Federal Communications Commission Washington, D.C. 20554 July 9, 2009 DA 09-1512 Elizabeth R. Sachs Lukas, Nace, Gutierrez & Sachs, LLP 1650 Tysons Blvd., suite 1500 McLean, VA 22102 Re: Withdrawal of application for review Dear Ms. Sachs: On May 21, 2007, the Dallas Area Rapid Transit Authority (DART) filed an application for review of the Mobility Division’s partial denial1 of DART’s petition for reconsideration of the Public Safety and Critical Infrastructure Division’s2 denial3 of DART’s request that the Commission reinstate its permanent authorization for frequency 936.9000 MHz under Call Sign WNJU479, Dallas, Texas, and revoke the co-channel license issued to Samuel Moses (Moses) under Call Sign WPTG843, Dallas, Texas. Subsequently, DART’s application (File No. 0003281568) to operate on the frequency formerly authorized under Call Sign WNJU843 was granted, as was the application (File No. 0003300927) of Moses’s successor-in-interest to cancel the license for Station WPTG843. Consequently, DART has obtained the relief it sought in the application for review. On July 7, 2009, DART sought to withdraw the application for review. We have reviewed DART’s request, and conclude, based on the circumstances presented, that good cause exists to permit DART to withdraw the application for review. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1.8 of the Commission's Rules, 47 C.F.R § 1.8, the request to withdraw filed by the Dallas Area Rapid Transit Authority on July 7, 2009 IS GRANTED. This action is taken under delegated authority pursuant to Section 0.131 and 0.331 of the Commission's Rules, 47 C.F.R §§ 0.131, 0.331. FEDERAL COMMUNICATIONS COMMISSION Scot Stone Deputy Chief, Mobility Division Wireless Telecommunications Bureau 1 Samuel Moses, Order on Reconsideration, 22 FCC Rcd 7425 (WTB MD 2007). 2 Pursuant to a Commission reorganization effective September 25, 2006, certain duties of the Public Safety and Critical Infrastructure Division were assumed by the Mobility Division. See Establishment of the Public Safety and Homeland Security Bureau, Order, 21 FCC Rcd 10867 (2006). 3 Samuel Moses, Order, 21 FCC Rcd 7205 (WTB PSCID 2006). 2 Cc: MD chron S Stone S Kimball