Northwest Missouri C

WITHDRAWAL submitted by Northwest Missouri Cellular Limited Partnership

Notification of Withdrawal of Pleadings

2017-05-03

This document pretains to ITC-T/C-20151008-00236 for Transfer of Control on a International Telecommunications filing.

IBFS_ITCTC2015100800236_1213382

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


In the Matter of                                          )
                                                          )
International Section 214 Authorization for               )      File Nos. ITC-214-20010427-00255
Assignment of Transfer of Control of Northwest            )                ITC-T/C-20151008-00236
Missouri Cellular Limited Partnership


To:     Chief, International Bureau


                   NOTIFICATION OF WITHDRAWAL OF PLEADINGS

        Nicholas Robb, as court-appointed receiver for Oregon Farmers Mutual Telephone

Company (“Oregon Farmers”) (hereinafter “Mr. Robb” or the “Receiver”), by his attorney, and

Northwest Missouri Cellular Limited Partnership (“the Partnership”), by its attorney, and

pursuant to Section 1.65 of the Rules and Regulations of the Federal Communications

Commission (“FCC” or “Commission”), hereby inform the Commission that the parties have

reached a mutually agreeable resolution of their dispute, and jointly notify the Commission of

the withdrawal of the pleadings described in Exhibit 1 hereto with regard to the above-captioned

matter (collectively, the “Pleadings”). The parties further request that the Commission

expeditiously grant the pending involuntary transfer of control application, File No. ITC-T/C-

20151008-00236, as supplemented, and make such other conforming updates to the information

in the IBFS licensing system as may be necessary to reflect the resolution of this matter.1

        In this case, the parties had a disagreement over the status of a partnership interest held

by Oregon Farmers in the Partnership, as part of a litigation that included other matters as well.


1
 The Parties have filed a separate Request for Approval of Withdrawal of Pleadings pursuant to Rule
Section 1.935 in connection with application File No. 0006932939 and the wireless licenses held by the
Partnership.


After exploring this disagreement in court, they resolved their differences through a mediation

process, consistent with the Commission’s policy of supporting and encouraging the use of

alternative dispute resolution procedures.2 The Missouri court approved the resulting settlement

agreement pursuant to an in camera inspection.3 Accordingly, the parties are now in a position

to withdraw their pleadings before the Commission, thereby preserving the Commission’s scarce

resources.

          Accordingly, the parties hereby notify the Commission of the withdrawal of the

Pleadings and request that the Commission expeditiously grant the pending involuntary transfer

of control application, File No. ITC-T/C-20151008-00236, as supplemented, and make such

other conforming updates to the information in the IBFS licensing system as may be necessary to

reflect the resolution of this matter. Commission action to effectuate the parties’ mutually

agreed upon, court-approved resolution of this matter will serve the public interest.

                                                   Respectfully submitted,

                                                   NICHOLAS ROBB,
                                                   RECEIVER


                                                   By: ____________________
                                                         John A. Prendergast
                                                         Blooston, Mordkofsky, Dickens, Duffy
                                                                & Prendergast, LLP
                                                         2120 L Street, N.W., Suite 300
                                                         Washington, DC 20037
                                                         Tel. 202-828-5540
                                                         His Attorney




2
    See 47 C.F.R §1.18.
3
    A copy of the Court’s April 3, 2017 Order is attached hereto.

                                                      2


                     NORTHWEST MISSOURI CELLULAR
                     LIMITED PARTNERSHIP


                     By: ____________________
                           Gregory W. Whiteaker

                           Herman & Whiteaker, LLC
                           6720-B Rockledge Drive
                           Suite 150
                           Bethesda, MD 20817
                           Tel. 202-600-7274
                           Its Attorneys

Filed: May 3, 2017




                       3


                                          Exhibit 1

                               WITHDRAWN PLEADINGS

Petition to Deny or Informal Request for Commission Action –
Filed October 16, 2015, by N. Robb, as court appointed receiver for Oregon Farmers
(referencing File No. ITC-214-20010427-00255).

Supplement to Petition to Deny or Informal Request for Commission Action –
Filed November 27, 2015 by N. Robb, as court appointed receiver for Oregon Farmers
(referencing File Nos. ITC-214-20010427-00255 & ITC-T/C-20151008-00236).

Opposition to Petition to Deny or Supplement or Informal Objection –
Filed November 30, 2015 by Northwest Missouri Cellular Limited Partnership (referencing File
Nos. ITC-214-20010427-00255 & ITC-T/C-20151008-00236).

Reply to Opposition to Petition to Deny or Informal Request for Commission Action –
Filed December 10, 2015 by N. Robb, as court appointed receiver for Oregon Farmers
(referencing File Nos. ITC-214-20010427-00255 & ITC-T/C-20151008-00236).



Document Created: 0380-04-19 00:00:00
Document Modified: 0380-04-19 00:00:00

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