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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).