**DA 04-1260**

**May 3, 2004**

**WIRELESS TELECOMMUNICATIONS BUREAU MOBILITY DIVISION**

**APPROVES REQUESTS FOR WITHDRAWAL OF PLEADINGS**

Pursuant to Sections 0.331 and 1.935 of the Commission's rules,[^1] the
Mobility Division approves (1) a request filed by Mobile Relay
Associates (MRA) on April 23, 2004, to dismiss, with prejudice,[^2] its
petition to deny filed on September 22, 2003 (Petition);[^3] and (2) a
request filed by James A. Kay, Jr. (Kay) on April 23, 2004, to dismiss,
with prejudice,[^4] his opposition filed on October 7, 2003
(Opposition).[^5] Both parties filed their requests pursuant to a
Settlement Agreement that was approved on April 15, 2004.[^6] The
Mobility Division has reviewed the requests for dismissal and finds that
the requests raise no substantial or material question of fact under
Section 309(d) of the Communications Act, as amended,[^7] and that the
requests for dismissal comply with Section 1.935 of the Commission's
rules.[^8] Accordingly, we dismiss MRA's Petition and Kay's Opposition
with prejudice.[^9]

Action by Assistant Chief, Mobility Division, Wireless
Telecommunications Bureau.

[^1]: 47 C.F.R. §§ 0.331, 1.935.

[^2]: Request for Dismissal, filed by Mobile Relay Associates (Apr. 23,
    2004).

[^3]: Petition to Dismiss or Deny, filed by Mobile Relay Associates
    (Sept. 22, 2003). MRA filed its Petition against an application
    filed by James A. Kay Jr. seeking authority to operate a Commercial
    Industrial/ Business Pool station in the Rancho Palos Verdes and Los
    Angeles, California area. FCC Application for Wireless
    Telecommunications Bureau Radio Service Authorization, FCC Form 601,
    File No. 0001420784 (Aug. 18, 2003).

[^4]: Request for Dismissal of Pleadings, filed by James A. Kay, Jr.
    (Apr. 23, 2004).

[^5]: Opposition to Petition to Dismiss or Deny, filed by James A. Kay,
    Jr. (Oct. 7, 2003).

[^6]: *See* Wireless Telecommunications Bureau Approves Settlement
    Agreement and Directs Parties to Dismiss Pleadings Within 30 Days,
    *Public Notice*, DA 04-1031 (rel. Apr. 15, 2004) (approving a
    Settlement Agreement entered into on January 19, 2004, by Mobile
    Relay Associates and Mobile Relay Associates, Inc., James A. Kay,
    Jr., and Laurence J. Feinberg).

[^7]: 47 U.S.C. § 309(d).

[^8]: 47 C.F.R. § 1.935.

[^9]: We further note that on April 23, 2004, pursuant to the Settlement
    Agreement, MRA also filed a request to dismiss a petition filed on
    April 1, 2003, Petition for Reconsideration, or Alternatively,
    Petition for Initiation of Revocation Proceeding, filed by Mobile
    Relay Associates (Apr. 1, 2003), seeking reconsideration of the
    grant of an application filed by Laurence J. Feinberg, File No.
    415714. On April 27, 2004, however, before receiving MRA's request
    for dismissal from the Commission's Office of the Secretary, the
    Mobility Division released an order dismissing the petition for
    reconsideration as moot. In the Matter of Laurence J. Feinberg
    Application to Construct and Operate a New Industrial/Business Pool
    Station, on 472.2625/575.2625 MHz at Rancho Palos Verdes,
    California, *Order*, File No. 415714 (rel. Apr. 27, 2004).