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




Nextel Communications, Inc. and         )
Nextel Partners, Inc.,                  )
                              )
Complainants,                      )
                              )
     v.                       )    File No. EB-02-MD-036
                              )
David M. Allen and Allen Wireless Group,     )
                              )
Defendants.                        )

                              ORDER


        Adopted:  January 21, 2003      Released:   January   23, 
2003

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

On November 18, 2002, Nextel Communications, Inc. and Nextel 
Partners, Inc. (``Nextel'') filed with this Commission a formal 
complaint against David M. Allen and Allen Wireless Group 
(``Allen'') 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 Allen had refused to negotiate in good 
faith with Nextel for the relocation of Allen'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 January 17, 2003, Nextel filed a Motion to Dismiss Complaint 
Without Prejudice (``Motion to Dismiss'')1 which stated that the 
parties had entered into a settlement pursuant to an Asset 
Exchange Agreement under which Allen's ``upper 200'' 800 MHz 
licenses will be relocated in accordance with 47 CFR §90.699.  
The Motion to Dismiss further stated that counsel for Allen had 
reviewed the motion, and had consented to it on Allen's behalf. 

 We are satisfied that dismissing the 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 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, 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 formal complaint against Allen 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. and Nextel Partners, Inc. v. David M. Allen 
and Allen Wireless Group, File No. EB-02-MD-036 (filed Jan.  17, 
2003).