Court of Appeals for the Second Circuit May 25, 2000, 992, Docket 99-5063 (In Re Federal Communications Commission)

JACOBS, Circuit Judge:

The Federal Communications Commission (“FCC”) petitions this Court for a writ of mandamus to the United States Bankruptcy Court for the Southern District of New York (Hardin,

B.J. ).

On February 7, 2000, the bankruptcy court issued an order prohibiting the FCC from re-auctioning spectrum licenses previously held by debtor NextWave Personal Communications, Inc. (“NextWave”).