Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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

In the Matter of                )
                                )
Nextel WIP License Corp.        )    File No.  EB-02-HL-078
Palehua Ridge, Hawaii           )
                               )     NAL/Acct. No.  200232860002
                               )     FRN 0002-2070-66

                                     

                              ORDER

Adopted:  September 23,  2003           Released:  September  26, 
2003  

By the Chief, Enforcement Bureau:

     1.   In this  Order, we  adopt the  attached Consent  Decree 
entered into  between  the  Enforcement  Bureau  and  Nextel  WIP 
License Corp. (``Nextel  WIP'').  The  Consent Decree  terminates 
the Enforcement Bureau's forfeiture proceeding against Nextel WIP 
for apparently  operating  a  radio  station  without  Commission 
authorization in violation of  Section 301 of the  Communications 
Act of 1934, as amended (``Act'').1

     2.   The Consent Decree provides  that, among other  things, 
Nextel WIP will implement a Compliance Plan to ensure its  future 
compliance with the  Commission's Rules and  will make a  $10,000 
voluntary contribution to the United States Treasury.  

     3.   After  having  reviewed  the  record  and  the  Consent 
Decree, including the  incorporated Compliance  Plan, we  believe 
that the public interest will  be served by adopting the  Consent 
Decree  and  terminating  the  Enforcement  Bureau's   forfeiture 
proceeding against Nextel WIP.2 

     2.   Accordingly, IT IS ORDERED  that, pursuant to  Sections 
4(i), 4(j), and 503(b) of the Act,3 and Sections 0.111 and  0.311 
of the Commission's Rules,4 the  Consent Decree attached to  this 
Order IS ADOPTED.

     3.   IT IS  FURTHER ORDERED  that the  Enforcement  Bureau's 
forfeiture proceeding against Nextel WIP IS TERMINATED.

     6.   IT IS FURTHER  ORDERED that Nextel  WIP shall make  its 
voluntary contribution to the United States Treasury by mailing a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200232860002 and FRN 0002-2070-66.

     4.   IT IS FURTHER  ORDERED that  a copy of  this Order  and 
Consent Decree shall  be sent  by Certified  Mail Return  Receipt 
Requested to Nextel  WIP License Corp.,  10120 West 76th  Street, 
Eden  Prairie,  Minnesota  55344  and  its  counsel,  Albert   F. 
Catalano, Esq., Catalano  & Plache,  PLLC, 3221  M Street,  N.W., 
Washington, DC  20007.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau

                       CONSENT DECREE

     1.   The    Enforcement   Bureau    of   the    Federal 
Communications  Commission (``Commission''  or ``FCC'')  and 
Nextel WIP License Corp.  (``Nextel WIP'') hereby enter into 
this  Consent  Decree  for  the  purpose  of  terminating  a 
forfeiture  proceeding  arising  from  an  investigation  of 
Nextel  WIP for  alleged  violation of  Section  301 of  the 
Communications Act of 1934, as amended (``Act'').5    


                         BACKGROUND

     2.   Nextel WIP is a  wholly-owned subsidiary of Nextel 
Partners,  Inc., which  is  a  publicly-traded company  that 
provides  digital  wireless telecommunications  services  in 
various  regions of  the  United  States, including  Hawaii.  
Nextel WIP is a license  holding entity for Nextel Partners, 
Inc.  Nextel WIP  is licensed for operations  on hundreds of 
800 MHz channels at hundreds of locations in Hawaii.  

     3.   On  August 27,  2002, the  FCC's Honolulu,  Hawaii 
Resident  Agent  Office  (``Honolulu  Office'')  received  a 
complaint of  interference to  a site receiver  belonging to 
the local  electric company.  On  August 28, 2002,  an agent 
from  the Honolulu  Office  determined  that an  interfering 
signal  originated   on  frequency   854.7875  MHz   from  a 
transmitter operated by Nextel WIP at Palehua Ridge, Hawaii.  
On the  same day, the  FCC agent determined, and  Nextel WIP 
confirmed,  that Nextel  WIP was  not licensed  on frequency 
854.7875 MHz.  Nextel immediately dispatched a technician to 
remove the transmitter from  the air.  Nextel WIP determined 
further  that it  was  licensed on  frequency 854.7375  MHz, 
which was not in use at the site.

     4.   On September 30, 2002,  the Honolulu Office issued 
a Notice  of Apparent Liability for  Forfeiture (``NAL'') to 
Nextel WIP in the amount of $10,000 for the apparent willful 
violation of  Section 301  of the Act  by operating  a radio 
station  without Commission  authorization.  On  October 30, 
2002, Nextel WIP submitted a  response to the NAL indicating 
that  the facts  alleged in  the NAL  were, in  Nextel WIP's 
view,  insufficient to  sustain  a finding  of violation  of 
Section  301 because,  in  Nextel WIP's  view,  there is  no 
indication  that  Nextel  WIP  had  knowledge  that  it  was 
operating  on   frequency  854.7875  MHz,  prior   to  being 
contacted by the Honolulu Office Agent on August 28, 2002. 


