Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Petition of Cellular Telecommunications Industry) Association for a Declaratory Ruling Regarding) Federal Preemption of Moratoria Regulation) Imposed by State and Local Governments on) Siting of Telecommunications Facilities) ORDER Adopted: June 9, 1999 Released: June 9, 1999 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On December 16, 1996, Cellular Telecommunications Industry Association (CTIA) filed a Petition for Declaratory Ruling ("Petition") seeking preemption of moratoria imposed by state and local governments on the siting of telecommunications facilities. On March 2, 1999, CTIA filed a request to withdraw its Petition, without prejudice. For the reasons stated below, we grant CTIA's withdrawal request and dismiss its Petition. 2. In its withdrawal request, CTIA cites an agreement it reached on August 5, 1998, with Personal Communications Industry Association, American Mobile Telecommunications Association, and the Commission's Local and State Government Advisory Committee. In the agreement, the parties agreed to a set of guidelines and an informal dispute resolution process by which wireless carriers and local authorities could work cooperatively to resolve antenna siting disputes. CTIA further agreed that upon consummation of the agreement, it would withdraw its Petition without prejudice. In light of these events, we conclude that it is appropriate for us to effectuate the intent of the parties and dismiss the Petition. 3. 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 Cellular Telecommunications Industry Association's Withdrawal of Petition for Declaratory Ruling of the Cellular Telecommunications Industry Association, filed March 2, 1999, IS GRANTED. 4. 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 Cellular Telecommunications Industry Association's Petition for Declaratory Ruling filed December 16, 1996, IS DISMISSED without prejudice. FEDERAL COMMUNICATIONS COMMISSION Steven E. Weingarten Chief, Commercial Wireless Division Wireless Telecommunications Bureau