******************************************************** 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 Applications of ) ) Wyoming 1 - Park Limited ) File Nos. 02249-CL-MP-97 ) 02431-CL-P2-97 Phase 1 Major Modification ) 02432-CL-P2-97 Application and Phase 2 Unserved ) 02433-CL-P2-97 Area Applications for ) Station KNKN244, ) Wyoming 1 - Park RSA ) ) Market No. 718(B) ) ORDER Adopted: June 15, 1999 Released: June 15, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. In this Order, we approve a Settlement Agreement ("Agreement") between Wyoming 1 - Park Limited Partnership ("Partnership") and MetaComm Cellular Partners ("MetaComm"). In approving this settlement, we grant the Partnership's Phase I major modification application (File No. 02249-CL-MP-97), and one of its Phase II unserved area applications (File No. 02433-CL-P2-97), as amended pursuant to the terms of the Agreement. Pursuant to the Agreement, we also dismiss two of the Partnership's Phase II unserved area applications (File Nos. 02431-CL-P2-97 and 02432-CL-P2-97), and grant MetaComm's request that the Petitions to Deny it filed against the Partnership be dismissed. 2. The Partnership filed the four applications noted above in April, 1997. MetaComm filed a Petition to Deny one of the Partnership's applications (FCC File No. 02249-CL-MP-97) on May 19, 1997, and a consolidated "Petition to Dismiss or Deny" the Partnership's remaining three applications (FCC File Nos. 02431-CL-P2-97, 02432-CL-P2-97, and 02433-CL-P2-97) on June 9, 1997. 3. The parties reached a settlement agreement and, on October 15, 1997, they filed a Joint Motion for Approval of Settlement Agreement and Related Relief ("Joint Motion"). The Agreement resolves MetaComm's initial objections concerning potential harmful interference by, among other things, requiring the parties to enter into certain contour extension agreements. The Joint Motion also contains certifications from the 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 Agreement complies with section 22.129 of the Commission's rules, which was in effect on the date this settlement agreement was filed. We therefore grant the Joint Motion to approve the Agreement and dismiss MetaComm's petitions to deny the four applications filed by the Partnership. 4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 308 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), and 308, and Sections 0.331 and 22.129 of the Commission's rules, 47 C.F.R.  0.331, 22.129 (1998), the Joint Motion for Approval of Settlement Agreement and Related Relief, filed on October 15, 1997, by Wyoming 1 - Park Limited Partnership and MetaComm Cellular Partners, IS GRANTED. 5. IT IS FURTHER ORDERED that, pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C.  309(a), and Sections 0.331 and 1.939 of the Commission's rules, 47 C.F.R.  0.331, 1.939, the Petition to Deny filed by MetaComm on May 19, 1997, IS DISMISSED. 6. IT IS FURTHER ORDERED that, pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C.  309(a), and Section 0.331 of the Commission's rules, 47 C.F.R.  0.331, that the applications filed by Wyoming 1 - Park Limited Partnership, FCC File Nos. 02249-CL-MP-97 and 02433- CL-P2-97, as amended pursuant to the terms of the Settlement Agreement ARE GRANTED. 7. IT IS FURTHER ORDERED that, pursuant to Section 309(a) of the Communications Act of 1934, as amended, 47 U.S.C.  309(a) and Section 0.331 of the Commission's rules, 47 C.F.R.  0.331, FCC File Nos. 02431-CL-P2-97 and 02432-CL-P2-97 ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau