Since the bankruptcy court trial is not until June 2015, the spectrum is in limbo, so if somebody wanted to build it out and use it, it's possible a deal could occur, since Fibertower could win the spectrum back in bankruptcy court.
IT IS FURTHER ORDERED that, pursuant to Sections 4(i) and 303(r) of the
Communications Act, as amended, 47 U.S.C. §§ 154(i), 303(r), and in view of the Order Granting
Preliminary Injunction in FiberTower Network Services Corp., et al., Debtors; FiberTower Network
Services Corp., et al., Debtors v. Federal Communications Commission, Case No. 12-44027-DML-11,
(Bankr. N.D. Tex., issued Sep. 27, 2012), none of the spectrum covered under the licenses subject to this
Memorandum Opinion and Order shall revert to another licensee without further action by the
Commission or Bureau, and the Commission will take no action “transferring, assigning or selling” the
spectrum covered by the licenses declared terminated, so that in the event that this action is reversed upon
reconsideration, review or appeal, FiberTower may resume use of the spectrum covered by the licenses
terminated herein. As noted, nothing in this Memorandum Opinion and Order is intended, or shall be
construed, to be contrary to the Bankruptcy Court’s Preliminary Injunction Order.
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