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FAQs
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Planning and Negotiation Phase
When should I get started?
Licensees should expect to be contacted by a Sprint Nextel representative to initiate negotiations before the end of the voluntary negotiations period for their Wave. Reconfiguring licensees that are not contacted by Sprint Nextel may contact Sprint Nextel directly or contact the TA for further instruction.
Licensees and Sprint Nextel may agree to begin voluntary negotiations before the official start date of a licensee’s reconfiguration. You may also initiate early contact with Sprint Nextel if you wish, in case of a large and complex system.
When will I receive the Point of Contact (POC) Form?
Shortly before the start of your reconfiguration Wave, you will receive a mailing, which includes a copy of the POC Form. This mailing has been sent to all licensees in Waves 1, 2, and 3. If you are a licensee in Waves 1, 2, or 3 and have not received this mailing, please contact the TA. The POC Form is also available on the TA's website in the Forms section. For more information regarding the POC Form, please see the TA's 800 MHz Band Reconfiguration Handbook.
What is the negotiation process?
Negotiating and successfully completing a Frequency Reconfiguration Agreement (FRA) and Planning Funding Agreement (PFA), if necessary, is a critical step in the reconfiguration process. Initially, if planning funding is required, you will need to reach a PFA with Sprint Nextel regarding costs and activities required to perform planning activities for reconfiguration. These planning activities that 800 MHz licensees conduct in preparation for reconfiguration (e.g., inventories, frequency evaluation, development of Cost Estimates, etc.) are used as important inputs to the Cost Estimate, and eventual FRA, you will negotiate with Sprint Nextel.
Once completing your RFPF/Cost Estimate, and reaching agreement on the terms of the PFA/FRA, sign it and return it to Sprint Nextel. Sprint Nextel will submit the PFA/FRA to the TA for review and approval prior to execution. Activities related to negotiating reconfiguration contracts potentially include:
- Establishing and maintaining communications channels with Sprint Nextel
- Participating in negotiations
- Obtaining the assistance of counsel to help with contract negotiations and review (if desired)
- Obtaining TA assistance with the mediation of disputes preventing the formation of an FRA or PFA (if necessary)
- Requesting the TA’s assistance for exchanging information during negotiations (if necessary)
What am I required to negotiate with Sprint Nextel?
Reconfiguring 800 MHz licensees are required to negotiate the specifics of their reconfigurations directly with Sprint Nextel, or ask to communicate with Sprint Nextel through the TA to reach an agreement. The FCC has established two negotiation “periods” that reconfiguring licensees and Sprint Nextel should use to reach reconfiguration agreements – a three-month voluntary negotiation period followed by a three month mandatory negotiation period. Key terms and conditions to be negotiated include:
- Agreement on the reconfiguring licensee’s new frequencies (i.e., that they are comparable)
- The overall costs and timetable for physical reconfiguration
- A Cost Estimate (and SOW for complex systems)
- "Soft" transaction costs (e.g., legal and administrative costs)
- Payment terms
- Who will prepare and file FCC applications
Can the TA communicate with Sprint Nextel for me?
The TA strongly encourages direct negotiations between the licensees and Sprint Nextel as the fastest and most effective and efficient method for reaching agreements. However licensees may ask the TA to assist in the transmission of documents and other information to and from Sprint Nextel. If requested, the TA will merely act as a "conduit" and cannot unilaterally bind Sprint Nextel or any incumbent to any obligation associated with reconfiguration. The Request for TA to Communicate with Sprint Nextel Form is available on the TA’s website in the Forms section.
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