United States Ex Rel. Federal Communications Commission v. Kansas Personal Communications Services, Ltd.

FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS MAR 4 2003
TENTH CIRCUIT PATRICK FISHER
Clerk
In re: KANSAS PERSONAL
COMMUNICATIONS SERVICES,
LTD.,
Debtor.
UNITED STATES OF AMERICA, on
behalf of the Federal
Communications Commission, No. 01-3042
(D.C. No. 00-CV-2392-JWL)
Appellee, (D. Kansas)
v.
KANSAS PERSONAL
COMMUNICATIONS SERVICES,
LTD.,
Appellant.
ORDER AND JUDGMENT*
Before SEYMOUR and PORFILIO, Circuit Judges, and STAGG,** District Judge.
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
**
The Honorable Tom Stagg, District Judge for the United States District Court
Western District of Louisiana, sitting by designation.
This appeal has been abated pending resolution of Federal Communications
Commission v. Nextwave Personal Communications, et al., in the Supreme Court of the
United States. At issue in Nextwave was a question which dominates this case: whether
an FCC license holder who has filed a petition for relief under Chapter 11 of the
Bankruptcy Code is protected by the provisions of 11 U.S.C. §§ 362 and 525 from
cancellation of the license for non-payment of license fees. The Supreme Court has
answered that question in the affirmative, 537 U.S. ____, 123 S.Ct. 832 (2003).
We issued an order directing the parties to state their positions on the effect of
Nextwave in this appeal. Both have responded agreeing the decision leaves nothing for
this court to decide.
Nextwave makes clear the district court’s decision in this matter was erroneous.
The Chapter 11 filing barred the FCC from taking any action against the license of
Kansas Personal Communication Services, Ltd. without first obtaining authority to do so
from the bankruptcy court. Consequently, the judgment of the district court is
REVERSED and the matter REMANDED WITH DIRECTIONS to remand the case to
the bankruptcy court for further proceedings.
ENTERED FOR THE COURT
John C. Porfilio
Senior Circuit Judge
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