PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-23 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov January 9, 1998 Commercial Wireless Division Approves Settlements Among Satellite Cellular Systems and Triad Utah, L.P., Los Angeles Cellular Telephone Company, and AT&T Wireless Services By the Chief, Commercial Wireless Division: On June 6 and August 3, 1994, Satellite Cellular Systems ("Satellite"), filed two FCC Form 401, major modification applications, file numbers 04734-CL-MP-94 and 06122-CL-MP-94, respectively, requesting authority to construct cellular facilities in Market 318A, Arizona 1 - Mohave RSA. Triad Utah, L.P. ("Triad"), Los Angeles Cellular Telephone Company ("LACTC"), and McCaw Communications of Nevada, Inc. ("McCaw") filed separate Petitions to Deny Satellite's June 6, 1994 application on August 4, 1994 and each filed Petitions to Deny Satellite's August 3, 1994 application on March 13, 1995. In Public Notice, Report No. CL-95-27, released January 12, 1995, Triad filed a Phase I major modification application, file number 10159-CL-P1-94, requesting authority to construct a cellular facility in Market 318A. On January 26, 1995, Satellite filed a Petition to Deny Triad's application. Additionally, on July 26, 1993, McCaw filed a major modification application, file number 04697-CL- MP-93, requesting authority to construct a cellular facility, which would extend into Satellite's cellular geographic service area . On September 20, 1993, Satellite filed a Petition to Deny McCaw's application. Both McCaw (on August 23, 1995) and Satellite (on August 25, 1995) filed a Request to Withdraw or Dismiss Petitions to Deny. On September 17, 1996 Satellite and Triad filed a Joint Motion to Dismiss Petitions to Deny, and For Approval of Settlement. Satellite and LACTC filed a Joint Motion to Dismiss Petitions to Deny and Request for Approval of Settlement Agreement on November 27, 1996. The Commission has reviewed the Petitions to Deny, and Requests to Withdraw or Dismiss Petitions to Deny and finds that they raise no substantial or material questions of fact under 47 U.S.C.  309. The Division has further reviewed the requests for approval of settlement as well as the declarations outlining the terms of the several settlement agreements. The Commission finds that these agreements comport with the requirements of Section 22.129 of the Commission's rules, 47 C.F.R.  22.129, and that approval of the respective agreements would be in the public interest. Accordingly, each of the separate agreements are hereby approved, and the Petitions to Deny filed by Satellite, Triad, LACTC and McCaw, respectively, are dismissed. Satellite's applications, file numbers 06122-CL-MP-94 and 04734-CL-MP-94, Triad's application, file number 10159-CL-P1-94, and McCaw's application, file number 04697-CL-MP-93 are hereby granted, effective January 9, 1998.