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




Nextel Communications, Inc. and         )
Nextel Partners, Inc.,                  )
                              )
Complainants,                      )
                              )
     v.                       )    File No. EB-03-MDIC-0012
                              )
Allan D. Slater and Slater Communications    )
and Electronics, Inc.,                  )
                              )
Defendants.                        )

                              ORDER


        Adopted:  March 27, 2003        Released:  March 31, 2003

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

On March 3, 2003, Nextel Communications, Inc. (``Nextel'') filed 
with this Commission an informal complaint (the ``Complaint'') 
against Alan D. Slater and Slater Communications & Electronics, 
Inc. (``Slater'') pursuant to section 208 of the Communications 
Act of 1934, as amended (the ``Act''), 47 U.S.C. § 208, and 
sections 1.711-1.718 of the Commission's rules, 47 C.F.R. §§ 
1.711-1.718.  The complaint alleged that Slater had refused to 
negotiate in good faith with Nextel for the relocation of 
Slater's ``upper 200'' channel 800 MHz facilities, in violation 
of section 90.699 of the Commission's Rules, 47 C.F.R. § 90.699. 

On March 24, 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 Slater's ``upper 200'' 800 MHz 
licenses will be relocated in accordance with 47 C.F.R. §90.699.  
The Motion to Dismiss further stated that counsel for Slater had 
consented to the motion on Slater's behalf. 

 We are satisfied that dismissing the informal 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, sections 1.711-1.718 of the Commission's 
rules, 47 C.F.R. §§ 1.711-1.718, 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.

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, sections 1.711-1.718 of the Commission's 
rules, 47 C.F.R. §§ 1.711-1.718, 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 informal complaint against Slater IS 
DISMISSED WITHOUT PREJUDICE. 

                         FEDERAL COMMUNICATIONS COMMISSION




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

1    Motion  to  Dismiss  Complaint  Without  Prejudice,  Nextel 
Communications, Inc. v. Alan D. Slater and Slater Communications 
& Electronics Inc.,  File No. EB-03-MDIC-0012  (filed March  24, 
2003).