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Northpoint takes FCC to court

Northpoint Technology is continuing the fight for exclusive right to licenses
creating a new pay-TV service that would compete with cable and satellite

Last week the company asked federal judges to reverse an April 24 FCC
decision denying Northpoint's request to obtain free of charge new licenses
carved out of the direct broadcast satellite spectrum.

Instead the FCC is putting the frequencies up for auction to the highest
bidder this February. In lawsuits filed June 21 in the federal appeals court in
Washington, Northpoint claims it is entitled to the licenses outright because
the company was the sole initial applicant and went to great expense to prove
that new service could co-exist in the DBS spectrum band without creating
significant interference to incumbent satellite broadcasters.

Northpoint also argues that the FCC violated the law by refusing to grant the
licenses when DBS operators and others in the band obtained their permits at no

The company also alleges the agency ignored its duty to avoid licensing
proceedings that create competing applications and to meet statutory deadlines
for issuing licenses.

The FCC also allowed other companies to infringe on Northpoint's patents, the
company said, because their services will not be viable without relying on
Northpoint technology.