ILLINOIS – A local wireless company moves forward with a lawsuit which seeks access to Sprint Nextel’s WiMax technology, but the judge dismissed the pursuit of the case for monetary damages. The Circuit Court of Cook County preserved some portions of the legal challenge that iPCS Incorporated filed against Sprint Nextel but dismissed several key parts in the case.

iPCs is a local wireless company based in Schaumburg, Ill. It sells Sprint-branded service about  700,000 customers in a Midwest which includes portions of Illinois, Indiana, Michigan, and Iowa. iPCS has had this dispute with Sprint since Sprint acquired Nextel back in 2005. Recently, a new twist just surfaced when iPCS challenged Sprint’s fourth-generation wireless service. They attacked its implications of this fourth gen service which comes through Sprint’s relationship with Clearwire.

iPCS is now claiming a new ruling which says that Sprint improperly withheld 4G technology from them. The President and CEO of iPCS said “We are very pleased that the Court has again ruled in our favor as we seek to have Sprint live up to its obligations under our affiliation agreements.” He further states, “Technological advances are central to any wireless business and we are confident that after the evidence is presented in this case the Court will uphold the business deal that we reached with Sprint over ten years ago to ‘be Sprint’ in our exclusive territories and offer the most advanced seamless wireless nationwide network to our subscribers.” This part of the case were not dismissed by the Cook County judge but dismissed the other portions wherein iPCS was claiming monetary damages.

We spoke to Matthew Sullivan, a spokesman from Sprint, and he said “iPCS was hoping that if they were successful on this action, the end result would be that they get money for it. The Judge dismissed that.” Sullivan was certain that the local company wanted to get hold of the monetary damages rather than the withholding the 4G technology issue.

Aside from this 4G technology withholding case iPCS legal challenge resulted in an order from the court for Sprint to “’cease owning, operating and managing the Nextel wireless network’ in the territories wherein iPCS Wireless do business.” This should take effect by January 25, 2010.

Sullivan said that Sprint will take appropriate actions to comply with this court order before the deadline. Sullivan did not specify as to how Sprint will handle the situation and how the company will move about before January of next year. Sullivan said though that there is already a plan being implemented as of today and assured that local customers do not need to suffer from this lawsuit and do not need to take action as of this time.

As the battle between the local Illinois Company and Sprint Nextel continues, Sprint also moves forward with its plans for the 4G technology it has in store for its subscribers. Sprint assures that amidst the case with iPCS since 2005, it will try to keep the subscribers not feel heat in this case but continue to receive quality products and services.

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