Federal Communications Commission Washington, D.C. 20554 September 22, 2009 DA 09-2091 Tony S. Lee, Esq. Caryn G. Pass, Esq. Grace H. Lee, Esq. VENABLE LLP 575 7th Street, N.W. Washington, DC 20004 Re: Indian Springs School Educational Broadband Service Station WND280 Dear Counsel: On September 15, 2009, Indian Springs School (Indian Springs) filed a request1 to withdraw an informal request for Commission action2 it had filed in connection with an application for consent to a long-term de facto transfer lease arrangement for Educational Broadband Service Station WND280.3 For the reasons stated below, we grant the Withdrawal Request. On August 5, 2009, Indian Springs and Clearwire Spectrum Holdings II, LLC (together with its parent corporation, Clearwire corporation, Clearwire) filed the Lease Application.4 Indian Springs and Clearwire represented that consent to the Lease Application would “provide [Clearwire] with access to spectrum to build and operate a broadband system . . . and assist [Indian Springs] with providing educational service and meeting its educational service requirements.”5 On August 26, 2009, in connection with the Lease Application, Indian Springs filed the Request for Review.6 Utopian Wireless Corporation (Utopian) filed a response on September 4, 2009.7 On September 3, 2009, Clearwire filed a response indicating its desire to have the Lease Application withdrawn unless and until Indian Springs and Utopian resolved certain issues.8 1 Motion to Withdraw Informal Request for Commission Action, Indian Springs School (filed Sep. 15, 2009) (Withdrawal Request). 2 Informal Request for Commission Action – Request for Review of Lease Agreement Terms (filed Aug. 26, 2009) (Request for Review). 3 File No. 0003921977 (filed Aug. 5, 2009) (Lease Application). 4 Id. 5 Lease Application, Description of Transaction and Public Interest Statement. 6 Request for Review. 7 Response to Informal Request for Commission Action– Request for Review of Lease Agreement/ Utopian Request for Immediate Action and Letter Order, Utopian Wireless Corporation (filed Sep. 4, 2009). 8 Response of Clearwire Corporation (filed Sep. 3, 2009) Tony S. Lee, Esq., et al. 2 On September 15, 2009, Indian Springs filed the Withdrawal Request.9 On September 16, 2009, Indian Springs supplemented its Withdrawal Request to provide a copy of the settlement agreement between itself and Utopian, as well as the affidavit required by Section 1.935(a) of the Commission’s Rules.10 We have reviewed the Withdrawal Request and find that Indian Springs has provided a copy of the agreement between itself and Utopian and made the certifications required by Section 1.935(a) of the Commission’s Rules.11 Furthermore, both Utopian and Clearwire have made the certifications required by Section 1.935(b) of the Commission’s Rules.12 In conjunction with its certification, Clearwire now asks that the Lease Application be expeditiously processed.13 We also find that withdrawal of the Request for Review would be in the public interest because it would terminate litigation concerning the Lease Application and could facilitate the provision of broadband and educational services. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.935 of the Commission’s Rules, 47 C.F.R. § 1.935, that the Motion to Withdraw Informal Request for Commission Action filed by Indian Springs School on September 15, 2009 IS GRANTED, and the Informal Request for Commission Action – Request for Review of Lease Agreement Terms filed by Indian Springs School on August 26, 2009 IS DISMISSED with prejudice. 9 Withdrawal Request. 10 Affidavit in Support of Motion to Withdraw Informal Request for Commission Action, Indian Springs School (filed Sep. 16, 2009). Attached to the affidavit was a copy of “Settlement and Mutual Release Agreement” (Settlement Agreement) between Indian Springs and Utopian. 11 47 C.F.R. § 1.935(a). 12 Affidavit of Rudolph J. Geist in Regards to Indian Springs Schools’ Withdraw of Informal Request for Commission Action, Utopian Wireless Corporation (filed Sep. 17, 2009); Request for Withdrawal and Declaration, Clearwire Corporation (filed Sep. 17, 2009). 13 Request for Withdrawal and Declaration, Clearwire Corporation (filed Sep. 17, 2009) at 1. Tony S. Lee, Esq., et al. 3 IT IS FURTHER ORDERED, pursuant to Sections 4(i) and 309 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 309, and Section 1.935 of the Commission’s Rules, 47 C.F.R. § 1.9030, that the licensing staff of the Broadband Division SHALL PROCESS the application for consent to a long-term de facto transfer lease arrangement for Educational Broadband Service Station WND280 (File No. 0003921977), in accordance with this letter and the Commission’s Rules and policies. These actions are 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 John J. Schauble Deputy Chief, Broadband Division Wireless Telecommunications Bureau cc: Indian Springs School Attention: ET Brown 190 Woodward Drive Indian Springs, AL 35124 Clearwire Corporation Attention: Nadja S. Sodos-Wallace 815 Connecticut Avenue, N.W., Suite 610 Washington, DC 20006 Rudolph J. Geist Chairman and CEO Utopian Wireless Corporation 7910 Woodmont Avenue, Suite 1400 Bethesda, MD 20814