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Deal Is in the Works for NextWave’s Wireless Licenses

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TIMES STAFF WRITER

Federal regulators and NextWave Telecom Inc., which is in bankruptcy protection, are negotiating a complex deal that would transfer $17 billion worth of wireless licenses from NextWave to rival carriers and end a bitter five-year battle for the coveted spectrum.

The potential deal was widely reported Friday to be worth $10 billion to $15 billion, but details were sketchy and are subject to change. Parties to the negotiations, including the Federal Communications Commission and Hawthorne, N.Y.-based NextWave, would not confirm the reports.

A deal between the two sides could include a multibillion-dollar lump-sum payment to NextWave in return for the company giving up its claim to the licenses. The FCC would be paid about $10 billion for the licenses--more than what NextWave bid for them in 1996, but far less than their current market value.

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The licenses could be reissued to Verizon Communications and other U.S. carriers, which pledged billions of dollars for the disputed licenses earlier this year.

NextWave issued a statement Friday reiterating its intention to keep the licenses and build out a national wireless network but added that NextWave will “explore ideas that might lead to a consensual resolution.”

A Washington communications lawyer close to NextWave said company officials were pushing for a settlement that would allow them to keep a portion of the airwaves the company won.

It was unclear Friday whether the Federal Communications Commission would agree to the proposal.

NextWave and the FCC have been in a years-long battle for wireless licenses that the company pledged to buy in 1996 for $4.7 billion. The company later filed for bankruptcy protection after making only a down payment on the licenses.

Despite doubts about its legality, the FCC took back the licenses and in January re-auctioned them to Verizon and other carriers for an estimated $17 billion. A few months later, an appeals court ruled that the FCC broke bankruptcy laws when it confiscated the licenses and ordered that they be returned to NextWave.

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The licenses cover 95 major markets nationwide and are considered the most valuable batch of airwaves available for the foreseeable future. AT&T; Wireless, Verizon and others want the spectrum to fill in coverage gaps and to augment holdings in other areas in preparation for high-bandwidth wireless services.

NextWave’s shares jumped more than 50% to $9.75 in over-the-counter trading Friday.

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Times staff writer Jube Shiver contributed to this report.

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