Sprint Nextel has failed in its attempt to block a lawsuit aimed at halting its WiMAX tie-up with Clearwire. Sprint affiliate cellular operator iPCS launched the lawsuit earlier this year when Sprint first announced that it would be merging its WiMAX operations with those of Clearwire to create a national wireless broadband network. iPCS claims the WiMAX service will operate in iPCS territories and will therefore contravene the affiliate agreement which allows it to offer wireless services in these territories without competition from Sprint. A judge in Illinois yesterday turned down Sprint’s request to dismiss the iPCS case. Timothy M. Yager, president and CEO of iPCS, commented: ‘Over the past few years the exclusivity provisions of our affiliation agreements have been continually tested by Sprint, and we believe that it is appropriate and necessary to continue to defend our rights under the agreements.’

Source:telegeography