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  • transcribomdllc2 transcribomdllc2 Feb 12, 2013 7:55 AM Flag

    Withdrawal of motion seeking stay . . .

    Federal Communications Commission
    Washington, D.C. 20554
    February 11, 2013
    DA 13-189
    Joseph M. Sandri, Jr.
    FiberTower Corporation
    1730 Rhode Island Avenue, N.W., Suite 304
    Washington, DC 20036
    Dear Mr. Sandri:
    On January 19, 2013, FiberTower Corporation (FiberTower) filed a request1 to withdraw a
    motion2 seeking a stay of a Wireless Telecommunications Bureau decision holding that FiberTower had
    failed to demonstrate compliance with the substantial service requirements for 94 of its 24 GHz Digital
    Electronic Message Service licenses and 595 of its 39 GHz licenses, and denying FiberTower’s requests
    for extension of time to demonstrate substantial service for those licenses, and its associated requests for
    waiver of the June 1, 2012 substantial service deadline.3 For the reasons stated below, we grant the
    Withdrawal Request.
    We have reviewed the Withdrawal Request and find that withdrawal of the Stay Motion would be
    in the public interest because it would eliminate litigation concerning the need for a stay. In addition, we
    note that significant Commission resources have not yet been expended considering the motion for a stay,
    and no other party is prejudiced by allowing the motion for a stay to be withdrawn. FiberTower’s
    application for review of the FiberTower MO&O remains pending before the Commission.
    1 Letter from Joseph M. Sandri, Jr., FiberTower Corporation to Marlene H. Dortch, Secretary, Federal
    Communications Commission (filed Jan. 19, 2013) (Withdrawal Request).
    2 Emergency Motion for Stay, FiberTower Corporation (filed Dec. 5, 2012) (“Stay Motion”).
    3 FiberTower Spectrum Holdings LLC, Memorandum Opinion and Order, 27 FCC Rcd 13562 (WTB 2012)
    (“FiberTower MO&O”).
    Joseph M. Sandri, Jr. 2
    Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as
    amended, 47 U.S.C. § 154(i), and Section 1.43 of the Commission’s Rules, 47 C.F.R. § 1.43, that the
    request to withdraw filed by FiberTower Corporation on January 19, 2013 IS APPROVED, and the
    Emergency Motion for Stay filed by FiberTower Corporation on December 5, 2012 IS DISMISSED.
    This action is taken under delegated authority pursuant to Sections 0.131 and 0.331 of the
    Commission’s rules, 47 C.F.R. §§ 0.131, 0.331.
    John J. Schauble
    Deputy Chief, Broadband Division
    Wireless Telecommunications Bureau
    cc: William M. Wiltshire, Esq.
    Michael Nilsson, Esq.
    Wiltshire & Grannis LLP
    1200 18th Street NW, 12th Floor
    Washington, DC 20036

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