Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In re Application of                    )
Huntington CUSA Settlement Group, L.C.  )
for Authorization to Provide            )
Domestic Cellular Public Radio Telephone Service                                                )  File No. 10078-CL-110-A-93
on Frequency Block A in an Unserved Area                )
In the Huntington - Ashland, West Virginia      )
Kentucky, Ohio MSA, Market No. 110A     )
                                     


                                  ORDER

   Adopted:  November 26, 1997                                         Released:  November 26, 1997

By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau:

      1.  In this Order, we dismiss the above captioned unserved area application of Huntington CUSA
Settlement Group, L.C. (Huntington), for the Huntington-Ashland, West Virginia, Kentucky, Ohio MSA,
Market No. 110A pursuant to Huntington's request.  We further dismiss a petition to deny (petition) that
application filed on June 16, 1995 by West Virginia Cellular Telephone Corp. (West Virginia Cellular), 
and approve a settlement agreement filed on June 28, 1995 between Huntington and Great Seal Cellular
Limited Partnership (Great Seal). 

      2.  Pursuant to section 22.128(a) of the Commission's rules, the Commission considers a request
by an applicant for dismissal of its application after it has been listed on Public Notice as accepted for
filing to be a request for dismissal without prejudice.  Additionally, if the applicant requests dismissal
without prejudice, the Commission will, pursuant to section 22.128(a)(2), dismiss the application without
prejudice.  Huntington's letter requests dismissal of its application without prejudice.  We will grant that
request and dismiss Huntington's application without prejudice.  Consequently, we will dismiss West
Virginia Cellular's petition as moot. 

      3.   The settlement agreement between Huntington and Great Seal also includes the declaration
of Douglas S. Holladay, Jr., President, FGI Cellular Management, Inc., General Partner of Great Seal,
stating that his company has agreed to pay Huntington up to $10,000 as reimbursement for its legitimate
and prudent expenses of prosecuting Huntington's application.  In the agreement, Great Seal indicates,
inter alia, that it will refrain from filing a Petition to Deny Huntington's application. The agreement does
not address West Virginia Cellular's petition.

      4.  Section 22.129 provides that a party seeking to withdraw a petition to deny must obtain
Commission approval and certify that it has not received money or other consideration in excess of the
reasonable and prudent expenses incurred in preparing and prosecuting its pleadings in exchange for the
withdrawal of those pleadings.  The party must also provide an itemized accounting of the expenses for
which it seeks reimbursement.  We conclude that the documents submitted by Huntington and Great Seal
comply with section 22.129 of the Commission's rules.

      5.  Accordingly, IT IS ORDERED that pursuant to section 22.128(a) of the Commission's rules,
47 C.F.R.  22.128(a), the application of the Huntington CUSA Settlement Group, L.C. filed on
September 22, 1993, IS DISMISSED without prejudice.

      6.  IT IS FURTHER ORDERED that pursuant to section 22.129 of the Commission's rules, 47
C.F.R.  22.129, the Settlement Agreement between Huntington CUSA Settlement Group, L.C. and Great
Seal Cellular Limited Partnership filed on June 28, 1995, IS APPROVED. 

      7.  IT IS FURTHER ORDERED pursuant to section 22.130 of the Commission's rules, 47 C.F.R.
22.130, that the Petition to Deny filed by West Virginia Cellular Telephone Corporation on June 16, 1995,
IS DISMISSED as moot.       
      

                                         FEDERAL COMMUNICATIONS COMMISSION



                                         David L. Furth    
                                              Chief, Commercial Wireless Division
                                          Wireless Telecommunications Bureau