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 Federal  Communications  Commission  DA  03-  795 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Karl  Hosterman  and  Eric  Brooks  )  d/  b/  a  Centre  Communications,  ) 
 )  Complainants,  ) 
 )  v.  )  File  No.  EB-  02-  MD-  015 
 )  Nextel  Partners,  Inc.,  et  al,.  ) 
 )  Defendants.  ) 


 ORDER 
 Adopted:  March  14,  2003  Released:  March  17,  2003 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 


 1.  On  May  10,  2002,  Karl  Hosterman  and  Eric  Brooks  d/  b/  a  Centre  Communications  (“  Centre”)  filed  with  the  Commission  a  formal  complaint  against  Nextel  Partners,  Inc.,  et  al. 
 (“  Nextel”)  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  Nextel  and  certain  of  its  affiliates  were 
 knowingly  causing  harmful  interference  to  Centre’s  incumbent  800  MHz  facilities,  in  violation  of  section  333  of  the  Act,  47  U.  S.  C.  §  333,  and  sections  90.403(  e)  and  90.173(  b)  of  the 
 Commission’s  rules,  47  C.  F.  R.  §§  90.403(  e)  and  90.173(  b). 
 2.  On  March  7,  2003,  Centre  filed  a  Motion  to  Withdraw  Formal  Complaint  (“  Motion  to  Withdraw”)  1  stating  that  the  parties  have  entered  into  a  Settlement 


 Agreement/  Mutual  Release  that  effectively  resolves  all  disputes  in  the  above-  referenced  matter.  The  Motion  to  Withdraw  further  stated  that  counsel  for  Nextel  had  reviewed  the  motion,  and  had 
 consented  to  Centre’s  request  to  withdraw  the  formal  complaint. 


 1  Motion  to  Withdraw  Formal  Complaint,  Karl  Hosterman  and  Eric  Brooks  d/  b/  a  Centre  Communications, 
 v.  Nextel  Partners,  Inc.,  et  al,  File  No.  EB-  02-  MD-  015  (filed  Mar.  7,  2003). 
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 Federal  Communications  Commission  DA-  03-  795 
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 3.  We  are  satisfied  that  withdrawal  of  the  formal  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  Withdraw  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  Centre’s  formal  complaint  against  Nextel  IS  DISMISSED  WITH  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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