Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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


In the Matter of                   )
                                  )
Nova Cellular West, Inc.,          )
                                   )
       Petitioner,                 )
                                  )
                 v.                )  File No. EB-00-MD-022
                                  )
AirTouch Cellular,                 )
                                   )
       Respondent.                 )
                                  )

                              ORDER

        Adopted:  November 5, 2002      Released:   November   6, 
2002

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

On August 26, 2002, Nova Cellular West, Inc. d/b/a San Diego 
Wireless (``Nova''), pursuant to section 405 of the 
Communications Act of 1934, as amended (``Act'')1 and section 
1.106 of the Commission's rules, 47 C.F.R.  1.106, filed a 
Petition for Reconsideration2 of the Commission's Memorandum 
Opinion and Order in the above captioned matter.3 

On October 22, 2002, the parties filed a Joint Motion for 
Withdrawal and Dismissal with Prejudice of Pending Petition for 
Reconsideration, Opposition and Reply in which they state that 
they have reached a mutually acceptable settlement of all issues 
raised in this proceeding.4  Their Joint Motion withdraws the 
Petition for Reconsideration, Opposition to Petition for 
Reconsideration,5 and Reply6 filed in this proceeding, and moves 
the Commission to dismiss the matter with prejudice.  

We are satisfied that dismissing the Petition will serve the 
public interest by promoting the private resolution of disputes 
and by eliminating the need for further litigation and the 
expenditure of additional time and resources of the parties and 
this Commission.

Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), 208, and 405, and section 1.106 of the 
Commission's rules, 47 C.F.R.  1.106, and the authority 
delegated in sections 0.111 and 0.311 of the Commission's rules, 
47 C.F.R.  0.111, 0.311, that the joint motion to dismiss the 
above-captioned Petition with prejudice IS GRANTED.

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208 and 
405 of the Communications Act of 1934, as amended, 47 U.S.C.  
154(i), 154(j), 208, and 405, and section 1.106 of the 
Commission's rules, 47 C.F.R.  1.106, and the authority 
delegated in sections 0.111 and 0.311 of the Commission's rules, 
47 C.F.R.  0.111, 0.311, that Nova's Petition for 
Reconsideration IS DISMISSED WITH PREJUDICE and this proceeding 
is TERMINATED. 

                         FEDERAL COMMUNICATIONS COMMISSION




                         Alexander P. Starr
                         Chief,   Market   Disputes    Resolution 
                    Division
                         Enforcement Bureau
_________________________

1    47 U.S.C. 405.

2    Petition For Reconsideration  of Nova  Cellular West,  Inc. 
d/b/a San  Diego Wireless  Communications, Nova  Cellular  West, 
Inc. d/b/a San Diego Wireless v. AirTouch Cellular, File No. EB-
00-MD-022   (filed    Aug.    26,    2002)    (``Petition    for 
Reconsideration'' or ``Petition'').

3    Nova Cellular  West,  Inc.  d/b/a  San  Diego  Wireless  v. 
AirTouch Cellular,  Memorandum Opinion  and Order,  17 FCC  Rcd. 
15,026 (2002).

4    Joint Motion for Withdrawal and Dismissal With Prejudice of 
Pending Petition for Reconsideration, Opposition and Reply, Nova 
Cellular  West,  Inc.  d/b/a  San  Diego  Wireless  v.  AirTouch 
Cellular, File No. EB-00-MD-022 (filed Oct. 22, 2002).

5    Opposition   of   AirTouch   Cellular   to   Petition   for 
Reconsideration,  Nova  Cellular  West,  Inc.  d/b/a  San  Diego 
Wireless v.  AirTouch  Cellular, File  No.  EB-00-MD-022  (filed 
Sept. 6, 2002).

6    Nova  Cellular   West,  Inc   d/b/a  San   Diego   Wireless 
Communications Reply to AirTouch Cellular Opposition to Petition 
for Reconsideration  of FCC  02-217,  Nova Cellular  West,  Inc. 
d/b/a San Diego Wireless v.  AirTouch Cellular, File No.  EB-00-
MD-022 (filed Sept 16, 2002).