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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  No.  04-  52 
 January  13,  2004 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  MOBILITY  DIVISION 
 APPROVES  WITHDRAWAL  OF  APPLICATION  FOR  REVIEW  AND  PETITION  FOR  RECONSIDERATION 


 This  Public  Notice  approves  the  withdrawal  of  an  Application  for  Review  and  a  Petition  for  Reconsideration  jointly  filed  by  Warren  C.  Havens  and  Telesaurus  Holdings  GB  LLC  (Petitioners). 
 On  November  12,  2002,  Petitioners  filed  an  Application  for  Review  of  the  Wireless  Telecommunications  Bureau’s  (Bureau)  determination  that  PCS  Partners,  L.  P.  (PCSP)  met  the  threshold 
 requirements  to  participate  in  Auction  No.  39,  and  that  PCSP  was  eligible  for  a  bidding  credit  offered  to  very  small  businesses  in  that  auction.  1  PCSP  filed  an  Opposition  to  the  Application  for  Review  on 
 November  27,  2002,  and  Petitioners  filed  a  Reply  on  December  11,  2002. 
 On  November  29,  2002,  Petitioners  filed  a  Petition  for  Reconsideration  of  the  Bureau’s  grant  of  certain  Location  and  Monitoring  Service  licenses  to  PCSP,  which  it  won  in  Auction  No.  39.  2  PCSP  filed 
 an  Opposition  to  the  Petition  for  Reconsideration  on  December  12,  2002,  and  Petitioners  filed  a  Reply  on  December  24,  2002.  On  January  8,  2003,  Petitioners  filed  a  Request  for  Leave  to  Supplement  the  Reply, 
 and  filed  a  Supplement  to  the  Reply.  PCSP  filed  an  Opposition  to  the  Request  for  Leave  and  Supplement  on  January  21,  2003. 


 On  December  30,  2003,  Petitioners  filed  a  Request  for  Approval  to  Withdraw  with  prejudice  their  above  referenced  Application  for  Review  and  Petition  for  Reconsideration.  Petitioners  also  filed  a 
 certification  in  support  of  thier  request  pursuant  to  section  1.935  of  the  Commission’s  rules.  3  On  January  8,  2004,  PCSP  filed  a  certification  in  support  of  Petitioners’  request  pursuant  to  section  1.935.  The 
 Mobility  Division  has  reviewed  the  Request  for  Approval  to  Withdraw  and  finds  that  it  raises  no  substantial  or  material  questions  of  fact  under  Section  309(  d)  of  the  Communications  Act  of  1934,  as 
 amended.  4  Pursuant  to  sections  0.331  and  1.935  of  the  Commission’s  rules,  5  and  the  statements  contained 


 1  In  the  Matter  of  Auction  of  Licenses  for  VHF  Public  Coast  and  Location  and  Monitoring  Service  Spectrum,  Order, 
 17  FCC  Rcd  19746  (WTB  2002). 
 2  In  the  Matter  of  PCS  Partners,  LP,  File  No.  0000506827,  Order,  17  FCC  Rcd  21419  (WTB,  CWD  2002). 


 3  47  C.  F.  R.  §  1.935. 
 4  47  U.  S.  C.  §  309(  d). 
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 in  the  Request  for  Approval  to  Withdraw  and  in  the  related  certifications  of  Petitioners  and  PCSP,  the  Mobility  Division  hereby  approves  the  Request  for  Approval  to  Withdraw  and  dismisses  with  prejudice 
 Petitioners’  Application  for  Review  and  Petition  for  Reconsideration,  filed  on  November  12  and  29,  2002,  respectively.  In  view  of  the  foregoing,  all  other  related  pleadings  filed  in  these  matters  are  hereby 
 deemed  moot  and  dismissed. 
 Action  by  the  Deputy  Chief,  Mobility  Division. 
 FOR  FURTHER  INFORMATION  CONTACT:  Richard  Arsenault,  Chief  Counsel,  Mobility  Division  at  (202)  418-  0920  or  Richard.  Arsenault@  fcc.  gov. 


 5  47  C.  F.  R.  §§  0.331  and  1.  935. 
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