Quimbee logo
DMCA.com Protection Status

FCC v. NextWave Personal Communications Inc.

537 U.S. 293, 123 S. Ct. 832, 154 L. Ed. 2d 863 (2003)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

FCC v. NextWave Personal Communications Inc.

United States Supreme Court

537 U.S. 293, 123 S. Ct. 832, 154 L. Ed. 2d 863 (2003)

Facts

In 1993 Congress allowed the Federal Communications Commission (FCC) (creditor) to award spectrum licenses through competitive bids. To ensure that small businesses could access the licenses, the FCC offered installment plans under which small businesses could pay for licenses in installments. The FCC held an auction for spectrum licenses, and NextWave Personal Communications Inc. (NextWave) (debtor) won the licenses with a bid of approximately $4.7 billion. NextWave entered into an installment plan with the FCC and gave the FCC a security interest in the licenses. Under the security agreement, the FCC would automatically cancel the licenses if NextWave failed to make payments. NextWave experienced financial troubles and filed for bankruptcy in June 1998. In accordance with the bankruptcy proceedings, NextWave suspended all payments to its creditors, including the FCC. A reorganization plan was eventually approved under which NextWave agreed to pay the FCC a lump sum for the licenses. NextWave missed its first payment deadline in October 1998, and the FCC canceled NextWave’s licenses. NextWave sought emergency relief in bankruptcy court. The bankruptcy court held that the FCC’s cancellation of NextWave’s licenses violated multiple provisions of the Bankruptcy Code. The court of appeals affirmed, holding that the FCC violated 11 U.S.C § 525(a). Section 525(a) prohibited federal agencies from discriminating against a bankrupt debtor by revoking licenses solely because of the debtor’s failure to make payments. The FCC appealed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Scalia, J.)

Dissent (Breyer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 618,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 618,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership