Posts tagged "0902318"

North American Catholic Educational Programming Foundation, Inc., et al. v. Clearwire Spectrum Holdings II LLC, et al. (Lawyers Weekly No. 09-023-18)

(adsbygoogle = window.adsbygoogle || []).push({});

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss.                                                                                   SUPERIOR COURT

                                                                                                            CIVIL ACTION

                                                                                                            No. 15-3118 BLS 2

 

 

NORTH AMERICAN CATHOLIC EDUCATIONAL

 PROGRAMMING FOUNDATION, INC. et al.[1]
Plaintiffs

 

vs.

 

CLEARWIRE SPECTRUM HOLDINGS II LLC,

CLEARWIRE LEGACY LLC and SPRINT SPECTRUM, L.P.,
Defendants

 

MEMORANDUM OF DECISION AND ORDER
ON
DEFENDANTS’ MOTION TO STAY ACTION

 

Plaintiffs are non-profit entities that hold licenses from the Federal Communications Commission (FCC) to operate Educational Broadband Services (EBS) channels in certain geographic markets.  In 2006, plaintiffs granted access to a portion of their wireless communication spectrum to defendants Clearwire Spectrum Holdings LLC and Clearwire, Legacy, LLC (Clearwire) pursuant to various written Agreements, including Master Royalty and Use Agreements (MRUAs).  The defendant Sprint Spectrum L.P. (Sprint) subsequently acquired all the stock in Clearwire’s parent, and a dispute arose between Sprint and the plaintiffs as to what services Sprint was obligated to provide plaintiffs’ customers.  Plaintiffs took the position that Clearwire had effectively sublicensed its use of the broadband spectrum to Sprint, and that, pursuant to the Agreements, this required plaintiffs’ consent – consent which they were entitled to withhold unless Sprint agreed to provide broadband access to plaintiff’s customers that was equivalent to what Clearwire itself would have provided had there been no sublicense. read more

Read more...

Posted by Massachusetts Legal Resources - March 10, 2018 at 12:35 am

Categories: News   Tags: , , , , , , , , , , , ,