Airadigm Communications, Inc. v. Federal Communications Commission

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

The parties to this adversary proceeding have filed cross-motions for summary *897judgment, asking two questions left unanswered by the Supreme Court’s 2003 decision in Federal Communications Commission v. NextWave Personal Communications, Inc., 537 U.S. 293, 123 S.Ct. 832, 154 L.Ed.2d 863 (2003). The questions, broadly stated, are: to what extent are debts owed to the Federal Communications Commission (“FCC”) treated differently from other claims in bankruptcy; and, does the Communications Act of 1934, as amended, and regulations thereunder,…