******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) VIRGINIA RSA 6 CELLULAR ) LIMITED PARTNERSHIP ) File No. 04021-CL-MP-97 ) Major Modification Application for ) Relocation of Massanutten Cell Site,) Station KNKQ314; Market No. 686(B1),) Virginia 6 (B1) - Highland RSA. ) ORDER Adopted: May 11, 1999 Released: May 11, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we approve a settlement agreement between Shenandoah Mobile Telephone Company ("Shenandoah") and Virginia RSA 6 Cellular Limited Partnership ("Virginia"). We also grant Shenandoah's Motion to Dismiss the Petition to Deny it previously filed against Virginia's above-captioned major modification application. 2. Virginia filed its major modification application on September 5, 1997. Shenandoah filed its petition to deny that application on October 20, 1997, alleging harmful interference to its adjacent cellular system. 3. The parties have reached a settlement agreement and Shenandoah filed a motion to dismiss its petition on December 29, 1997. Shenandoah states in its motion that Virginia filed a minor amendment to its application on December 8, 1997, resolving Shenandoah's initial objections concerning potential harmful interference. The motion also contains certifications from both parties that neither they, nor their principals, have reimbursed, or have agreed to reimburse, the other party for any litigation or other expenses. After review of the record, we find that the settlement complies with section 22.129 of the Commission's rules. We therefore, grant Shenandoah's motion to dismiss its petition. 4. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and sections 0.331 and 22.129 of the Commission's rules, 47 C.F.R.  0.331 and 22.129, that the Motion to Dismiss the Petition to Deny, filed on December 29, 1997, by Shenandoah Mobile Telephone Company, IS GRANTED. 5. IT IS FURTHER ORDERED that pursuant to section 154(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and sections 0.331 and 22.129 of the Commission's rules, 47 C.F.R.  0.331 and 22.129, that the settlement agreement between Shenandoah Mobile Telephone Company and Virginia RSA 6 Cellular Limited Partnership IS APPROVED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau