******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 ) ) ALLEGAN CELLULAR, L.P. ) File No. 0000015276 ) For Consent to Assignment of License of ) Callsign KNKN661 from Allegan Cellular, L.P.) to Centennial Cellular Corp., ) Michigan RSA No. 8A ) ORDER Adopted: November 5, 1999 Released: November 5, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. This Order grants the above-captioned assignment application filed by Allegan Cellular, L.P. (Allegan) and Centennial Cellular Corp. (Centennial). It also denies the Petition to Defer or Dismiss (Petition) filed by Kent Weaver (Weaver), part owner of KCI Communications, Inc. d/b/a One Source Communications (KCI Communications). Weaver requests that we defer the processing of the captioned application to afford Weaver a reasonable amount of time within which to seek relief from a contractual dispute he has with Allegan and its principals. 2. In his Petition, Weaver argues that the proposed transaction between Allegan and Centennial violates a contractual agreement between Allegan and KCI Communications. Weaver requests that we defer the processing of the captioned application to afford Weaver an opportunity to file and serve a complaint against Allegan and to seek relief from a court of competent jurisdiction. Weaver contends that grant of the captioned application would place the assets of Allegan beyond the reach of Weaver and the court, and thwart Weaver's ability to obtain any meaningful relief. 3. It is the Commission's policy to not defer the consideration of outstanding matters, pending the outcome of litigation involving private contractual matters. We will therefore not defer consideration of, or dismiss, the above-captioned assignment application, pending the outcome of litigation concerning this private contractual matter. 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 309(d) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 309(d), and sections 0.331 and 1.939 of the Commission's rules, 47 C.F.R.  0.331, 1.939, the Petition to Defer or Dismiss filed by Kent Weaver on August 6, 1999, IS HEREBY DENIED. 5. IT IS FURTHER ORDERED that, pursuant to section 4(i) and 309(d)(2) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 309(d), and sections 0.331 and 1.948 of the Commission's rules, 47 C.F.R.  0.331, 1.948, the assignment application filed by Allegan Cellular, L.P. and Centennial Cellular Corp., on June 29, 1999, in the above-captioned proceeding, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau