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 Federal  Communications  Commission  DA  04-  770 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  Revision  of  the  Commission’s  Rules  to  ) 
 Ensure  Compatibility  with  )  CC  Docket  No.  94-  102  Enhanced  911  Emergency  Calling  Systems:  ) 
 )  Nextel  Partners,  Inc.  Letter  to  Withdraw  ) 


 ORDER 
 Adopted:  March  22,  2004  Released:  March  24,  2004 
 By  the  Acting  Associate  Chief,  Public  Safety  and  Critical  Infrastructure  Division,  Wireless  Telecommunications  Bureau: 


 1.  On  November  28,  2003,  Nextel  Partners,  Inc.  (Nextel)  requested  1  an  extension  of  a  deadline  set  forth  in  the  Commission’s  prior  Waiver  Order  applicable  to  Nextel.  2  On  December 
 3,  2003,  Nextel  filed  a  letter  requesting  to  withdraw  its  waiver  request.  By  this  Order,  we  grant  the  letter  request,  and,  therefore,  dismiss  Nextel’s  waiver  request.  3 


 2.  In  its  letter,  Nextel  submits  that  its  waiver  request  was  based  on  preliminary  data  for  the  period  December  31,  2002  to  November  24,  2003.  According  to  Nextel,  this  data  raised 
 the  possibility  that  it  might  not  be  able  to  achieve  the  objective  of  the  ten  percent  assisted  GPS  capable  handset  activation  by  November  30,  2003  as  set  forth  in  the  Commission’s  prior  Waiver 
 Order.  4  The  December  3,  2003  submits,  however,  that  based  on  final  data  for  the  entire  compliance  period,  December  31,  2002  to  November  30,  2003,  Nextel  has  determined  that  its 
 compliance  target  has  been  met  and  exceeded.  Consequently,  Nextel  asserts,  no  waiver  or  extension  of  the  deadline  is  necessary.  Consequently,  we  conclude  that  the  Nextel  Waiver 
 Request  is  moot. 
 3.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  Section  4(  i)  of  the  Communications  Act,  as  amended,  47  U.  S.  C.  §  154(  i),  that  the  Letter  to  Withdraw  filed  by 


 1  See  Request  of  Nextel  Partners,  Inc.  for  Limited,  Temporary  Waiver  and  Extension  of  E911  Deadline  (filed  Nov. 
 28,  3003)  (seeking  a  ninety-  day  extension  of  its  November  30,  2003  deadline  for  ensuring  that  ten  percent  of  all  new  handsets  activated  are  location-  capable  seeking  a  waiver  of  E911  filing  requirements). 


 2  Revision  of  the  Commission’s  Rules  to  Ensure  Compatibility  with  Enhanced  911  Emergency  Calling  Systems, 
 Wireless  E911  Phase  II  Implementation  Plan  of  Nextel  Communications,  Inc.,  Order,  CC  Docket  No.  94-  102,  16  FCC  Rcd  18277  (2001)  (Waiver  Order);  see  also  47  C.  F.  R.  §  20.18(  g). 


 3  Request  for  Withdrawal  of  Request  of  Nextel  Partners,  Inc.  for  Limited,  Temporary  Waiver  and  Extension  of 
 E911  Deadline,  CC  Docket  No.  94-  102  (filed  Dec.  3,  2003). 
 4  See  Waiver  Order,  16  FCC  Rcd  at  18288  ¶  32. 
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 Nextel  Partners,  Inc.  on  December  3,  2003,  IS  GRANTED,  and  the  Request  for  Limited,  Temporary  Waiver  and  Extension  of  E911  Deadline  filed  on  November  28,  2003  IS 
 DISMISSED  AS  MOOT. 
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 4.  This  action  is  taken  under  delegated  authority  pursuant  to  Sections  0.131  and  0.331  of  the  Commission's  Rules,  47  C.  F.  R.  §§  0.131,  0.331. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Scot  Stone  Acting  Associate  Division  Chief 
 Public  Safety  and  Critical  Infrastructure  Division  Wireless  Telecommunications  Bureau 
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