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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12th  St.,  S.  W.  Washington,  D.  C.  20554  DA  01-  883 
 April  6,  2001 
 WIRELESS  TELECOMMUNICATIONS  BUREAU  APPROVES  WITHDRAWAL  OF 
 APPLICATION  FOR  REVIEW,  PARTIAL  OPPOSITION  TO  APPLICATION,  AS  AMENDED, 
 AND  PETITION  FOR  RECONSIDERATION 


 On  March  31,  2000,  Smoky  Hill  Cellular  of  Colorado  Limited  Partnership  (Smoky  Hill)  and  Badlands 
 Cellular  of  North  Dakota  Limited  Partnership  (Badlands)  jointly  filed  an  Application  for  Review  of  the 
 Commercial  Wireless  Division’s  (Division)  March  3,  2000  Order,  which  jointly  dismissed  Smoky  Hill’s 
 and  Badland’s  Petitions  for  Reconsideration  for  failure  to  comply  with  Commission  rule  section  1.106(  b).  1 
 On  October  13,  2000,  Smoky  Hill  filed  a  “Partial  Opposition  to  Application,  as  Amended,”  regarding  the 
 September  26,  2000  request  of  GAP  Cellular,  L.  C.  (GAP)  to  amend  its  application  to  construct  cellular 
 base  stations  in  Kiowa,  Colorado.  2  On  November  3,  2000,  Smoky  Hill  filed  a  Petition  for  Reconsideration 
 of  the  October  10,  2000  decision  of  the  Commercial  Wireless  Division,  Licensing  and  Technical  Analysis 
 Branch  (Branch),  which  granted  GAP’s  request  for  an  extension  of  time  to  complete  construction  of  the 
 Kiowa,  Colorado  cell  site. 


 On  November  3,  2000,  Smoky  Hill  filed  a  Motion  to  Withdraw  Partial  Opposition  to  Application,  as 
 Amended,  as  a  result  of  the  October  10,  2000  Branch  decision  granting  GAP’s  amended  applications.  On 
 December  12,  2000,  Smoky  Hill  and  Badlands  jointly  filed  a  Motion  for  Leave  to  Withdraw  Application 
 for  Review,  stating  that  GAP  has  surrendered  its  construction  authority  for  the  Firstview,  Cheynne  and 
 Wibaux,  Colorado  sites,  and  therefore  the  Application  for  Review  is  moot  with  respect  to  those  sites. 
 Smoky  Hill  and  Badlands  also  state  that  they  no  longer  desire  to  pursue  the  matter  regarding  GAP’s 
 Kiowa,  Colorado  cell  site.  Further,  on  December  12,  2000,  Smoky  Hill  filed  a  Motion  to  Withdraw  Petition 
 for  Reconsideration  stating  that  it  no  longer  desires  to  pursue  the  matter  regarding  the  grant  of  Gap’s 
 request  for  extension  of  time  to  construct. 


 Smoky  Hill  and  Badland  state  that  the  referenced  motions  to  withdraw  are  unilateral  and  voluntary  actions, 
 and  are  not  the  result  of  a  settlement  agreement  with  GAP.  Accordingly,  we  hereby  grant,  without 
 prejudice,  the  following:  1)  Smoky  Hill’s  Motion  to  Withdraw  Partial  Opposition  to  Application,  as 
 Amended,  filed  on  November  3,  2000;  2)  Smoky  Hill’s  and  Badlands’s  Motion  for  Leave  to  Withdraw 
 Application  for  Review  filed  December  12,  2000;  and  3)  Smoky  Hill’s  Motion  to  Withdraw  Petition  for 
 Reconsideration  filed  December  12,  2000. 


 1  In  re  the  Applications  of  GAP  Cellular,  L.  C.  for  Phase  II  Unserved  Areas,  Market  No.  352(  B),  Colorado  5  – 
 Elbert  RSA,  Station  KNKR202,  Order,  DA  00-  444  (2000).  47  C.  F.  R.  1.106(  b). 
 2  On  October  18,  2000,  Smoky  Hill  filed  a  “Supplement  to  Partial  Opposition  to  Application,  As  Amended.” 
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 Action  taken  by  the  Chief,  Commercial  Wireless  Division,  Wireless  Telecommunications  Bureau. 
 For  further  information,  contact  Aisha  Braveboy  at  (202)  418-  1433,  Policy  and  Rules  Branch,  Commercial 
 Wireless  Division,  Wireless  Telecommunications  Bureau. 
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