iPCS, Sprint Nextel/New Clearwire lay down WiMAX swords for now

The ongoing battle between Sprint Nextel Corp. 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 Corp.
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.
iPCS’ qualms with the WiMAX venture centers around its affiliate agreement with Sprint Nextel that prohibits the carrier from launching a competing service in iPCS’ markets. The affiliate agreement issues began with Sprint Corp.’s acquisition of Nextel Communications Inc. that gave Sprint control of Nextel’s iDEN network in iPCS’ territories, which has yet to be resolved, and had continued to Sprint Nextel’s WiMAX plans. iPCS’ key markets include Grand Rapids and Saginaw, Mich.; Fort Wayne, Ind.; Tri-Cities, Tenn.; Scranton, Pa.; and Quad Cities, Iowa.