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


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 )


   North County Communications Corp.,  )

   Complainant, ) File No. EB-08-MD-005


   v. )


   Leap Wireless International, Inc., )

   Defendant. )

                               ORDER OF DISMISSAL

   Adopted: August 14, 2008 Released: August 14, 2008

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

   1. On July 25, 2008, North County Communications Corporation ("North
   County") filed a formal complaint against Leap Wireless International,
   Inc. ("Leap"), pursuant to section 208 of the Communications Act of 1934,
   as amended ("Act"), 47 U.S.C. S: 208, alleging violations of sections
   201(a) and 201(b) of the Act, 47 U.S.C. S:S: 201(a) and (b).

   2. On August 12, 2008, North County filed a Motion to Dismiss Complaint
   Without Prejudice ("Motion to Dismiss") so that it can refile the
   complaint against the appropriate defendants. Leap does not object to
   North County's Motion.

   3. We are satisfied that dismissing the complaint without prejudice will
   serve the public interest by facilitating the resolution of the dispute
   among the appropriate parties.

   4. 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. S:S: 154(i), 154(j),
   and 208, sections 1.721-1.736 of the Commission's rules, 47 C.F.R. S:S:
   1.721-1.736, and the authority delegated in sections 0.111 and 0.311 of
   the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311, that the Motion to
   Dismiss IS GRANTED and the above-captioned complaint IS DISMISSED WITHOUT


   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   Motion to Dismiss Complaint Without Prejudice, File No. EB-08-MD-005
   (filed Aug. 12, 2008)("Motion to Dismiss").

   (Continued from previous page)

   (continued ...)

   Federal Communications Commission DA 08-860



   Federal Communications Commission DA 08-1909