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

In re Application of	)
	)
U S West Communications, Inc.	)	File Nos. 01940-CWL-97, et. al.
	)
For Facilities in the Broadband Personal 	)
Communications Systems in the 	)
D and E Blocks	)



ORDER


   Adopted:  September 29, 1999	Released:  September 29, 1999

By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau:

	1.	On July 28, 1997, Western Wireless Corporation (Western) filed an Application for Review of the Wireless Telecommunications Bureau's June 26, 1997 Order, denying Western's Petition to Condition or Deny 48 of U. S. West Communications, Inc.'s (U.S. West) 53 applications for the D and E Block personal communications service licenses.  In its Application for Review, Western argues that the Order violates Section 309(d)(2) of the Communications Act of 1934, as amended, 47 U.S.C.  309(d)(2), because it failed to address with specificity each of the allegations raised in Western's original petition and ignored the record evidence.  

	2.	On October 21, 1998, Western filed a motion requesting the withdrawal of its Application for Review.  Western stated that, following the filing of its Application for Review, the Commission promulgated Section 20.20 of its rules, 47 C.F.R.  20.20, which imposed competitive safeguards on incumbent local exchange carriers such as U.S. WEST.  According to Western, the safeguards are similar to the relief sought in its Petition to Condition or Deny and it had decided to rely on these safeguards.  Attached to Western's motion was the declaration of Western's Executive Director of Regulatory Affairs, Gene A. DeJordy, certifying that Western's action was taken unilaterally and no consideration was promised or received by Western for withdrawing the pleading.

	3.	The Policy and Rules Branch of the Commercial Wireless Division has reviewed the withdrawal of the Application for Review and finds that it raises no substantial or material questions of fact under Section 309 of the Commissions Act, as amended, 47 U.S.C.  309.  We therefore grant Western's request to withdraw its Application for Review 

	4.	Accordingly, IT IS ORDERED, pursuant to delegated authority under Section 0.331 of the Commission's Rules, 47 C.F.R.  0.331, that the request for withdrawal of the Application for Review, filed by Western Wireless Corporation, IS GRANTED and this proceeding IS TERMINATED.


						FEDERAL COMMUNICATIONS COMMISSION



						Paul D'Ari
						Chief, Policy and Rules Branch
						Commercial Wireless Division
						Wireless Telecommunications Bureau