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IN RE NEXTWAVE PERSONAL COMMUNICATIONS, INC.

Bankruptcy No. 98 B 21529(ASH). Adversary No. 98-5178A.

235 B.R. 277 (1999)

In re NextWAVE PERSONAL COMMUNICATIONS, INC., et al., Debtors. NextWave Personal Communications, Inc., Plaintiff, v. Federal Communications Commission, Defendant.

United States Bankruptcy Court, S.D. New York, White Plains Division.

May 12, 1999.

Attorney(s) appearing for the Case

Andrews & Kurth L.L.P., by Deborah L. Schrier-Rape, Gregory Bevel, Dallas, TX, for plaintiff/debtor.

Mary Jo White, United States Attorney for the Southern District of New York, by Daniel S. Alter, Jeffrey Oestericher, Wendy H. Schwartz, Andrew S. Schilling, New York City, for defendant.

DECISION ON CONSTRUCTIVE FRAUDULENT CONVEYANCE CLAIM

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

In January 1997 defendant Federal Communications Commission ("FCC") awarded to plaintiff-debtor NextWave Personal Communications, Inc. ("Debtor" or "NPCI") 63 C block licenses for radio spectrum for personal communications service ("PCS") based on NPCI's winning bids aggregating $4.7 billion in the C block auction and reauction ending in May and July 1996...

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