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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Patricia A. Bower, as Trustee of the Daniel)
R. Solin Irrevocable Qualified Personal Trust,)
     Complainant,               )
                                )
          v.                    )       File No. WB/ENF-F-98-004
                                )
                                )
Hudson Valley RSA Cellular Partnership,)
     Defendant.                 )


                             ORDER

   Adopted:  January 8, 1999            Released: January 11, 1999 

By Chief, Compliance and Litigation Branch:

     1.  The Chief, Compliance and Litigation Branch, Enforcement and Consumer Information
Division, Wireless Telecommunications Bureau, has under consideration: (a) a formal complaint, filed
on August 11, 1998, by Patricia A. Bower, as Trustee of the Daniel R. Solin Irrevocable Qualified
Personal Trust, ("Bower") against Hudson Valley RSA Cellular Partnership ("Hudson Valley"); (b)
an answer thereto, filed on August 31, 1998, by Hudson Valley; (c) a reply, filed on September 29,
1998, by Bower; and (d) a Motion to Dismiss Complaint without Prejudice, filed on November 12,
1998, by Bower.  For the reasons below, Bower's Motion to Dismiss will be granted. 

     2.  Hudson Valley provides cellular radiotelephone services in the New York RSA 6 Market. 
Hudson Valley has entered into an agreement to lease property in the New Lebanon, New York, area,
where it intends to construct a new radio tower and cell site.  The subject property is adjacent to
property owned by Bower.  In connection with its planned construction, Hudson Valley applied for
land-use permits from the New Lebanon Zoning Board.  Bower opposed Hudson Valley's application
to the local zoning authority.  In addition, Bower filed the instant formal complaint.  In her complaint,
Bower argues that the Commission has primary jurisdiction over this matter and that Hudson Valley's
proposed construction without specific Commission authority would violate Sections 308, 309, and
319 of the Communications Act of 1934, as amended.  In its answer, Hudson Valley requests the
Commission to dismiss Bower's formal complaint for failure to state a cause of action under the Act,
pursuant to Section 1.728 of the Commission's Rules.  A status conference was held on September
14, 1998, after which further proceedings were deferred pending a ruling on Hudson Valley's request
for dismissal of the complaint.  Before a ruling on Hudson Valley's request was issued, Bower's filed
a Motion to Dismiss her complaint without prejudice.

     3.  In her Motion, Bower states that the Supreme Court of the State of New York, on
October 30, 1998, entered an order temporarily restraining Hudson Valley from commencing any
construction of the proposed tower on the subject property.  Bower states that this action moots the
issues presented in her formal complaint and that no purpose would be served by further litigation
before the Commission.  However, she requests that her formal complaint be dismissed without
prejudice to refiling should claims cognizable by the Commission arise as a result of further litigation
before the New York courts.  Hudson Valley has not interposed any opposition or other comments
with respect to Bower's Motion.  

     4.  Bower's Motion to Dismiss without prejudice will be granted.  Bower no longer intends
to prosecute her formal complaint, her request to dismiss is unopposed, and dismissal would conserve
Commission resources.  

     5.  ACCORDINGLY, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the
Communications Act of 1934, as amended, and Sections 0.321 and 1.728 of the Commission's
Rules, that the above-captioned formal complaint filed by Patricia A. Bower, as Trustee of the Daniel
R. Solin Irrevocable Qualified Personal Trust, against Hudson Valley RSA Cellular Partnership IS
DISMISSED WITHOUT PREJUDICE.

     6.  IT IS FURTHER ORDERED that this proceeding IS TERMINATED.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Gary P. Schonman
                         Chief, Compliance and Litigation Branch
                         Enforcement and Consumer Information Division
                         Wireless Telecommunications Bureau