                         DEFINITIONS

     5.   For  the  purposes  of this  Consent  Decree,  the 
following definitions shall apply:

          (a)   The   ``Commission''   means   the   Federal 
     Communications Commission.
          (b) The ``Bureau'' means the Enforcement Bureau of 
     the Commission.
          (c)  ``Nextel  WIP''   means  Nextel  WIP  License 
          Corporation  and  all   of  its  subsidiaries  and 
          affiliates.
          (d)  The   ``Order''  means  the   Bureau's  order 
     adopting this Consent Decree.
          (e)    ``Enforcement   Proceeding''    means   the 
          investigation  of the  alleged  rule violation  by 
          Nextel WIP  culminating in the Notice  of Apparent 
          Liability for Forfeiture.
          (f)   ``Notice    of   Apparent    Liability   for 
          Forfeiture'' means Nextel  WIP License Corp., File 
          No. EB-02-HL-078, NAL/Acct. No. 200232860002 (Enf. 
          Bur., Honolulu Office, rel. September 30, 2002).  


                          AGREEMENT

     6.   Nextel WIP acknowledges and agrees that the Bureau 
has jurisdiction over the matters referenced in this Consent 
Decree and that  the Bureau has the authority  to enter into 
and adopt this Consent Decree.

     7.   Nextel WIP and the  Bureau agree that this Consent 
Decree  does not  constitute either  an adjudication  of the 
merits,  or  a factual  or  legal  finding or  determination 
regarding any compliance or noncompliance by Nextel WIP with 
the  requirements  of the  Act  or  the Commission's  Rules, 
including Section 301 of the Act.  Nextel WIP and the Bureau 
agree that  this Consent  Decree is for  settlement purposes 
only and that by agreeing to this Consent Decree, Nextel WIP 
does not admit  or deny any liability for  violating the Act 
or Commission's  Rules in  connection with the  matters that 
are the subject of this  Consent Decree.  Nextel WIP and the 
Bureau  agree further  that  the Bureau  will  not use  this 
Consent Decree or otherwise  consider the violations alleged 
in  the  NAL  for  any  purpose  in  any  future  Commission 
proceeding  against  Nextel WIP  or  any  of its  affiliated 
companies.

     8.   The Bureau  agrees that  it will not  institute or 
recommend  to the  Commission, on  its own  motion, any  new 
proceeding, formal  or informal, or  take any action  on its 
own motion  against Nextel WIP for  possible past violations 
of Section 301 of the Act.   The Bureau also agrees that, in 
the absence of material new evidence related to this matter, 
it  will not  use  the facts  developed  in this  proceeding 
through the  effective date  of this  Consent Decree  or the 
existence of  this Consent  Decree to  institute on  its own 
motion  any  proceeding, formal  or  informal,  or take  any 
action on its own motion  against Nextel WIP with respect to 
its   basic   qualifications,    including   the   character 
qualifications,  to be  a Commission  licensee.  Nothing  in 
this   Consent  Decree   shall  prevent   the  Bureau   from 
instituting  new investigations  or enforcement  proceedings 
against Nextel WIP pursuant to  Section 4(i), 403 and 503 of 
the Act, 47 U.S.C.  4(i), 403 and 503, in the event of any 
alleged  future misconduct,  for violation  of this  Consent 
Decree,  or  for  violation  of   Section  301  of  the  Act 
consistent with the provisions of this Consent Decree.

     9.   Nothing in  this Consent Decree shall  prevent the 
Bureau  from  adjudicating   complaints  filed  pursuant  to 
Section 208 of the Act, 47  U.S.C.  208, against Nextel WIP 
or its subsidiaries for alleged violations of Section 301 of 
the Act as modified by this Consent Decree, or for any other 
type  of   alleged  misconduct,  regardless  of   when  such 
misconduct took place.   If any such complaint  is made, the 
Bureau's adjudication of that complaint will be based solely 
on the record developed in that proceeding.

     10.  Nextel WIP agrees to the following:     

             (a)    Within thirty  (30) days of  the release 
          date  of  the  Order,   Nextel  WIP  will  make  a 
          voluntary  contribution   to  the   United  States 
          Treasury  in the  amount of  Ten Thousand  Dollars 
          ($10,000.00).  Nextel WIP shall make its voluntary 
          contribution  to  the  United States  Treasury  by 
          mailing a check or  similar instrument, payable to 
          the   order   of    the   Federal   Communications 
          Commission, to the  Forfeiture Collection Section, 
          Finance Branch, Federal Communications Commission, 
          P.O. Box 73482, Chicago, Illinois 60673-7482.  The 
          payment should note  NAL/Acct. No. 20023286002 and 
          FRN 0002-2070-66.


