**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | )  | WT Docket No. 05-193         |
|                                  |    |                              |
| SunCom Wireless Operating        | )  |                              |
| Company, L.L.C Petition for      |    |                              |
| Declaratory Ruling               | )  |                              |
|                                  |    |                              |
| Debra Edwards Cross-Petition for | )  |                              |
| Declaratory Ruling               |    |                              |
|                                  | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: March 21, 2008 Released: March 21, 2008**

By the Chief, Consumer & Governmental Affairs Bureau:

1.  On February 22, 2005, SunCom filed a petition for declaratory ruling
    asking the Commission to declare that the early termination fees
    (ETFs) SunCom charged to members of the putative class in
    *Edwards v. SunCom*[^1] are "rates charged" for purposes of Section
    332(c)(3)(A) of the Communications Act of 1934, as amended.[^2] The
    SunCom Petition was filed pursuant to a court order in *Edwards v.
    SunCom.*[^3] The court ordered SunCom to prepare and file a petition
    for declaratory ruling with the Commission asking whether the ETF in
    the instant case is a "rate\[\] charged" under section
    332(c)(3)(A).[^4] The court stayed the case "until a final ruling is
    rendered" by the Commission.[^5]

2.  On March 4, 2005, Debra Edwards, the lead plaintiff in *Edwards v.
    SunCom*, filed an Opposition and Cross-Petition requesting specific
    declaratory rulings related to the state law claims asserted in
    *Edwards v. SunCom*.[^6] On May 18, 2005, the Commission released a
    public notice seeking comment on the SunCom/Edwards petitions.[^7]

3.  On January 28, 2008, counsel for both SunCom and Debra Edwards filed
    jointly a letter requesting that the petitions in this matter be
    dismissed without further review.[^8] The letter indicates that the
    parties have entered into a settlement that resolves their dispute
    regarding ETFs and terminates the underlying litigation that gave
    rise to the petitions. In light of the parties' settlement
    agreement, we dismiss the SunCom and Edwards petitions as requested
    and close the docket number for this proceeding.[^9]

4.  Accordingly, pursuant to Sections 0.361 and 1.2 of the Commission's
    rules, 47 C.F.R. §§ 0.361 and 1.2, IT IS ORDERED that the Petition
    for Declaratory Ruling filed by SunCom Operating Company, L.L.C.
    filed on February 22, 2005, and the Cross-Petition for Declaratory
    Ruling filed by Debra Edwards filed on March 4, 2005, ARE DISMISSED
    WITHOUT PREJUDICE and WT Docket No. 05-193 IS CLOSED.

> FEDERAL COMMUNICATIONS COMMISSION

Catherine W. Seidel

Chief, Consumer & Governmental Affairs Bureau

[^1]: *Debra Edwards v. SunCom*, No. 02-CP-26-3539 (S.C. Ct. of Common
    Pleas, 15^th^ Jud. Cir., filed May 25, 2004).

[^2]: *See* Petition for Declaratory Ruling filed by SunCom Wireless
    Operating Company L.L.C., WT Docket No. 05-193, filed February 22,
    2005 (SunCom Petition).

[^3]: *Debra Edwards v. SunCom*, Supplemental Order Requiring Defendant
    to File Petition for Declaratory Ruling at the Federal
    Communications Commission and Staying Case Until Such Ruling Is
    Issued (Jan. 18, 2005), attached as Exhibit A of SunCom Petition.

[^4]: *Id.*

[^5]: *Id.*

[^6]: *See* Edwards Opposition and Cross-Petition in WT Docket No.
    05-193 dated March 4, 2005.

[^7]: *See* *Public Notice*, Wireless Telecommunications Bureau Seeks
    Comment on Petition For Declaratory Ruling Filed by SunCom, and
    Opposition and Cross-Petition for Declaratory Ruling Filed by Debra
    Edwards, Seeking Determination of Whether State Law Claims Regarding
    Early Termination Fees are Subject to Preemption Under 47 U.S.C.
    Section 332(c)(3)(A), WT Docket No. 05-193, DA 05-1390 (rel. May 18,
    2005).

[^8]: *See* Letter from Michael D. Hays and Michele Farquhar, Counsel
    for SunCom, Nate Fata and Kent Sinclair, Counsel for Debra Edwards,
    to Marlene H. Dortch, FCC, filed January 28, 2008.

[^9]: We note that CTIA has filed a petition seeking a declaration that
    "any application of state law by a court or other tribunal to
    invalidate, modify, or condition the use or enforcement of ETFs
    based, in whole or in part, upon an assessment of reasonableness,
    fairness, or cost-basis of the early termination fee, or to prohibit
    the use of ETFs as unlawful 'liquidated damages' or penalties,
    constitutes prohibited rate regulation preempted by section
    332(c)(3)(A)." *See* Petition for Expedited Declaratory Ruling filed
    by CTIA, WT Docket No. 05-194, filed March 15, 2005. The Commission
    intends to address that petition in the near future.