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Online Reference Guide, version 2


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Payment Process:
Payment Process Overview

5. Receive payment from Sprint Nextel

Upon the TA's approval of your Frequency Reconfiguration Agreement (or Planning Funding Agreement), Sprint Nextel will initiate payment in accordance with the contractually agreed terms.

Licensees will be paid in accordance with contractually agreed milestones by Sprint Nextel. When vendors are not paid directly by licensees, Sprint Nextel will pay vendors by the vendor payment obligation date, which will be within 30 days of the later of:
Sprint Nextel's receipt of a vendor invoice.
Licensee approval of a vendor invoice and acknowledgement of acceptance of goods/services or achievement of a contractual milestone.
Note that both the vendor invoice and licensee approval of the vendor invoice are required before Sprint Nextel will initiate payment to vendors. Licensee signed vendor invoices will constitute approval and proof of receipt of goods and services or achievement of a contractual milestone. You will receive more details from Sprint Nextel on this process after your FRA is complete.

The TA will actively monitor the payment process to ensure that Sprint Nextel fulfills its payment obligations to licensees and vendors. In the event Sprint Nextel fails to pay a licensee or vendor within 30 days of the relevant Payment Obligation Date, the TA will contact Sprint Nextel to determine why payment was not made. If Sprint Nextel fails to demonstrate "good cause" for non-payment within 40 days of the Payment Obligation Date, the TA will instruct a trustee to draw on the Letters of Credit to remit payment to the licensee or vendor. The burden of proof for non-payment is on Sprint Nextel (although licensees and vendors must provide sufficient documentation to show that payment is due). Licensees and vendors must refund the full amount of any erroneous payment made to them by Sprint Nextel in connection with reconfiguration services.

Licensees and vendors paid by Sprint Nextel may report past due payments to the TA via phone (888-800-8220), or via email (Comments@800TA.org).


6. True-up payments at conclusion of your system reconfiguration when the licensee was paid based on a Cost Estimate

You are required to maintain documentation of the costs incurred to reconfigure your system. Sprint Nextel is only required to make payments for reasonable and prudent expenses directly related to the retuning of an 800 MHz system. You will be required to submit documentation to Sprint Nextel no later than the closing of your reconfiguration. You may also be requested to provide your documentation to the TA, upon audit. The nature of the reconciliation documentation that you will need to submit with respect to your internal labor costs will depend upon whether your internal labor costs are being reimbursed on a "per unit" or a "per hour" basis. For more information regarding reconciliation documentation for internal labor costs, please refer to the Incumbent Labor Reimbursement Policy available on the TA's website (http://www.800TA.org/content/PDF/policy/IncumbentLaborPolicy.pdf).

At the conclusion of your reconfiguration, payments made to you based on your Cost Estimate will be reconciled to the documentation evidencing actual cost.
If your actual costs exceed the value of your approved Cost Estimates, you must obtain approval from Sprint Nextel and the TA for these excess costs before you can be reimbursed. You should promptly submit a written Change Notice in accordance with the applicable "Changes" provision of your PFA or FRA. You will then negotiate this change with Sprint Nextel, and also submit the Change Notice for TA review and approval. The Change Notice Process and forms are available on the TA's website (http://www.800TA.org/content/documents/change_notice.asp).
If you were overpaid, refunds for overpayments will be due to Sprint Nextel.
Licensees and vendors will be required to refund the full amount of any erroneous payment made to them by Sprint Nextel in connection with reconfiguration services.
All reconfiguring licensees will be required to submit documentation to Sprint Nextel evidencing the costs incurred prior to contract closing. A true-up payment for any underpayments by Sprint Nextel or a refund for excess payments to a licensee will be made based on the results of the reconciliation. After all payments are made (including any final true-up payments or refunds), you and Sprint Nextel must certify that reconfiguration is complete and that both parties agree upon the payments made.

The TA may audit the amounts expended. If documentation is incomplete or if the audit generates questions about payments made, the TA will contact you and Sprint Nextel and request reconciliation to the satisfaction of the TA.

Licensees are responsible for retaining all information related to reimbursable costs for reconfiguration. This material should be stored for a minimum of 24 months after the closing of a PFA or 18 months after the closing of an FRA. Applicable records include books, documents, accounting procedures and practices, and other data of all types (e.g., written, electronic, or other).


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