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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  06-  1090 
 Released:  May  24,  2006 


 WIRELESS  TELECOMMUNICATIONS  BUREAU  MOBILITY  DIVISION 
 APPROVES  WITHDRAWAL  OF  PETITION  FOR  DECLARATORY  RULING 


 By  this  Public  Notice,  the  Mobility  Division  of  the  Wireless  Telecommunications  Bureau  approves  a  Request  to  Withdraw  a  Petition  for  Declaratory  Ruling  filed  by  New  Cingular  Wireless  PCS, 
 LLC  (New  Cingular)  on  May  15,  2006  (Withdrawal  Request). 


 New  Cingular  is  the  successor-  in-  interest  to  AT&  T  Wireless  Services,  Inc.  (AWS).  On  April  8,  2004,  AWS  filed  a  Petition  for  Declaratory  Ruling  (Petition).  In  that  Petition,  AWS  requested  that  the 
 Commission  affirm  the  right  of  AWS  to  collect  microwave  cost-  sharing  reimbursement  from  Pinpoint  Communications,  Inc.  under  Section  24.247(  a)  of  the  Commission  rules  1  and  an  interpretation  of  that  rule 
 by  the  PCIA  Microwave  Clearinghouse  known  as  the  “immediate  trigger”  policy.  2 


 On  May  15,  2006,  New  Cingular,  as  AWS’s  successor-  in-  interest,  withdrew  the  Petition  and  requested  that  the  Commission  terminate  this  proceeding.  The  Mobility  Division  has  reviewed  the 
 Withdrawal  Request  of  New  Cingular  and  finds  that  it  raises  no  substantial  or  material  questions  of  fact.  Accordingly,  pursuant  to  Sections  0.331,  1.2  and  1.8  of  the  Commission's  rules,  3  the  Mobility  Division 
 hereby  approves  the  withdrawal  of,  and  dismisses  with  prejudice,  the  Petition  for  Declaratory  Ruling  filed  by  AT&  T  Wireless  Services,  Inc.  on  April  8,  2004.  All  other  pleadings  filed  in  that  matter  are  hereby 
 deemed  moot. 


 Action  by  the  Associate  Chief,  Mobility  Division. 
 FOR  FURTHER  INFORMATION  CONTACT:  Richard  Arsenault,  Chief  Counsel,  Mobility  Division,  at  (202)  418-  0920  or  Richard.  Arsenault@  fcc.  gov. 


 1  47  C.  F.  R.  §  24.247(  a). 
 2  See  “What  is  an  immediate  trigger?”  at  http://  www.  pcia.  com/  microwave/  micro_  faq.  htm  (site  last  accessed  May  16, 
 2006). 
 3  47  C.  F.  R.  §§  0.331,  1.  2  &  1.8. 
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