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



Northwest Missouri Cellular       )
Limited Partnership,              )
                                 )
    Complainant,                 )
                                 )   File No. EB-03-MD-013
    v.                           )
                                 )
Cingular Wireless, LLC d/b/a      )
Cingular Wireless,                )
                                 )
           Defendant.

                            ORDER

       Adopted:   September 13, 2004    Released:  September 
     14, 2004

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

On August 13, 2003, Northwest Missouri Cellular Limited 
Partnership (``NWMC'') filed with this Commission a formal 
complaint against Cingular Wireless, LLC d/b/a Cingular 
Wireless (``Cingular'') pursuant to section 208 of the 
Communications Act of 1934, as amended (the ``Act''),1 and 
sections 22.907, 22.911, and 22.351 of the Commission's 
rules.2  The complaint alleges, among other things, that 
Cingular violated the Commission's rules by deploying Global 
Systems for Mobile Communications (``GSM'') without properly 
coordinating its channel assignments and by extending its 
coverage into NWMC's protected Cellular Geographic Service 
Area (``CGSA'') without NWMC's consent.3  By agreement of 
the parties, the complaint was held in abeyance pending 
mediation and settlement discussions.4  

By letter dated September 7, 2004, counsel for NWMC 
requested that the formal complaint be reclassified as an 
informal complaint5 (as defined by section 1.716 of the 
Commission's rules, 47 C.F.R.  1.716).  Counsel for 
Cingular informed staff that Cingular does not object to 
NWMC's request.  

We are satisfied that granting the Request to Convert will 
serve the public interest by promoting the settlement of 
this dispute and by postponing the need for litigation and 
expenditure of further time and resources of the parties and 
of this Commission until such time as may actually be 
necessary. 

Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 
and 208 of the Communications Act of 1934, as amended, 47 
U.S.C.  154(i), 154(j), and 208, and sections 1.3, 1.716-
18, and 1.720-1.736 of the Commission's rules, 47 C.F.R.  
1.3, 1.716-18, 1.720-36, 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 Request to Convert IS 
GRANTED.

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 NWMC's formal complaint be converted to 
an informal complaint with a designated filing date of 
August 13, 2003.

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 file number for the informal 
complaint is EB-04-MDIC-0100.

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 docket established in the above-
captioned formal complaint proceeding shall be transferred 
in its entirety to the newly established informal complaint 
docket.

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 period within which the informal 
complaint may be converted to a formal complaint under 
sections 1.717-18 of the Commission's rules, 47 C.F.R.  
1.717-18, shall end on March 14, 2005, unless extended by 
further order.

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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, on or before March 14, 2005, either 
party may move to re-convert the informal complaint to a 
formal complaint by filing and serving a motion requesting 
that the informal complaint be re-converted to a formal 
complaint, or by filing an amended formal complaint.  

IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C. 
 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 either party, or the Commission on its 
own motion, may, upon a showing of good cause, move for an 
extension of the March 14, 2005 re-conversion date.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Lisa Griffin
                         Deputy   Chief,   Market   Disputes 
                    Resolution Division
                         Enforcement Bureau
_________________________

1 47 U.S.C.  208.  

2 47 C.F.R.  22.907, 22.911, and 22.351.

3 Formal  Complaint of Northwest Missouri  Cellular Limited 
Partnership, File No. EB-03-MD-013 (filed Aug. 13, 2003).

4  Letter   from  Rosemary  H.  McEnery,   Market  Disputes 
Resolution Division,  Enforcement Bureau, to  counsel, File 
No. EB-03-MD-013 (rel. Aug. 29, 2003).

5  Letter from  Michael  K. Kurtis,  counsel  for NWMC,  to 
Rosemary H.  McEnery, Market Disputes  Resolution Division, 
Enforcement Bureau,  File No. EB-03-MD-013 (dated  Sept. 7, 
2004) (``Request to Convert'').