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 Federal  Communications  Commission  DA  03-  184 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Nextel  Communications,  Inc.  and  )  Nextel  Partners,  Inc.,  ) 
 )  Complainants,  ) 
 )  v.  )  File  No.  EB-  02-  MD-  036 
 )  David  M.  Allen  and  Allen  Wireless  Group,  ) 
 )  Defendants.  ) 


 ORDER 
 Adopted:  January  21,  2003  Released:  January  23,  2003 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  November  18,  2002,  Nextel  Communications,  Inc.  and  Nextel  Partners,  Inc.  (“  Nextel”)  filed  with  this  Commission  a  formal  complaint  against  David  M.  Allen  and  Allen 


 Wireless  Group  (“  Allen”)  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  Allen  had  refused 
 to  negotiate  in  good  faith  with  Nextel  for  the  relocation  of  Allen’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  January  17,  2003,  Nextel  filed  a  Motion  to  Dismiss  Complaint  Without  Prejudice  (“  Motion  to  Dismiss”)  1  which  stated  that  the  parties  had  entered  into  a  settlement 
 pursuant  to  an  Asset  Exchange  Agreement  under  which  Allen’s  “upper  200”  800  MHz  licenses  will  be  relocated  in  accordance  with  47  CFR  §90.699.  The  Motion  to  Dismiss  further  stated  that 
 counsel  for  Allen  had  reviewed  the  motion,  and  had  consented  to  it  on  Allen’s  behalf. 
 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 


 1  Motion  to  Dismiss  Complaint  Without  Prejudice,  Nextel  Communications,  Inc.  and  Nextel  Partners,  Inc. 
 v.  David  M.  Allen  and  Allen  Wireless  Group,  File  No.  EB-  02-  MD-  036  (filed  Jan.  17,  2003). 
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 Federal  Communications  Commission  DA-  03-  184 
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 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  Allen  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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