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FCC v. NEXTWAVE PERSONAL COMMUNICATIONS INC.

No. 01-653.

537 U.S. 293 (2003)

FEDERAL COMMUNICATIONS COMMISSION v. NEXTWAVE PERSONAL COMMUNICATIONS INC. ET AL.

Supreme Court of United States.

Decided January 27, 2003.

Attorney(s) appearing for the Case

Acting Solicitor General Clement argued the cause for petitioner Federal Communications Commission in No. 01-653. With him on the briefs were Deputy Solicitor General Wallace, Jeffrey A. Lamken, William Kanter, Jacob M. Lewis, John A. Rogovin, Daniel M. Armstrong, and Joel Marcus. Jonathan S. Franklin argued the cause for petitioners Arctic Slope Regional Corp. et al. in No. 01-657. With him on the briefs was Lorane F. Hebert.

Donald B. Verrilli, Jr., argued the cause for respondents in both cases. With him on the briefs were Ian Heath Gershengorn, William M. Hohengarten, Thomas G. Hungar, Douglas R. Cox, Miguel A. Estrada, G. Eric Brunstad, Jr., and Deborah L. Schrier-Rape.

Laurence H. Tribe argued the cause and filed a brief for Creditors NextWave Communications, Inc., as amici curiae urging affirmance. With him on the brief were Charles Fried and Elizabeth Warren.†

SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ., joined, and in which STEVENS, J., joined as to Parts I and II. STEVENS, J., filed an opinion concurring in part and concurring in the judgment, p. 308. BREYER, J., filed a dissenting opinion, p. 310.

JUSTICE SCALIA delivered the opinion of the Court.

In these cases, we decide whether § 525 of the Bankruptcy Code, 11 U. S. C. § 525, prohibits the Federal Communications Commission (FCC or Commission) from revoking licenses held by a debtor in bankruptcy upon the debtor's failure to make timely payments owed to the Commission for purchase of the licenses.

I

In 1993, Congress amended the...

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