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

In the Matter of                )
                                )
Petition of 360o Communications Company for) 
Declaratory Ruling that Section 332(c)(7)(B)(iv))
of the Communications Act Preempts State Court )
Actions Limiting the Construction of Cellular )
Facilities Based Upon Radio Frequency Emission                   )
Concerns                        )
                                )
                                )


                             ORDER


   Adopted:  June 9, 1999               Released:  June 9, 1999

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

     1.  On October 27, 1997, 360o Communications Company (360o) filed a Petition for Declaratory
Ruling (Petition) seeking a declaratory ruling that Section 332(c)(7)(B)(iv) of the Communications Act
preempts state courts from regulating or enjoining the placement or construction of cellular facilities based
upon radio frequency (RF) emission concerns, where such facilities comply with federal emission
regulations.  Section 332(c)(7)(B)(iv) provides that "[n]o State or local government or instrumentality
thereof may regulate the placement, construction, and modification of personal wireless service facilities
on the basis of the environmental effects of radio frequency emissions to the extent that such facilities
comply with the Commission's regulations concerning such emissions."  In its Petition, 360o states that
after it began construction on a new transmission tower in Franklin County, Texas, a group of area
residents filed suit against it in the 8th Judicial District Court of Texas to enjoin construction of the tower
and to claim damages for nuisance from alleged harmful effects of RF emissions.  The trial court issued
a temporary injunction, which the Texas Court of Appeals overturned and returned the issue to the trial
court.  The 8th Judicial District Court of Texas subsequently issued an order, dated September 29, 1997,
deferring the matter to the Commission.  360o then filed its Petition.   

     2.  On December 3, 1997, the Wireless Telecommunications Bureau (Bureau) invited public
comment on the Petition.  Fourteen parties filed comments and four parties filed reply comments. 
Subsequently, the plaintiffs in the underlying lawsuit against 360o filed a Petition to Republish Public
Notice, alleging that the Bureau's notice inviting public comment did not comply with the Administrative
Procedure Act, and 360o filed a Motion to Strike Unauthorized Pleading against the plaintiffs' petition. 


     3.  On April 6, 1999, 360o filed a Request for Voluntary Withdrawal of Petition.  360o states that
the parties have settled the underlying controversy in state court that gave rise to the petition.  360o
therefore requests that the petition be dismissed without further Commission action. 

     4.  Accordingly, IT IS ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act,
47 U.S.C.  154(i) and 154(j), and authority delegated under section 0.331 of the Commission's rules,
47 C.F.R.  0.331, that 360o Communications Company's Request for Voluntary Withdrawal of Petition
filed on April 6, 1999, IS GRANTED.

     5.  IT IS FURTHER ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act,
47 U.S.C.  154(i) and 154(j), and sections 0.331 and 1.2 of the Commission's rules, 47 C.F.R.  0.331
and 1.2, that  360o Communications Company's Petition for Declaratory Ruling filed on October 27, 1997,
IS DISMISSED.

     6.  IT IS FURTHER ORDERED, pursuant to sections 4(i) and 4(j) of the Communications Act,
47 U.S.C.  154(i) and 154(j), and authority delegated under section 0.331 of the Commission's rules,
47 C.F.R.  0.331, that Rock Grundman & Associates' Petition to Republish Public Notice filed on
January 28, 1998, and 360o Communications Company's Motion to Strike Unauthorized Pleading filed on
February 2, 1998, are DISMISSED as moot.

                              FEDERAL COMMUNICATIONS COMMISSION




                              Steven E. Weingarten
                              Commercial Wireless Division
                              Wireless Telecommunications Bureau