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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov 
 ftp.  fcc.  gov 
 DA  01-  326  Released:  February  8,  2001 
 Wireless  Telecommunications  Bureau’s  Commercial  Wireless  Division  Approves  the 
 Withdrawal  of  Petition  for  Reconsideration 
 ACTION  TAKEN  PURSUANT  TO  SETTLEMENT  PUBLIC  NOTICE  DA  99-  745 
 Teresa  L.  Chase  (Chase),  the  target  licensee,  filed  a  petition  for  reconsideration  of  a 
 decision  by  the  Bureau’s  Office  of  Operations  in  a  900  MHz  SMR  finder's  preference  case,  Case 
 No.  95F740  (Call  Sign  WNLS526).  The  Office  of  Operations  awarded  a  finder’s  preference  to 
 Power  Spectrum  of  Orlando,  Inc.  (Power  Spectrum),  1  the  finder.  Power  Spectrum  and  Chase 
 (collectively  the  “Parties”)  have  settled  the  dispute  and  have  requested  that  the  petition  for 
 reconsideration  be  withdrawn. 


 The  Commercial  Wireless  Division  (Division)  has  reviewed  the  petition  for  reconsideration 
 and  finds  that  it  raises  no  substantial  or  material  questions  of  fact  under  Sections  309  and  405  of 
 the  Communications  Act,  as  amended,  47  U.  S.  C.  §§  309  and  405.  In  this  case,  the  Parties  have 
 requested  that  the  finder’s  preference  award  be  set  aside.  The  Division  also  hereby  approves  the 
 withdrawal  of  the  petition  for  reconsideration,  sets  aside  the  finder’s  preference  award,  and  sets 
 aside  the  notice  of  cancellation  for  Call  Sign  WNLS526  without  judging  the  merits  or  establishing 
 any  judicial  precedent.  It  does  so  in  accordance  with  sections  0.331,  1.106,  1.935,  and 
 90.173(  k)(  1994)  of  the  Commission's  rules  2  and  Public  Notice,  DA  99-  745. 


 Action  by  Deputy  Chief,  Commercial  Wireless  Division,  Wireless  Telecommunications 
 Bureau. 


 For  further  information,  contact  Don  Johnson  of  the  Policy  and  Rules  Branch,  Commercial 
 Wireless  Division,  Wireless  Telecommunications  Bureau  at  (202)  418-  7240. 


 1  Power  Spectrum  was  a  subsidiary  of  Geotek  Communications,  Inc.  (Geotek),  a  former  900  MHz  licensee, 
 which  has  assigned  its  licenses  and  discontinued  operations.  The  Parties  filed  this  settlement  agreement  during 
 the  settlement  window  pursuant  to  Public  Notice,  DA  99-  745,  while  Geotek  was  in  bankruptcy. 


 2  47  C.  F.  R.  §§  0.331,  1.106,  1.935,  and  90.173(  k)(  1994). 
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