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     Before the
             Federal Communications Commission
                   Washington, DC  20554
  
  
  In the Matter of                   )
                                )
  Petition of Sprint Spectrum Partners         )
  and Sprint Spectrum, L.P.               )    File No.  WB/ENF-98-2035
  d/b/a Sprint PCS                   )
  for Declaratory Ruling             )
                                )
  
                                
                           ORDER
  
  Adopted:   March 25, 1999                    Released:   March 26, 1999
  
  By the Chief, Enforcement and Consumer Information Division,                         
  Wireless Telecommunications Bureau: 
  
                     I.   INTRODUCTION
  1.   The Chief, Enforcement and Consumer Information Division, Wireless
  Telecommunications Bureau, has under consideration:  (a) a Petition for Declaratory Ruling,
  filed by Sprint Spectrum Partners and Sprint Spectrum, L.P. d/b/a Sprint PCS ("Petitioners") on
  March 13, 1997; (b) Comments, filed by Coalition on European Telecommunications Competition
  ("CETC") on April 28, 1997; (c) Comments, filed by Espirit Telecom Group PLC ("Espirit") on
  April 28, 1997; (d) Reply Comments, filed by Deutsche Telekom AG ("Deutche") on May 13,
  1997; (e) a Reply, filed by Petitioners on May 13, 1997; and (f) a Request to Withdraw Petition
  for Declaratory Ruling, filed by Petitioners on December 14, 1998.  Petitioners initially requested
  a declaratory ruling that they complied with the foreign ownership restrictions set forth in
  Section 310(b)(4) of the Communications Act of 1934, as amended. Thereafter, Petitioners
  requested withdrawal of their Petition for Declaratory Ruling because recent changes in the
  ownership  structure of Sprint PCS rendered moot the need for a declaratory ruling. For the
  reasons set forth below, Petitioners' Request to Withdraw the Petition for Declaratory Ruling will
  be granted. 
  
  
       
                      II.   BACKGROUND
  2.   Petitioners initially requested a ruling that they be allowed to indirectly hold
  common carrier licenses so long as the levels of foreign equity and voting interest in each
  Sprint Spectrum partner is no greater than the amount permitted for each general partner
  individually. Petitioners also requested that in the event that the Commission did not grant the
  relief sought, the Commission use a multiplier to calculate the level of foreign ownership in
  Sprint PCS based on the relative levels of voting interest of the Sprint Spectrum Partners'
  subsidiary corporations. On March 28, 1997, the Commission released a Public Notice
  inviting public comment on the Petition.  Thereafter, Espirit and CETC filed comments, and
  Deutsche and Petitioners filed reply comments. Subsequent to the filing of these comments,
  Petitioners certified by letter dated September 23, 1997, that the foreign ownership level for
  Sprint Spectrum Partners, respectively, was at or below the level allowed under Section
  310(b)(4) of the Act.  On July 1, 1998, direct and indirect partnerships of Sprint Spectrum
  Partners filed applications seeking consent for transfers of control of their PCS
  authorizations. The Wireless Telecommunications Bureau granted the applications on August
  31, 1998.  These transfers of control resulted in Sprint Corporation acquiring 100 percent
  of the partnership interests in Sprint PCS from the three other partners who formed Sprint
  Spectrum Partners. Consequently, Petitioners filed a Request for Withdrawal of their Petition
  for Declaratory Ruling because the changes in the ownership structure of Sprint PCS, as
  described above, made the requested relief unnecessary.  
                III.   DISCUSSION/CONCLUSION
  3.   We will grant Petitioners' request to withdraw their Petition for Declaratory
  Ruling.  Section 1.2 of the Commission's Rules, provides that the Commission may "issue
  a declaratory ruling terminating a controversy or removing uncertainty."  In light of
  Petitioners' request to withdraw their Petition for Declaratory Ruling and the change in the
  ownership structure of Sprint PCS, we find that there is no longer a need for clarification
  concerning the prior ownership structure of Sprint PCS. Accordingly, we find that it would
  serve the public interest by granting Petitioners' request and allowing them to withdraw their
  Petition. 
                   IV.   ORDERING CLAUSES
  4.   ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 402 of
  the Communications Act of 1934, as amended, and Section 0.331 of the Commission Rules,
  that the "Request to Withdraw Petition for Declaratory Ruling" filed by the Sprint Spectrum
  Partners and Sprint Spectrum, L.P. d/b/a Sprint PCS on December 14, 1998 IS GRANTED.
  5.   IT IS FURTHER ORDERED that this proceeding IS TERMINATED.   
  
                 FEDERAL COMMUNICATIONS COMMISSION  
       
  
  
            Catherine W. Seidel                          
                      Chief, Enforcement and Consumer Information Division
                           Wireless Telecommunications Bureau