCC ORDER GRANTING RELIEF TO ELIGIBLE AUCTION NO. 35 BIDDERS

From: [email-masked]
Date: Thu, 14 Nov 2002 18:45:29 -0500

I. INTRODUCTION AND SUMMARY
1. In this Order, we resolve the issues raised in our September 12, 2002 Public Notice
and grant relief to eligible winning bidders in Auction No. 35 (“Eligible Auction 35
Winners”)  with respect to spectrum associated with licenses that had previously been
issued to NextWave Personal Communications Inc., NextWave Power Partners Inc.
(collectively “NextWave”) and Urban Comm-North Carolina, Inc. (“Urban Comm”).
Specifically, we will dismiss long-form applications for this spectrum and refund
associated down payments, as follows:
? Single election for dismissal of all applications.  Pursuant to an election by Eligible
Auction 35 Winners, we will dismiss with prejudice pending Auction No. 35 long-form
applications for spectrum associated with licenses previously issued to NextWave and Urban
Comm (“Pending Applications”).   Each winning bidder must make a single election covering
all of the licenses designated in its Pending Application(s) for licenses of
NextWave/Urban Comm spectrum to obtain such relief.
? Refund of deposits and waiver of default rules; no restrictions on future license
acquisition.  We will refund to payors of record pursuant to appropriate instructions down
payments associated with the dismissed applications; will waive default rules; and will
not impose any restrictions based on this relief on these bidders’ ability to acquire
spectrum in future auctions.
We believe the public interest is served by this plan of relief, which provides Eligible
Auction 35 Winners an opportunity for finality and certainty with respect to all
obligations involving the NextWave/Urban Comm Spectrum.  In addition, we delegate to the
Wireless Telecommunications Bureau (“Bureau”) and the Office of Managing Director the
authority and responsibility for expeditiously implementing this Order and the
accompanying procedures outlined in the Public Notice attached at Appendix B.

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