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

From: Marcel <[email-masked]>
Date: Thu, 14 Nov 2002 18:43:29 -0500

FCC ADOPTS ORDER GRANTING RELIEF TO ELIGIBLE AUCTION NO. 35 BIDDERS

 Washington, DC – The FCC today announced that eligible Auction No. 35 winning bidders
that request dismissal of their pending applications will be relieved of their bid
obligations and receive a full refund of their deposits.

 The relief granted today applies only to Auction No. 35 winning bidders of licenses for C
and F block Personal Communications Services spectrum that had previously been licensed to
NextWave Personal Communications Inc., NextWave Power Partners Inc., or Urban Comm-North
Carolina, Inc.

 On March 26, 2002, the Commission adopted an Order refunding approximately $2.8 billion
to the Auction No. 35 winning bidders that had not yet received their licenses, but it
retained an amount equal to three percent of the net winning bids for these licenses and
maintained the pending status of the applications for these licenses.  On September 12,
2002, the Commission issued a Public Notice asking for comment on possible options for
further action concerning the pending license applications.

 In an Order adopted today, the Commission announced it will waive default rules for
bidders that elect the relief granted today.   The Order also imposes no restrictions on
electing bidders’ ability to acquire such spectrum in future auctions.  Eligible winning
bidders must make an election not later than 45 days from the release of today’s Order,
which also includes procedures for requesting dismissal and refunds and Department of
Justice approval.

 The Commission said that although the Commission is under no legal obligation to provide
relief to these entities, the public interest is served by this plan of relief, which
provides eligible Auction No. 35 winners an opportunity for finality and certainty.
Noting that the telecommunications industries have been undergoing serious economic
difficulties, the Commission said that granting this relief to Auction No. 35 bidders may
help consumers by promoting greater stability in the wireless sector and allowing the
companies to redirect their capital and focus their resources on providing communications
services.

Action by the Commission November 14, 2002, by Order and Order on Reconsideration (FCC
02-311).  Chairman Powell, Commissioners Abernathy and Copps, with Commissioner Martin
approving in part and dissenting in part; Chairman Powell and Commissioners Abernathy and
Martin issuing separate statements.
- FCC -

Wireless Telecommunications Bureau Contact:  Bill Huber at (202) 418-0660, e-mail:
[email-masked].

WT Docket No. 02-276

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