Before the FEDERAL COMMUNICATIONS COMMISSION Washington D.C. 20554 In the Matter of ) ) ClearComm, L.P. ) Request for Waiver of ) 47 C.F.R.  24.704(a)(1) ) ) ClearComm, L.P. ) Bid Withdrawal Payment ) for License B332 ) (Omaha, Nebraska) ) ORDER Adopted: June 12, 1998 Released: June 12, 1998 By the Chief, Wireless Telecommunications Bureau: 1. The Commission has before it a Request for Dismissal, filed by ClearComm, L.P. ("ClearComm") on May 19, 1998 of its Application for Review, filed on January 21, 1997. ClearComm's Application for Review sought review of an Order by the Chief of the Wireless Telecommunications Bureau ("Bureau") that granted in part ClearComm's request for waiver of Section 24.704(a)(1) of the Commission's Rules, 47 C.F.R.  24.704(a)(1). Pursuant to delegated authority, the Bureau Order partially waived ClearComm's bid withdrawal payment for an erroneous bid submitted for the Norfolk, Virginia license (license B324) during the broadband Personal Communications Services ("PCS") C block auction, reducing this payment to $3,273,274. ClearComm's Application for Review sought a complete waiver of the Commission's bid withdrawal payment provisions with regard to license B324. Now, ClearComm requests dismissal of its Application for Review contingent upon a further reduction of its bid withdrawal payment so that its pending license applications may be processed. 2. We will grant ClearComm's request to dismiss its Application for Review. We are satisfied that granting this request will serve the public interest by eliminating the need for expenditure of further time and resources by ClearComm or the Commission. Moreover, dismissal of ClearComm's Application for Review will serve the public interest by furthering the goal stated in Section 309(j)(3) of the Communications Act of promoting rapid deployment of new services for the benefit of the public without undue administrative or litigation delay. 3. Accordingly, IT IS ORDERED, pursuant to delegated authority under Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331, that ClearComm's request for dismissal of its Application for Review IS GRANTED, and that the above-captioned Request for Waiver of 47 C.F.R.  24.704(a)(1) IS HEREBY DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Daniel B. Phythyon Chief, Wireless Telecommunications Bureau