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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
PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
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
1
1
Federal Communications Commission DA 08-1909