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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  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 


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