Subject: [NEXTEL-1] Nextel Partners, Inc., v. Supreme Radio Communications, Inc.

From: [email-masked]
Date: Mon, 10 Nov 2003 15:29:20 -0500

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

Nextel Partners, Inc.,

Complainants,

 v.    File No. EB-02-MD-039

Supreme Radio Communications, Inc.

Defendants.

ORDER

    Adopted:  November 10, 2003 Released:  November 10, 2003

By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
 1. On December16, 2002, Nextel Partners, Inc. (“Nextel”) filed with
this Commission a formal complaint against Supreme Radio Communications,
Inc. (“Supreme”) pursuant to section 208 of the Communications Act of
1934, as amended (the “Act”), 47 U.S.C. § 208.  The complaint alleged,
inter alia, that Supreme had refused to negotiate in good faith with
Nextel for the relocation of Supreme’s “upper 200” channel 800 MHz
facilities, in violation of section 90.699 of the Commission’s rules, 47
C.F.R. § 90.699.
 2. On November 5, 2003, Nextel filed a Motion to Dismiss Complaint
Without Prejudice (“Motion to Dismiss”)  stating that the parties had
entered into a settlement pursuant to an Asset Exchange Agreement under
which Supreme’s “upper 200” 800 MHz licenses will be relocated in
accordance with 47 CFR § 90.699.  It further stated that the Motion to
Dismiss was filed pursuant to the Asset Exchange Agreement.
 3. We are satisfied that dismissing the complaint will serve the public
interest by promoting the private resolution of disputes and by
eliminating the need for further litigation and the expenditure of
further time and resources of the parties and this Commission.

 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i),
154(j), and 208, and the authority delegated in sections 0.111 and 0.311
of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, that the Motion To
Dismiss the above-captioned complaint IS GRANTED.
 5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of
the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j),
and 208, and the authority delegated in sections 0.111 and 0.311 of the
Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, that Nextel’s formal
complaint against Supreme IS DISMISSED WITHOUT PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION

Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3599A1.doc

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