Federal Communications Commission v. Nextwave Personal Communications Inc. et al. (537 U.S. 293)
U.S. Supreme Court · decided January 27, 2003 · Supreme Court Database (Spaeth)
- Citation
- 537 U.S. 293 · 123 S. Ct. 832
- Decided
- January 27, 2003
- Term
- October Term 2002
- Vote
- 8–1
- Majority author
- Justice Scalia
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
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 Communications Act of 1934 to authorize the FCC to award spectrum licenses “through a system of competitive bidding.” 48 Stat. 1085, as amended, 107 Stat. 387,47 U. S. C. §309(j)(1). It directed the Commission to “promot[e] economic opportunity and competition” and “avoi[d] excessive concentration of licenses” by “disseminating licenses among a wide variety of applications, including small businesses [and] rural telephone companies.” § 309(j)(3)(B). In order to achieve this goal, Congress directed the FCC to “consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments ... or other schedules or methods . . . .” § 309(j)(4)(A). The FCC decided to award licenses for broadband personal communications services through simultaneous, multiple-round auctions. In re Implementation of Section 309(j) of the Communications Act — Competitive Bidding, 9 FCC Red. 2348, ¶¶54, 68 (1994). In accordance with §§309(j) (3)(B) and (4)(A), it restricted…
Excerpt of a 26,139-character opinion. The full text and citation network load in the interactive viewer above.