6. Assignment of Proceeding

Dian M. Grueneich is the assigned Commissioner and Timothy J. Sullivan is the assigned ALJ in this proceeding.

1. North County Communications Corp. v. MetroPCS California, LLC, Order on Review, 24 FCC Rcd 14036 (2009) (the MetroPCS Review Order) directed North County Communications to seek a determination from this Commission of a "reasonable rate" for the termination services it provides to MetroPCS California.

2. In the MetroPCS Review Order, the Federal Communications Commission reserved the right to determine whether MetroPCS has any liability at all towards North County for call termination, and whether the FCC will use the associated compensation rate set by this Commission in any way.

3. On January 7, 2010, MetroPCS of California applied for judicial review of the MetroPCS Review Order before the D.C. Circuit. Final briefs are due July 1, 2010.

4. Determining the cost of terminating telephone calls can be both complex and resource intensive.

1. The Federal Communications Commission has made no determination as to whether MetroPCS California is liable to North County Communications Corp. for services that North County provides in terminating certain calls from MetroPCS customers.

2. Because of the uncertainty arising from the appeal of the MetroPCS Review Order to the D.C. Circuit Court, and because the Federal Communications Commission has made no determination concerning whether MetroPCS California is liable to North County Communications Corp. for the cost of terminating certain calls, it would be imprudent for the Commission to consider this application at this time.

3. It is reasonable to dismiss this application without prejudice.

4. Application 10-01-003 should be closed.

5. This decision should be effective immediately.

ORDER

IT IS ORDERED that:

1. Application 10-01-003 is dismissed without prejudice.

2. Application 10-01-003 is closed.

This order is effective today.

Dated June 3, 2010, at San Francisco, California.

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