 |
|
|
Overview of Reconfiguration Prioritization Plan:
>
Voluntary and Mandatory Negotiations
Voluntary and Mandatory Negotiation Periods
Reconfiguring 800 MHz licensees are required to either negotiate the specifics of their reconfigurations directly with Sprint Nextel, or to ask the TA to assist in the transmission of documents and other information to and from Sprint Nextel in order to reach an agreement. The FCC has established two negotiation "periods" that reconfiguring licensees and Sprint Nextel should use to reach reconfiguration agreements.
Voluntary Negotiation Period: The first or "voluntary" negotiation
period lasts three months. During the voluntary negotiation period, reconfiguring
licensees and Sprint Nextel may agree to negotiate Frequency Reconfiguration
Agreements. Figure 5 shows the start dates for Channels 1-120 and NPSPAC voluntary
negotiations (also the start date for the Wave).
 |
Figure 2:
Voluntary Negotiations Start Dates
Enlarge > |
Mandatory Negotiation Period: The second or "mandatory" negotiation period
immediately follows the voluntary negotiation period and also lasts three months
(with the exception of Wave 1, Stage 2 and Wave 4 border areas, which were allowed
three additional months). During the mandatory negotiation period, all parties are
required to negotiate in good faith, and either party may request TA involvement
to help mediate a Frequency Reconfiguration Agreement. During mandatory
negotiations:
 |
The licensee must send a Cost Estimate to Sprint Nextel, if they have not already done so. |
|
Sprint Nextel must make an offer to relocate the incumbent to comparable facilities. |
|
Licensees must either make a counter-offer to a reasonable offer from Sprint Nextel, rather than refusing an offer outright, or provide an explanation of why the offer was rejected. |
|
Licensees must take reasonable steps to determine the actual costs of relocation. |
|
Parties may not unreasonably withhold information essential to the accurate estimation of reconfiguration costs and procedures. |
|
Parties are required to participate in mandatory negotiations if scheduled by the TA. |
The TA encourages licensees to work directly with Sprint Nextel to reach agreement on a Frequency Reconfiguration Agreement that will then be reviewed by the TA.
|
|
|
|