Subject: [NEXTEL-1] Repost- How To Reslove Nextel Interference-File, File, File and File

From: [email-masked]
Date: Thu, 15 Apr 2004 19:00:02 -0400

How To Reslove Nextel Interference- File, File, File and File......

Re: Centre Comm. Formal Interference Complaint
Against Nextel-

Formal Complaints Against Nextel Do Work.

=======================================================

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).

http://www.fcc.gov/eb/Orders/2003/DA-03-795A1.html

--
    "NEXTEL-1 IT'S NOT JUST NEXTEL"
  Note The New address
Subscribe to Nextel-1: http://www.groups.yahoo.com/subscribe/NEXTEL-1

  "NEXTEL2 FOR iDEN SOFTWARE DEVELOPERS"
Subscribe to Nextel2: http://www.groups.yahoo.com/subscribe/NEXTEL2

  "WIRELESS FORUM HOMELAND SECURITY GROUP"
     The Complete Resource for Wireless Homeland Security.
Subscribe to WFHSG:  http://www.groups.yahoo.com/subscribe/WFHSG