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Overview of 800 Mhz Reconfiguration:
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Parties Involved in Reconfiguration
Parties Involved in Reconfiguration
As the government entity in charge of regulating interstate and international communications by radio, television, wire, satellite and cable, the FCC released the R&O ordering the reconfiguration of the 800 MHz Band. Per the FCC's R&O, specific roles have been assigned to the TA, Sprint Nextel and reconfiguring licensees in the 800 MHz reconfiguration program.
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Figure 2:
Parties Involved in Reconfiguration
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800 MHz Transition Administrator, LLC: The FCC appointed an independent party to serve as the Transition Administrator for the 800 MHz Reconfiguration Program. 800 MHz Transition Administrator, LLC has contracted with BearingPoint, Inc., Squire, Sanders & Dempsey L.L.P., and Baseline Telecom, Inc. to perform the duties of the TA. The overriding obligation of the TA is to facilitate timely band reconfiguration in a manner that is equitable to all concerned, including the United States government. Among its duties, the TA:
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Establishes reconfiguration guidelines, |
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Specifies replacement channels for relocating licensees, |
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Reviews and approves Planning Funding Agreements (PFAs), |
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Reviews and approves Frequency Reconfiguration Agreements (FRAs), |
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Monitors payment of reconfiguration costs, |
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Manages the relocation schedule, |
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Facilitates issue resolution, |
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Reports progress of the 800 MHz reconfiguration to the FCC, and |
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Administers the Alternative Dispute Resolution process. |
The TA is a neutral party that recognizes its obligation to follow the FCC's guidance to treat all licensees fairly and equitably with minimum disruption to both the spectrum users and the public. For purposes of operating efficiency, the TA's procedures may require reconfiguring licensees to provide information ultimately intended for the TA to Sprint Nextel, who will then forward this information to the TA (e.g., minimum cost certification).
Reconfiguring licensees should use the TA as a source of information and for assistance related to the 800 MHz reconfiguration process.
Sprint Nextel Corporation: On August 12, 2005 Sprint Corporation merged with Nextel Communications, forming Sprint Nextel. Sprint Nextel will honor all obligations that Nextel has accepted to implement the FCC's 800 MHz reconfiguration plan.
As the primary spectrum holder and commercial cellular-type service provider in the 800 MHz Band, Nextel has been an active participant in the FCC's proceedings regarding 800 MHz interference. As early as 2001, Nextel, both alone and as part of a coalition of 800 MHz licensees (the "Consensus Parties"), proposed potential resolutions to the 800 MHz interference problem. The FCC's R&O adopted some of Nextel's proposed solutions and made Nextel a party to the 800 MHz reconfiguration effort. Nextel formally accepted the related obligations established by the FCC as of February 7, 2005. Responsibilities of Sprint Nextel include:
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Paying all allowable costs for relocating other 800 MHz incumbents required to reconfigure. To ensure the completion of the reconfiguration nationwide, Sprint Nextel obtained Letters of Credit in the amount of $2.5 billion, with no "cap" on Sprint Nextel's potential funding obligation. |
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Reconfiguring many of its own 800 MHz operations. In exchange for funding the reconfiguration and giving up some of its 700 MHz and 800 MHz spectrum, Sprint Nextel will receive 10 MHz of spectrum in the 1.9 GHz Band. |
Relocating licensees are expected to work closely with Sprint Nextel "in good faith" during the course of the 800 MHz reconfiguration. The FCC's R&O states that Nextel personnel shall not be "involved" in reconfiguring a licensee's system. In the Supplemental Order, the FCC clarified that this prohibition extends only to Nextel's personnel gaining direct access to an incumbent licensee's physical system. However, if the involved licensee explicitly authorized Nextel personnel to physically examine or adjust a system, then the prohibition would be inapplicable. This restriction also applies to the newly merged firm of Sprint Nextel. Sprint Nextel's involvement in each licensee's reconfiguration effort will be limited to activities that do not directly involve reconfiguring the licensee's system, such as relocation negotiations and direct payment of reconfiguration costs.
Should any negotiations between the licensee and Sprint Nextel fail to result in an agreement, the matter will be submitted to the TA for resolution pursuant to the Alternative Dispute Resolution (ADR) process, which is outlined further in this Handbook in Section III-Overview of the Regional Prioritization Plan. Any disputes not resolved through the ADR process will be referred to the FCC for resolution.
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