*Pages 1--2 from Microsoft Word - 11411.doc* Federal Communications Commission DA 01- 2121 Before the Federal Communications Commission Washington, D. C. 20554 In re Applications of DALE WESTPHALL For New 464.650 MHz Facility In Charlotte, NC and FCCA, LLC For New 454.650 MHz Facility On Anderson Mt., NC ) ) ) ) ) ) ) ) ) ) ) File No. 26992- CD- P/ L- 94 File No. 27999- CD- P/ L- 94 ERRATUM Adopted: September 10, 2001 Released: September 11, 2001 By the Deputy Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On October 18, 1999, the Commercial Wireless Division of the Wireless Telecommunications Bureau (Division) released an Order 1 approving a settlement agreement between Dale Westphall (Westphall) and FCCA, LLC (FCCA) regarding the parties’ mutually exclusive applications for operation on 454.650 MHz in North Carolina. The Division Order indicated that both Westphall’s and FCCA’s applications had been dismissed as requested pursuant to the parties’ settlement agreement. However, the dismissal of FCCA’s application was in error, as the parties had requested in the settlement agreement that Westphall’s application be dismissed and that FCCA’s application be granted. 2. This erratum corrects the statement in the Division Order that FCCA’s application was dismissed at the applicant’s request and sets aside the inadvertent dismissal of File No. 27999- CD- P/ L-94. Consistent with the terms of the parties’ settlement agreement as approved in the Division Order, we hereby grant FCCA’s application under File No. 27999- CD- P/ L- 94 for operation on 454.650 MHz on Anderson Mountain, N. C. 3. Accordingly, IT IS ORDERED that, pursuant to sections 4( i) and 309( d) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 309( d), and section 0.331 of the Commission's Rules, 47 C. F. R. § 0.331, the application filed by FCCA under File No. 27999- CD- P/ L- 94 is hereby RETURNED to pending status and is hereby GRANTED. . FEDERAL COMMUNICATIONS COMMISSION Katherine M. Harris, Deputy Chief Commercial Wireless Division Wireless Telecommunications Bureau 1 Dale Westphall and FCCA, Order, DA 99- 2216 (Com. Wir. Div. 1999) (Division Order). 1 Federal Communications CommissionFCC 01-[ Click to enter order number] 2 2