**DA 03-1775**

# Released: May 23, 2003

**WIRELESS TELECOMMUNICATIONS BUREAU**

**COMMERCIAL WIRELESS DIVISION**

**APPROVES SETTLEMENT REQUEST AND**

**DISMISSES TWO APPLICATIONS FOR REVIEW**

### 

### Action Taken Pursuant to Settlement Window Public Notice DA 99-745

This Public Notice approves the Settlement Request filed by Antigone
Communications Limited Partnership, PCS Devco, Inc. (collectively,
Petitioners), and NextWave Personal Communications, Inc. (NextWave), and
dismisses with prejudice two Applications for Review jointly filed by
Petitioners.

On March 17, 1997, Petitioners filed an Application for Review of the
Wireless Telecommunications Bureau's (Bureau) conditional grant of 63
C-block PCS licenses to NextWave.[^1] On June 16, 1997, Petitioners
filed an Application for Review of the Bureau's decision to extend the
deadline for NextWave to comply with its foreign ownership restructuring
obligations under the NextWave Licensing Order.[^2]

On June 1, 1998, Petitioners filed a Request for Approval of Withdrawal
of Pleading and Motion to Dismiss with Prejudice, which they amended on
April 29, 1999 and to which they filed an Erratum on May 20, 2003
(Settlement Request). In the Settlement Request, Petitioners request
that we dismiss with prejudice their Applications for Review filed on
March 17, 1997 and on June 16, 1997.[^3]

The Bureau's Commercial Wireless Division (Division) has reviewed the
Settlement Request and finds that it raises no substantial or material
questions of fact under Section 309(d) of the Communications Act of
1934, as amended.[^4] Pursuant to the Bureau's Settlement Window Public
Notice,[^5] Section 0.331 of the Commission's rules,[^6] and the
statements contained in the Settlement Request, the Division hereby
approves the Settlement Request and dismisses with prejudice
Petitioners' Applications for Review filed on March 17, 1997 and on June
16, 1997. In view of the foregoing, all other related pleadings filed in
this matter are hereby deemed moot and dismissed.

Action by the Chief, Commercial Wireless Division.

FOR FURTHER INFORMATION CONTACT: Gary Oshinsky of the Commercial
Wireless Division at (202) 418-7167 or goshinsk@fcc.gov.

[^1]: ^?^ Applications of NextWave Personal Communications, Inc., For
    Various C-Block Broadband PCS Licenses, File Nos. 00341CWL96 *et
    al.*, *Memorandum Opinion and* *Order*, DA 97-328, 12 FCC Rcd 2030
    (WTB rel. Feb. 14, 1997) (NextWave Licensing Order).

[^2]: NextWave Personal Communications, Inc., Request for Temporary
    Waiver of Indirect Alien Ownership Limits, File Nos. 00341CWL96 *et
    al.*, *Order*, DA 97-1040, 12 FCC Rcd 6543 (WTB rel. May 16, 1997).

[^3]: ^?^ In the Settlement Request, the Petitioners request both
    "withdrawal" and "dismissal with prejudice" of the designated
    pleadings.

[^4]: ^?^ 47 U.S.C. § 309(d).

[^5]: *See* "Wireless Telecommunications Bureau Waives Limitations on
    Payments in Settlement Agreements Among Parties In Contested
    Licensing Cases," *Public Notice*, DA 99-745, 14 FCC Rcd 6551 (WTB
    rel. Apr. 16, 1999) (Settlement Window Public Notice). In the
    Settlement Window Public Notice, the Bureau provided for a limited
    waiver of Sections 1.935(a) and 1.935(b) of the Commission\'s Rules,
    allowing parties to resolve certain contested licensing proceedings
    by settlement without limiting the consideration promised, paid, or
    received.

[^6]: ^?^ 47 C.F.R. § 0.331.