******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. 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 WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Geotek Communications, Inc., ) Complainant, ) ) v. ) File No. WB/ENF-F-98-001 ) ) Nextel Communications, Inc., ) Defendant. ) ORDER Adopted: April 8, 1999 Released: April 9, 1999 By the Chief, Compliance and Litigation Branch, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: 1. The Chief, Compliance and Litigation Branch, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, has before him: (a) a formal complaint, pursuant to Section 208 of the Communications Act, filed on February 12, 1998, by Geotek Communications, Inc. (hereinafter, "Geotek") against Nextel Communications, Inc. (hereinafter, "Nextel"); (b) an answer and cross complaint against Geotek filed on April 3, 1998 by Nextel; (c) a reply filed on April 16, 1998 by Geotek (d) an answer to cross complaint filed on May 27, 1998 by Geotek; and (e) a "Motion For Withdrawal" jointly submitted by Geotek and Nextel on March 24, 1999, in which the parties request the dismissal with prejudice of both Geotek's complaint and Nextel's cross complaint. In its formal complaint Geotek alleged that Nextel violated Section 301 of the Communications Act and Section 90.113 of the Commission's Rules by continuing to operate a 900 MHz SMR land mobile system after Nextel's contract with the licensee to operate the system had been terminated and the license for the system had been cancelled. In its answer and cross complaint Nextel alleged that any unauthorized operation of the station was caused by Geotek's actions in cancelling the underlying license without adequate notice to Nextel. 2. After the complaint, answer, cross complaint, reply and answer to cross complaint were filed in this proceeding, Geotek on June 28, 1998 filed a voluntary petition seeking protection under Chapter 11 of the U.S. Bankruptcy Code in the United District Court for the District of Delaware, Bankruptcy Division (Case No. 98- 1375). Thereafter, on July 27, 1998, Nextel filed a "Motion For Order To Toll Proceeding," in which it argued that Geotek's petition for bankruptcy resulted, in accordance the provisions of the Bankruptcy Code, in an "automatic stay" of the continued processing by the Commission of the cross complaint against Geotek, and that the Commission should in fairness stay the entire proceeding pending the completion of the bankruptcy proceeding. In its "Qualified Consent to Motion to Toll Proceeding" filed on August 6, 1998, Geotek consented to Nextel's request for a stay of both Nextel's cross complaint against it and its formal complaint against Nextel. The parties have now advised the Commission that the issues in dispute in Geotek's complaint and Nextel's cross complaint have been resolved pursuant to a settlement agreement between the parties. In their joint "Motion For Withdrawal" they request the Commission to dismiss both the complaint and cross complaint with prejudice. 3. We believe that the dismissal of the complaint and the cross complaint, herein, and the termination of this proceeding will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further expenditure of time and resources of the parties and the Commission. Consequently, we will grant the relief requested. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, and the authority delegated in Section 0.321 of the Commission's Rules, that the formal complaint filed by Geotek against Nextel and the cross complaint filed by Nextel against Geotek ARE DISMISSED WITH PREJUDICE. 5. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Gary P. Schonman Chief, Compliance and Litigation Branch Enforcement and Consumer Information Division Wireless Telecommunications Bureau