PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION DA 97-375 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS DIVISION FULL MARKET SETTLEMENT/DISMISSAL/TENTATIVE SELECTEE FOR PHASE 1 UNSERVED AREAS IN MARKETS 553A AND 555A Report No. CL-97-35 February 19, 1997 Smith Bagley, Inc. (Smith Bagley) and Walter Zaremba (Zaremba) filed the following mutually exclusive Phase 1 unserved area application for Market No. 553A - New Mexico 1 - San Juan RSA. Smith Bagley and Zaremba have entered into a full market settlement agreement to resolve the mutual exclusivity. Zaremba requests dismissal of his application (Fee No. 94141088620244003) and approval of the settlement agreement. The Commission hereby reviewed and approved the request for the dismissal of Zaremba's application and the settlement agreement pursuant to Section 22.129 of the Commission's rules, C.F.R.  22.129. As a result of the settlement agreement, Smith Bagley will be the sole surviving applicant (File No. 10170- CL-P1-94) in Market No. 553A. Smith Bagley and Dwayne H. Carraway (Caraway) filed the following mutually exclusivity Phase 1 unserved area application for Market No. 555A - New Mexico 3 - Catron RSA. Smith Bagley and Caraway have entered into a settlement agreement to resolve the mutual exclusivity. Caraway requests a dismissal of his application (Fee No. 9414100862024003) and approval of the settlement agreement. The Commission has reviewed and approved the request for dismissal of Caraway's application and the settlement agreement prusuant to Section 22.129 of the Commission's rules, C.F.R.  22.129. As a result of the settlement agreement, Smith Bagley will be the sole surviving applicant (File No. 10171-CL-P1-94) in Market No. 555A. Smith Bagley must submit the items listed below to the Office of the Secretary, Federal Communications Commission, Washington, D.C. 1. The paper original of the application with two (2) full-sized (1:500,000) maps must be filed within seven (7) days of the date of this Public Notice. See Section 22.29 of the Commission's Rules, C.F.R.  22.29. There will be no filing fee required because the fee was paid when the microfiche applications were filed. Additionally, due to the fact that the Commercial Wireless Division only process FCC Form 600 applications for unserved area applications, applicant must submit a fully completed FCC Form 600 with an original microfiche and two (2) copies. SeeSections 22.105(d)(2) and 22.953 of the Commission's rules, C.F.R.  22.105(d)(2) and 22.953. 2. Any Section 1.65 amendments within 30 days of the date of this Public Notice. See Sections 22.949(d) and 1.4 of the Commission's rules, C.F.R.  22.949(d) and 1.4. 3. Petitions to Deny against the listed tentative selectee must be filed by March 20, 1997. See Section 22.130(a)(4) of the Commission's rules, C.F.R.  22.130(a)(4). If there are any questions concerning this Public Notice, please call Michael Kleeb at (202) 418- 1306. - FCC -