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The creditors also point out that while they have received some emails from the Rural Utilities Service, several messages showed communications with the FCC. But the FCC hasn’t produced any corresponding emails, according to the attorneys.

“Without access to what is being withheld by the government, the committee cannot conclude its investigation,” creditors’ attorneys wrote.

The loan guarantee to Open Range was approved for $267 million in March 2008 and closed just days before President Obama took office. The USDA ultimately released $78 million to the company, which also had $100 million in backing from One Equity Partners, the private equity arm of JP Morgan.

Under the loan deal, Open Range was supposed to provide broadband wireless service in more than 500 rural communities in 17 states.

The FCC became entangled in the bankruptcy case through its decision in 2010 to suspend the ability of satellite provider Globalstar Inc. to lease spectrum space, citing the company’s inability to comply with FCC requirements.

The ruling impacted Open Range, which had entered into a deal to use Globalstar spectrum space.

By December 2010, Open Range warned the Rural Utilities Service that because of its inability to find a permanent source of spectrum, it needed to revise its plan to include a network of broadband to 160 rural communities, down from the more than 500 announced earlier, court papers said.

Last February, filings show, Open Range told USDA officials that the company was insolvent because of the Rural Utilities Service’s refusal to fund advances on the government loan.

Creditors said in filings that Open Range “substantially performed all of its obligations” under the original loan in 2009 and an amended deal in 2011, but federal officials broke their end of the deal by refusing to fund various equipment, services and expenses.