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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  03-  1941  RELEASED:  JUNE  13,  2003 
 WIRELESS  TELECOMMUNICATIONS  BUREAU  COMMERCIAL  WIRELESS  DIVISION 
 APPROVES  SETTLEMENT  REQUEST  AND  DISMISSES  APPLICATION  FOR  REVIEW 


 Action  Taken  Pursuant  to  Settlement  Window  Public  Notice  DA  99-  745 
 This  Public  Notice  approves  a  Settlement  Request  filed  by  Antigone  Communications  Limited  Partnership  and  PCS  Devco,  Inc.  (Petitioners),  and  MetroPCS  Wireless,  Inc.  (formerly  GWI  PCS,  Inc., 


 and,  together  with  GWI  PCS1,  Inc.  through  GWI  PCS14,  Inc.,  collectively,  GWI),  and  dismisses  with  prejudice  an  Application  for  Review  jointly  filed  by  Petitioners. 


 On  May  7,  1997,  Petitioners  filed  an  Application  for  Review  of  the  Wireless  Telecommunications  Bureau’s  (Bureau)  grant  of  certain  PCS  licenses  to  GWI.  1  On  April  1,  1999,  Petitioners  filed  a  Request 
 for  Approval  of  Withdrawal  of  Pleading  and  Motion  to  Dismiss  with  Prejudice,  which  they  amended  on  May  7,  1999  and  on  April  1,  2003  (Settlement  Request).  In  the  Settlement  Request,  Petitioners  request 
 that  we  dismiss  with  prejudice  their  Application  for  Review  filed  on  May  7,  1997.  2 
 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.  3  Pursuant  to  the  Bureau’s  Settlement  Window  Public  Notice,  4  Section  0.331  of  the  Commission’s  rules,  5  and  the  statements  contained  in  the  Settlement 
 Request,  the  Division  hereby  approves  the  Settlement  Request  and  dismisses  with  prejudice  Petitioners’ 
 1  See  Applications  of  GWI  PCS,  Inc.,  for  Authority  to  Construct  and  Operate  Broadband  PCS  Systems  Operating 
 on  Frequency  Block  C,  Memorandum  Opinion  and  Order,  12  FCC  Rcd  6441  (WTB  rel.  Apr.  4,  1997). 
 2  In  the  Settlement  Request,  the  Petitioners  request  both  “withdrawal”  and  “dismissal  with  prejudice”  of  the 
 Application  for  Review. 
 3  See  47  U.  S.  C.  §  309(  d). 


 4  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. 


 5  47  C.  F.  R.  §  0.331. 
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 Application  for  Review  filed  on  May  7,  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:  Richard  Arsenault  of  the  Commercial  Wireless  Division  at  (202)  418-  0920  or  rarsenau@  fcc.  gov. 
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