NextWave Personal Communications, Inc. v. Federal Communications Commission (In Re NextWave Personal Communications, Inc.)

DECISION ON PARTIAL SUMMARY JUDGMENT MOTION

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

Nextwave Personal Communications, Inc. (“Nextwave” or “debtor”) commenced this adversary proceeding to set aside its aggregate $4.7 billion of transfers and obligations to the Federal Communications Commission (“FCC”) incurred in its acquisition of 63 broadband Personal Communication Services licenses (“C Block licenses”) as a constructive fraudulent conveyance under 11 U.S.C. § 544(b). The FCC has moved for partial summary judgment under Bankruptcy Rule 7056(b) to determine the effective date of Nextwave’s…