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Fcc Vs. Nextwave Personal Communications Inc.
Cites for this judgment
- US Supreme Court
- Jan 27, 2003
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FCC v. NextWaveSearch
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Communications Inc. - 537 U.S. 293 (2003) October Term, 2002 Syllabus Federal Communications Commission V. NextwaveSearch
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Together with No. 01-657, Arctic Slope Regional Corp. et al. v. NextWaveSearch
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Personal Communications Inc. et al., also on certiorari to the same court. 294 294 FCC v. NEXTWAVESearch
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of the Government's objectives in imposing the obligation. E. g., Pennsylvania Dept. of Public Welfare v. DavenportSearch
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d)(2). Ohio v. KovacsSearch
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and for Senator Patrick Leahy et al. by Walter Dellinger and Jonathan D. Hacker. 296 296 FCC v. NEXTWAVESearch
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the FCC, pending confirmation of a reorganization plan. NextWave initiated an adversary proceed- 298 298 FCC v. NEXTWAVESearch
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billion-and the District Court affirmed. NextWave Personal Communications, Inc. v. FCCSearch
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F.3d 130 , 133 (2001). We granted certiorari. 535 U. S. 904 (2002). 300 300 FCC v. NEXTWAVESearch
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those laws that the agency itself is charged with administering. See, e. g., Citizens to Preserve Overton Park, Inc. v. VolpeSearch
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have some further motive behind the cancellation-assuring the financial solvency of the licensed entity, e. g., Perez v. CampbellSearch
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cause of the cancellation-the act or event that triggers the agency's decision to cancel, 302 302 FCC v. NEXTWAVESearch
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as the Commission proposes-which means, of course, that such a reading must be rejected. See United States v. NordicSearch
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Johnson v. HomeSearch
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Pennsylvania Dept. of Public Welfare v. DavenportSearch
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U. S. 552, 559 (1990). See also Ohio v. KovacsSearch
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That court did not seek to modify or discharge the debt, but merely prevented the FCC from 304 304 FCC v. NEXTWAVESearch
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J. E. M. Ag Supply, Inc. v. PioneerSearch
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HiBred International, Inc., 534 U. S. 124 , 143-144 (2001) (quoting Morton v. MancariSearch
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where the dissent would 306 306 FCC v. NEXTWAVESearch
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as a creditor. See, e. g., In re NextWave Personal Communications, Inc., 235 308 308 FCC v. NEXTWAVESearch
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upon NextWave's defaulting on an installment payment. 2 App. to Pet. for Cert. 409a. 310 310 FCC v. NEXTWAVESearch
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are at least at odds with the statute's basic objectives. Cf. United States v. KirbySearch
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its product if a buyer does not pay-at least if the seller has taken a security interest in the product. E. g., Farrey v. SanderfootSearch
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that is bankruptcy's promise, see Grogan v. GarnerSearch
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the statute aims. A phrase is sometimes best known by the statutory company it keeps. See, e. g., Gutierrez v. AdaSearch
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only where done solely for bankruptcy-related reasons, i. e., a person's being a bank- 314 314 FCC v. NEXTWAVESearch
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a) as an effort to codify this Court's holding in Perez v. CampbellSearch
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that would conform the statute's language to its purposes. They conceded that the provision's 316 316 FCC v. NEXTWAVESearch
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cannot simply be a coincidence but must bear a meaningful relation to the prohibited government action. Cf. Staples v. UnitedSearch
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This interpretation is consistent with several lower court efforts to interpret the statute. See, e. g., Toth v. MichiganSearch
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of the mail as containing an implicit exception permitting a local sheriff to arrest a mail carrier. United States v. KirbySearch
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forbidden entry into the park. See supra, at 311. 318 318 FCC v. NEXTWAVESearch
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ante, at 307, is beside this particular point.) 320 320 FCC v. NEXTWAVESearch
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fiat-used to rescue an interpretation that rests too heavily upon linguistic deduction and too little upon human purpose. v. BecauseSearch
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Syllabus Federal Communications Commission V. NextwaveSearch
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Ohio v. KovacsSearch
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NextWave Personal Communications, Inc. v. FCCSearch
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Preserve Overton Park, Inc. v. VolpeSearch
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Perez v. CampbellSearch
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See United States v. NordicSearch
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Cf. United States v. KirbySearch
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Cf. Staples v. UnitedSearch
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Toth v. MichiganSearch
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