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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  05-  1995 
 July  12,  2005 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  MOBILITY  DIVISION 
 APPROVES  WITHDRAWAL  OF  PLEADINGS  AND  CONSENTS  TO  ASSIGNMENT  OF  PARTITIONED  LICENSES 


 File  No.  0001158862 
 By  this  Public  Notice,  the  Mobility  Division  of  the  Wireless  Telecommunications  Bureau  accepts  the  November  19,  2004  Texas  License  Consultants  (TLC)  Request  for  Withdrawal  of  Pleadings  (TLC 
 Request)  and  the  March  19,  2004  Warren  C.  Havens  (Havens)  Request  To  Withdraw  Pleadings  (Havens  Request),  and  dismisses  with  prejudice  the  petition  to  deny  filed  by  Havens  with  respect  to  the  application 
 for  assignment  of  partitioned  licenses  from  the  Chapter  7  Estate  of  Net  Radio  Group  Communications,  LLC  to  TLC,  FCC  File  No.  0001158862. 


 The  above-  referenced  application  was  initially  submitted  to  the  Commission  on  January  23,  2003,  proposing  the  assignment  of  partitioned  licenses  from  Net  Radio  Group,  LLC  (NRG)  to  TLC.  Havens 
 submitted  a  petition  to  deny  against  the  referenced  application  on  February  28,  2003.  TLC  submitted  responsive  pleadings  on  March  13  and  April  1,  2003,  and  January  1,  2004.  An  Order  for  Relief  was 
 entered  by  the  United  States  Bankruptcy  Court  for  the  District  of  Columbia  (Case  No.  03-  13532  (MFW))  declaring  NRG  a  bankrupt  entity  under  Chapter  7  of  the  U.  S.  Bankruptcy  Code.  NRG  submitted  an 
 application  to  the  Commission  to  notify  it  of  the  involuntary  assignment  of  the  licenses  held  by  NRG  to  the  Chapter  7  Estate  of  NRG  (see  FCC  File  No.  0001665191).  On  March  19,  2004,  the  Bankruptcy  Court 
 entered  an  Order  approving  the  transaction.  On  the  same  day,  Havens  submitted  his  request  to  withdraw  his  petition  to  deny  and  related  pleadings.  TLC  subsequently  withdrew  its  pleadings  to  permit  the 
 Commission  to  act  on  the  underlying  assignment  application. 
 The  Mobility  Division  has  reviewed  the  TLC  Request  and  Havens  Request,  and  finds  that  they  raise  no  substantial  or  material  questions  of  fact  under  Section  309(  d)  of  the  Communications  Act  of 
 1934,  as  amended,  47  U.  S.  C.  §  309(  d).  Accordingly,  pursuant  to  Sections  0.331  and  1.935  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.331  and  1.935,  and  based  on  the  statements  contained  in  the  TLC 
 Request  and  Havens  Request,  the  Mobility  Division  hereby  approves  the  withdrawal  of,  and  dismisses  with  prejudice,  the  Havens  Petition  to  Deny  filed  on  February  28,  2003,  with  respect  to  the  above– 
 referenced  assignment  application.  All  other  pleadings  filed  in  this  matter  are  hereby  deemed  moot  and  also  dismissed.  The  Mobility  Division  hereby  consents  to  application  File  No.  0001158862. 


 Action  by  the  Deputy  Chief,  Mobility  Division. 
 FOR  FURTHER  INFORMATION,  CONTACT:  Katherine  M.  Harris,  Deputy  Chief,  Mobility  Division,  at  (202)  418-  0609  or  Kathy.  Harris@  fcc.  gov. 
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