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Bankruptcy Keyed to Levitan, 3rd Ed.
Airadigm Communications, Inc. v. Federal Communications Commission (In re Airadigm Communications, Inc.)
Citation:
519 F.3d 640 (2008)Facts
In 1996, Airadigm successfully bid for fifteen PCS licenses in an FCC auction, agreeing to pay for them in quarterly installments over a ten-year period. Airadigm paid 10% of the purchase price upfront, signed promissory notes, and executed security agreements. By 1999, Airadigm faced financial difficulties and filed for Chapter 11 bankruptcy. The FCC cancelled Airadigm’s licenses and filed a proof of claim for $64.2 million. The 2000 reorganization plan proceeded under the assumption that the licenses were validly cancelled, though it included contingencies if the FCC reinstated them. In 2003, the Supreme Court’s NextWave decision held that the FCC could not cancel licenses solely due to bankruptcy, and the FCC subsequently reinstated Airadigm’s licenses. In 2006, Airadigm filed a second bankruptcy petition and sought to eliminate the FCC’s continuing interests in the licenses based on the 2000 plan’s silence regarding those interests.
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