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 Federal  Communications  Commission  DA  02-  3025 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Nova  Cellular  West,  Inc., 
 Petitioner, 
 v. 
 AirTouch  Cellular, 
 Respondent. 


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 File  No.  EB-  00-  MD-  022 


 ORDER 
 Adopted:  November  5,  2002  Released:  November  6,  2002 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  August  26,  2002,  Nova  Cellular  West,  Inc.  d/  b/  a  San  Diego  Wireless  (“  Nova”),  pursuant  to  section  405  of  the  Communications  Act  of  1934,  as  amended  (“  Act”)  1  and  section  1.106  of  the 


 Commission’s  rules,  47  C.  F.  R.  §  1.106,  filed  a  Petition  for  Reconsideration  2  of  the  Commission’s  Memorandum  Opinion  and  Order  in  the  above  captioned  matter.  3 


 2.  On  October  22,  2002,  the  parties  filed  a  Joint  Motion  for  Withdrawal  and  Dismissal  with  Prejudice  of  Pending  Petition  for  Reconsideration,  Opposition  and  Reply  in  which  they  state  that  they 
 have  reached  a  mutually  acceptable  settlement  of  all  issues  raised  in  this  proceeding.  4  Their  Joint  Motion  withdraws  the  Petition  for  Reconsideration,  Opposition  to  Petition  for  Reconsideration,  5  and  Reply  6  filed 


 1  47  U.  S.  C.  §405. 
 2  Petition  For  Reconsideration  of  Nova  Cellular  West,  Inc.  d/  b/  a  San  Diego  Wireless  Communications, 
 Nova  Cellular  West,  Inc.  d/  b/  a  San  Diego  Wireless  v.  AirTouch  Cellular,  File  No.  EB-  00-  MD-  022  (filed  Aug.  26,  2002)  (“  Petition  for  Reconsideration”  or  “Petition”). 


 3  Nova  Cellular  West,  Inc.  d/  b/  a  San  Diego  Wireless  v.  AirTouch  Cellular,  Memorandum  Opinion  and 
 Order,  17  FCC  Rcd.  15,026  (2002). 
 4  Joint  Motion  for  Withdrawal  and  Dismissal  With  Prejudice  of  Pending  Petition  for  Reconsideration, 
 Opposition  and  Reply,  Nova  Cellular  West,  Inc.  d/  b/  a  San  Diego  Wireless  v.  AirTouch  Cellular,  File  No.  EB-  00-  MD-  022  (filed  Oct.  22,  2002). 


 5  Opposition  of  AirTouch  Cellular  to  Petition  for  Reconsideration,  Nova  Cellular  West,  Inc.  d/  b/  a  San 
 Diego  Wireless  v.  AirTouch  Cellular,  File  No.  EB-  00-  MD-  022  (filed  Sept.  6,  2002). 
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 Federal  Communications  Commission  DA-  02-  3025 
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 in  this  proceeding,  and  moves  the  Commission  to  dismiss  the  matter  with  prejudice. 
 3.  We  are  satisfied  that  dismissing  the  Petition  will  serve  the  public  interest  by  promoting  the  private  resolution  of  disputes  and  by  eliminating  the  need  for  further  litigation  and  the  expenditure  of 


 additional  time  and  resources  of  the  parties  and  this  Commission. 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  208,  and  405  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  208,  and  405,  and  section  1.106 


 of  the  Commission’s  rules,  47  C.  F.  R.  §  1.106,  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  joint  motion  to  dismiss  the  above-  captioned 
 Petition  with  prejudice  IS  GRANTED. 
 5.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  208  and  405  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  208,  and  405,  and  section  1.106 


 of  the  Commission’s  rules,  47  C.  F.  R.  §  1.106,  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  Nova’s  Petition  for  Reconsideration  IS 
 DISMISSED  WITH  PREJUDICE  and  this  proceeding  is  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 


 6  Nova  Cellular  West,  Inc  d/  b/  a  San  Diego  Wireless  Communications  Reply  to  AirTouch  Cellular 
 Opposition  to  Petition  for  Reconsideration  of  FCC  02-  217,  Nova  Cellular  West,  Inc.  d/  b/  a  San  Diego  Wireless  v.  AirTouch  Cellular,  File  No.  EB-  00-  MD-  022  (filed  Sept  16,  2002). 
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