**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| Northwest Missouri Cellular      | ) | File No. EB-03-MD-013        |
| Limited Partnership,             |   |                              |
|                                  | ) |                              |
| Complainant,                     |   |                              |
|                                  | ) |                              |
| 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:

1.  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]

2.  By letter dated September 7, 2004, counsel for NWMC requested that
    the formal complaint be reclassified as an informal complaint[^5]
    (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.

3.  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.

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. §§ 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.

5.  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.

6.  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.

7.  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.

8.  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.

9.  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.

10. 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").