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




                              )
Nextel Partners, Inc.,                  )
                              )
Complainants,                      )
                              )
     v.                       )    File No. EB-02-MD-039
                              )
Supreme Radio Communications, Inc. )
                              )
Defendants.                        )

                              ORDER


        Adopted:  November 10, 2003     Released:  November 10, 
2003

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

          1.   On December16, 2002, Nextel Partners, Inc. 
(?Nextel?) filed with this Commission a formal complaint against 
Supreme Radio Communications, Inc. (?Supreme?) 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 Supreme 
had refused to negotiate in good faith with Nextel for the 
relocation of Supreme's ?upper 200? channel 800 MHz facilities, in 
violation of section 90.699 of the Commission's rules, 47 C.F.R. 
§ 90.699.   

          2.   On November 5, 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 Supreme's ?upper 200? 800 MHz 
licenses will be relocated in accordance with 47 CFR § 90.699.  
It further stated that the Motion to Dismiss was filed pursuant 
to the Asset Exchange Agreement.

          3.   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.

  

  

          4.   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.

          5.   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 Supreme 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 
Partners, Inc. v. Supreme Radio Communications, Inc., File No. 
EB-02-MD-039 (filed Nov. 5, 2003).