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                         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:


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).

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. 

 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.

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.

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
_________________________

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).