          (b)  No later than thirty (30) days of the release 
          date of  the Order, Nextel WIP  will undertake the 
          following  improvements   to  its   frequency  use 
          monitoring program in Hawaii:
     
                  (1)    All  frequencies placed  in use  by 
                    Nextel  WIP  in  Hawaii will  be  cross-
                    checked  against   the  FCC's  licensing 
                    database prior  to being used  to ensure 
                    against unauthorized operation;
               (2)  This     cross-check    will     include 
                    verification   that   Nextel   WIP   has        
                    appropriate authorization for use of the 
                    frequency; 
               (3)  This cross-check  will also  verify that 
                    there is  no other  conflicting licensee 
                    on the frequency in the relevant service 
                    area;
               (4)       This check  will be conducted  on a 
                    bi-monthly basis for  all frequencies in 
                    use at any location in Hawaii; and
               (5)       All personnel will receive training 
                  for the new procedure.

     11.  Nextel WIP  and the  Bureau acknowledge  and agree 
that this Consent Decree  will constitute a final settlement 
between them of the Enforcement Proceeding.

     12.  In  express   reliance  upon  the   covenants  and 
representations  contained  herein,  the  Bureau  agrees  to 
terminate the  Enforcement Proceeding  at such time  as both 
parties sign this Consent Decree  and the Bureau adopts this 
Consent Decree.

     13.  In  consideration  for   the  termination  of  the 
Enforcement  Proceeding, Nextel  WIP  agrees  to the  terms, 
conditions, and procedures detailed in this Consent Decree.

     14.  Nextel WIP waives  any and all rights  it may have 
to seek administrative  or judicial reconsideration, review, 
appeal or  stay, or  to otherwise  challenge or  contest the 
validity of this Consent Decree  and the Order adopting this 
Consent Decree, provided the Order adopts the Consent Decree 
without modification.

     15.  Nextel  WIP   and  the   Bureau  agree   that  the 
effectiveness of this Consent Decree is expressly contingent 
upon issuance  of the Order,  provided the Order  adopts the 
Consent Decree without modification.

     16.  Nextel WIP and the Bureau agree that, in the event 
any  court of  competent jurisdiction  renders this  Consent 
Decree  invalid, the  Consent Decree  shall become  null and 
void  and  may  not be  used  in  any  manner in  any  legal 
proceeding.

     17.  Nextel  WIP  and the  Bureau  agree  that, if  the 
Commission,  or   the  United   States  on  behalf   of  the 
Commission, brings a judicial action to enforce the terms of 
the Order  adopting this Consent Decree,  neither Nextel WIP 
nor the Commission will contest  the validity of the Consent 
Decree  or Order  and Nextel  WIP will  waive any  statutory 
right to  a trial de  novo with  respect to the  matter upon 
which the  Order is based,  and shall consent to  a judgment 
incorporating the terms of this Consent Decree.

     18.  Nextel  WIP  agrees to  waive  any  claims it  may 
otherwise  have under  the Equal  Access to  Justice Act,  5 
U.S.C. Section 504 and 47 C.F.R. Sections 1.1501 et seq.

     19.  Nextel  WIP  agrees  that  any  violation  of  the 
Consent  Decree or  the Order  adopting this  Consent Decree 
will constitute a separate  violation of a Commission order, 
entitling the Commission to  exercise any rights or remedies 
attendant to the enforcement of a Commission order.

     20.  Any provision  of this Consent Decree  affected by 
or inconsistent with any subsequent rule or order adopted by 
the Commission will be superseded by such Commission rule or 
order.






     21.  Nextel WIP and the Bureau agree to be bound by the 
terms and conditions stated in this Consent Decree.

     22.  Nextel WIP and the Bureau agree that the terms and 
conditions of this Consent Decree shall remain in effect for 
a period  of twenty-four (24)  months, which shall  begin on 
the release date of the Order.

     23.  This Consent Decree may be signed in counterparts.


FEDERAL COMMUNICATIONS COMMISSION



By:___________________________________  
Date:____________________________
     David H. Solomon
     Chief, Enforcement Bureau


NEXTEL WIP LICENSE CORP.



By:___________________________________  
Date:____________________________
     Donald J. Manning
     Vice President and General Counsel

_________________________

  1 47 U.S.C.  301.

  2 Nextel  WIP License Corp., NAL  Acct. No. 200232860002  (Enf. 
Bur., Honolulu Office, rel. September 30, 2002).

  3 47 U.S.C.  4(i), 4(j), 503(b).

  4 47 C.F.R.  0.111, 0.311.

   5 47 U.S.C.  301.