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RCR Wireless News reports the ongoing battle between Sprint Nextel and its CDMA affiliate is set for a breather as iPCS withdrew its most recent injunction looking to stop Sprint Nextel’s WiMAX joint venture with Clearwire.

Clearwire owns licenses primarily in mid-sized and small markets, some of which overlap with iPCS’s networks. One of the biggest points of overlaps is Grand Rapids, Mich., points out Telephony Magazine, a market that Clearwire plans to commercially launch in 2009. The court, however, didn’t invalidate iPCS’s complaints, giving it the right to re-file.

iPCS withdrew the injunction after the WiMAX venture, dubbed New Clearwire, said it does not plan on launching WiMAX services in iPCS’ markets before July 2009. New Clearwire added that if it moves forward with any launch plans it will provide iPCS with a written notice 60 days prior to a network launch. The withdrawal does not let Sprint Nextel or the New Clearwire off the hook, but provides iPCS with a heads up if or when it needs to resume its legal battle, says RCR News.

Clearwire stockholders will vote on the agreement to combine Sprint and Clearwire Thursday. Five independent investors – Intel, Google, Comcast, Time Warner Cable, and Bright House Networks – have collectively agreed to invest a total of $3.2 billion into the new Clearwire. That will free up capital to begin the nationwide buildout of their Mobile WiMAX network.

According to the Washington Post:


When the first Clearwire WiMax network goes live in Portland, next year, it will include a new branding campaign that is designed to simply and clearly explain what the company is providing. The Portland market will encompass 680 square miles of coverage. In the past several months, 200 participants have been providing feedback on the network. Clearwire has been working with big box retailers, independent resellers and building up direct stores for the Q1 commercial launch.

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