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July 12, 2006

Clearwire Sues Community College District

By Glenn Fleishman

The stakes are high for the 2.5 GHz band: Clearwire has sued Peralta Community College District (06-03808 in the North District Court of California) because it alleges that Peralta has violated an executed agreement providing a long-term lease of a valuable license. Many 2.5 GHz licenses are held by educational bodies which were authorized several years ago by Congress to lease these out. The licenses were originally intended for educational broadcast services.

Peralta alleges Clearwire never provided a side agreement spelling out additional fees and such for the lease. I’ve read the filings and Clearwire’s case is based on their allegation that Peralta executed a contract that doesn’t state anything about a side agreement, and thus is complete and full. They also allege that Peralta is trying to terminate the agreement while also maintaining the agreement wasn’t really executed in order to sell the spectrum to another higher bidder.

Clearwire states that this license is the only viable, available license for the San Francisco Bay Area, and that they would use this license to provide service in Oakland and surrounding areas. The first of many fights, I expect, when billions are on the line.

Posted by Glennf at July 12, 2006 9:53 PM

Categories: 2.5 GHz

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