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$// Satellite Cellular Systems -vs- McCaw Communications of Nevada //$
                                    
                                    
                                    
                               Before the
              FEDERAL COMMUNICATIONS COMMISSION  DA95-1964
                          Washington, DC 20554
                                    
                                    
In the Matter of              )
                    `         )
Satellite Cellular Systems,   )
     Complainants,            )
                              )
          v.                  )    File No. WB/ENF-F-95-005
                              )    (No. E-94-46)
McCaw Communications of       )
 Nevada, Inc.,                )              
     Defendant                )


ORDER
              
                             Adopted: September 12, 1995;    Released: September 12, 1995

  By the Chief, Enforcement Division, Wireless Telecommunications
Bureau:

  1. This proceeding was initiated on February 24, 1994, with
the filing of a formal complaint, pursuant to Section 208 of the
Communications Act, by Satellite Cellular Systems, (Satellite),
which is the Block A cellular carrier licensee for the Arizona
Rule Service Area No. 1 (Mohave) market, against McCaw
Communications of Nevada (McCaw), which is the Block A cellular
carrier licensee for the adjacent Las Vagas, Nevada Metropolitan
Statistical Area market. Therein, Satellite  alleged that McCaw
had operated two of its cells at power levels in excess of that
authorized by the Commission in violation of Section 301 of the
Communications Act and the Commission's Rules. The parties have
engaged in substantial discovery regarding the allegations in the
complaint.

  2. In January 1995 the responsibility for this proceeding was
transferred from the Common Carrier Bureau to the Wireless
Telecommunications Bureau. Shortly thereafter, we granted the
request of the parties that further proceedings be stayed to
accommodate settlement negotiations. Such negotiations have
resulted in a  settlement agreement, on August 9, 1995,  in which
Satellite and McCaw have agreed to "fully and finally resolve all
litigation between themselves without either party admitting
fault or liability."

  3. To implement this settlement agreement, Satellite, on
August 25, 1995, filed pleading styled, "Motion To Withdraw
Formal Complaint", in which it requests that the Commission 
"accept Satellite's withdraw of its formal complaint against
McCaw or, in the alternative, that the Commission dismiss the
formal complaint." On August 28, 1995, Satellite supplemented its
motion by the submission of a copy of the August 9, 1995
settlement agreement and, on September 7, 1995,  McCaw filed a
statement with the Commission supporting McCaw's motion. 

  4, In light of the agreement of the parties, we find that the
dismissal of the complaint and the termination of this proceeding
will serve the public interest by eliminating the need for
further litigation and expenditure of further time and resources
of the parties and the Commission.

  5. WHEREFORE, IT IS ORDERED, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, that Satellite's motion
IS GRANTED.

  5. IT IS FURTHER ORDERED that, pursuant to the request of the
parties,  the above-captioned complaint IS DISMISSED WITH
PREJUDICE and that this proceeding IS TERMINATED.

                              

                              FEDERAL COMMUNICATIONS COMMISSION

                            
                                                                                                          
                              Howard C. Davenport
                              Chief, Enforcement Division
                              Wireless Telecommunications Bureau