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Verizon Wants Full Refund As FCC Returns $2.8 Billion

Late yesterday, the Federal Communications Commission announced it is refunding 85 percent of the down payments paid by wireless operators in January of 2001 for additional spectrum originally issued to NextWave Telecom. An FCC spokesperson told the Bulletin that the refunds would be issued in "the next few weeks." The refund, primarily to Verizon Wireless, Alaska Native Wireless, and Salmon PCS, will total $ 2.8 billion, which is just 17 percent of the $ 16.3 billion the companies bid. However, the companies had only turned $ 3.3 billion over to the FCC at the auction as down payments and in January asked the FCC to return the money while the Supreme Court was deciding the case.

The Commission said it would consider the auction status as "pending" while the case is considered in front of the Supreme Court and that winning bidders are still "bound by their bid obligations." Verizon and others had claimed they were losing millions of dollars in interest while their down payments were sitting idly in the FCC's coffers. Verizon, for its part, wants to abandon the auction altogether and receive a full refund on its payments. A spokesperson for the company told the Bulletin that while "a return of 85% of our deposit is a step in the right direction. We have made no secret of our position that Auction 35 is void. Now that the Commission has announced its opinion about our position, we will look at options to resolve this difference of opinion."

When asked about pursing legal avenues to reclaim the balance, Verizon spokesman Jeffrey Nelson said, "We will keep all of our options open. . Even after the refund, the Commission will hold $ 260 million of our deposit money, and we've lost at least another $ 115 million in unpaid interest on our deposit. In addition, the FCC says we remain on the hook for $ 8.7 billion for licenses they haven't delivered and can't deliver. We need the slate wiped clean and get on with competing in our business."

 

 


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