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Reconfiguration Implementation Phase:
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Reconfiguration Implementation Phase Overview
8. Complete FCC Surrender Applications and Other Filings
Once you have completed retuning of your system, including any acceptance testing, you will be required per the terms of the Frequency Reconfiguration Agreement to notify Sprint Nextel that the retuning is completed. At this time, you and/or your authorized representative and/or Sprint Nextel, depending upon the terms of your Frequency Reconfiguration Agreement, will file additional applications with the FCC to modify your license to delete or "surrender" the old frequencies. This is an important step, as the TA and the FCC cannot verify that the reconfiguration is complete until the FCC has granted these applications. At this time, if necessary, Sprint Nextel will also file applications to delete your new channels from their licenses surrounding your locations.
In addition, there are two other FCC filings that are not conditions to closing, but must be made in conjunction with reconfiguration:
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The FCC requires that licensees file a Certification of Construction when new frequencies are placed into operation. Frequencies provided to the licensee through reconfiguration trigger this requirement. Although this is not a condition to closing, it should be filed within 15 days of the licensee's commencement of operations on the new frequencies. A failure to file the construction certification may result in the cancellation of your license. It is the licensee's responsibility to file the Certification either directly or through an authorized representative. The TA recommends that this process and any associated cost should be included in the Frequency Reconfiguration Agreement with Sprint Nextel. |
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If frequencies were assigned to Sprint Nextel for use as part of the transaction, following the closing of the transaction, Sprint Nextel will file a Notice of Consummation with the FCC. |
9. Licensee and Sprint Nextel Complete True Up
The reconfiguration ends with a "closing" process, in which both you and Sprint Nextel verify that all obligations have been met. The steps for completion are:
- Provide Sprint Nextel with supporting documentation of the actual costs incurred for your reconfiguration (invoices, timesheets, receipts, etc.).
- Perform true-up between payments made and actual costs incurred (refer to the Funding Guidelines section of this Handbook for details):
| a. |
If additional payments are due to you or your vendor(s), Sprint Nextel will make
a final true-up payment(s). Licensees must negotiate with Sprint Nextel to amend their
Frequency Reconfiguration Agreement with Sprint Nextel before incurring new or additional
expenses beyond the Cost Estimate. These amendments must be reviewed and approved by the TA. |
| b. |
If you and/or your vendor were overpaid, refunds will be due to Sprint Nextel. |
10. Licensee and Sprint Nextel Certify Completion
You must provide a Completion Certification that certifies to the TA:
- That you have relinquished your original 800 MHz frequencies and reconfigured your facilities to operate on the replacement frequencies;
- That all work required to reconfigure your facilities to operate on the replacement frequencies has been satisfactorily completed; and
- That you and Sprint Nextel have agreed to the sum paid by Sprint Nextel for such work.
Sprint Nextel will forward all closing documentation to the TA for review, and the TA will register the reconfiguration as complete.
11. Maintain Records and Documentation
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 Planning Funding Agreement (PFA) or 18 months after the closing of a Frequency Reconfiguration Agreement (FRA), and longer if you typically retain records for longer. Applicable records include books, documents, accounting procedures and practices, and other data of all types (e.g., written, electronic, or other).
Supporting documents should be submitted to Sprint Nextel as part of reconciliation and to the TA upon request. The TA has the right to request documents beyond the time listed above in cases where there are indications of potential fraud, waste, or abuse.
Fraud, Waste, and Abuse
It is incumbent on all program participants to implement measures to deter and detect potential fraud, waste, abuse, or other illegality in the 800 MHz reconfiguration program. More information about safeguards and other actions required of program participants to combat fraud and other potential illegalities in the reconfiguration program appears in this Handbook in Section IX - Fraud, Waste, and Abuse.
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