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 Federal  Communications  Commission  DA  03-  3599 
 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”)  1  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. 


 1  Motion  to  Dismiss  Complaint  Without  Prejudice,  Nextel  Partners,  Inc.  v.  Supreme  Radio 
 Communications,  Inc.,  File  No.  EB-  02-  MD-  039  (filed  Nov.  5,  2003). 
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 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 
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