******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

                                )  
In the Matter of                )   
                                )   
Perfect Fit Industries, Inc.    )   File No.: EB-04-SE-045
                                )   
                                )   
                                )       

                              ORDER

Adopted:  February 22, 2005             Released:   February  24, 
2005

By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

     1.   On October 18, 2004, the Spectrum Enforcement Division 
          of the Enforcement Bureau issued an Order denying a 
          request for confidential treatment of certain 
          materials submitted by Perfect Fit Industries, Inc. 
          (``PFI'') in response to a letter of inquiry.1  The 
          Order denied PFI's confidentiality request because it 
          failed to comply with the standards set forth in 
          Section 0.459 of the Commission's Rules (``Rules'').2  
          Subsequently, on October 25, 2004, PFI filed an 
          Application for Review of the confidentiality ruling 
          pursuant to Section 0.459(g) of the Rules.3  On 
          February 10, 2005, the Enforcement Bureau and PFI 
          entered into a Consent Decree,4 which terminated an 
          investigation into PFI's compliance with Section 
          302(b) of the Communications Act of 1934, as amended,5 
          and Parts 2 and 15 of the Rules.6  PFI then filed a 
          Motion to Withdraw the pending Application for 
          Review.7

     2.   In this Order, we grant PFI's Motion to Withdraw and 
          dismiss its Application for Review.  In addition, we 
          vacate our October 18, 2004 confidentiality ruling.
 
     3.   ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 
          0.111 and 0.311 of the Rules,8 PFI's Motion to 
          Withdraw IS GRANTED and its Application for Review IS 
          DISMISSED.

     4.   IT IS FURTHER ORDERED that the confidentiality ruling 
issued on October 18, 2004, Perfect Fit Industries, Inc., 19 FCC 
Rcd 19889 (Enf. Bur., Spectrum Enf. Div., 2004), IS VACATED. 
     5.   IT IS FURTHER ORDERED that a copy of this Order shall 
be sent by first class mail and certified mail, return receipt 
requested, to Louis R. Morris, President, Perfect Fit Industries, 
Inc. 8501 Tower Point Drive, Charlotte, North Carolina 28227, and 
to Jack Richards, Esq., Keller and Heckman LLP, 1001 G Street, 
N.W., Suite 500 West, Washington, D.C. 20001.


                         FEDERAL COMMUNICATIONS COMMISSION
                         



                         Joseph P. Casey
                         Chief, Spectrum Enforcement Division
                         Enforcement Bureau
_________________________

1 Perfect  Fit Industries,  Inc., 19  FCC Rcd  19889 (Enf.  Bur., 
Spectrum Enf. Div., 2004).
2 47 C.F.R. § 0.459.
3 Perfect  Fit Industries,  Inc.  Application for  Review  (filed 
October 22, 2004).  On November 15, 2004, PFI filed a  Supplement 
to its  Application for  Review.   Perfect Fit  Industries,  Inc. 
Supplement to Application for Review (filed November 15, 2004).
4 Perfect Fit  Industries, Inc., DA  05-337 (Enf. Bur.,  February 
10, 2005).
5 47 U.S.C. § 302a(b).
6 47 C.F.R. § 2.1 et seq. and § 15.1 et seq.
7 Perfect Fit Industries, Inc. Motion to Withdraw Application for 
Review (filed February 10, 2005).  PFI included the November  15, 
2004 Supplement to its Application for Review within the scope of 
its Motion to Withdraw.
8 47 C.F.R. §§ 0.111, 0.311.