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Federal Communications Commission Washington, D.C. 20554 July 17, 2008 Mr. Alan S. Tilles Shulman, Rogers, Gandal, Pordy & Ecker, P.A. i 1921 Rockville Pike Rockville, MD 20852-2743 RE: Indian River County, Florida, Request for Waiver Regarding Payment of Rebanding Costs for Certain 800 MHz Facilities Dear Mr. Tilles: This letter responds to the Apri125, 2008, Request for Waiver submitted by Indian River County, Florida (Indian River), in which Indian River requests compensation from Sprint Nextel Corporation (Sprint) for costs associated with rebanding NPSPAC facilities licensed under Special Temporary Authorization (STA) WQHY812.' Indian River's request is unopposed. As discussed below, we grant the waiver request and require Sprint to pay the cost of retuning these facilities. Indian River states that its primary NPSPAC 800 MHz communications system is licensed under call sign WPJR704.2 Indian River recently discovered that it inadvertently neglected to include its NPSPAC backup site under call sign WPJR704.r Indian River asserts that the back-up system has been operating for more than a decade and is critical to ensure continued 9-1 . 1 communications should the primary emergency communications system fail.' In December 2007, Indian River applied for and was granted STA WQHY812 to license the back-up facility' The Region 9 Planning Committee approved Indian River's request.6 The Commission renewed STA WQHY812 on May 28, 2008.' Pursuant to the STA Public Notice ' Indian River now seeks a waiver requiring Sprint to pay for facilities authorized under STA WQHY812.. In the STA Public Notice, the Public Safety and Homeland Security Bureau (Bureau) provided guidance on circumstances in which Sprint would be obligated to pay for retuning of 800 MHz public See Request for Waiver filed by Indian River County (April 25, 2009) (Indian River Request). z Indian River Request at 2. ' Id. " id. ' See File No. 0003243896 (Dec. 3, 2007). 6 Id. at STA Attachment. ' See File No. 0003429837 (May 28, 2008). r See Public Safety and Homeland Security Bureau Provides Guidance for Public Safety licensees With Regard to License Application and Special Temporary Authorization Procedures and Payment of Frequency Relocation Costs for Public Safety Facilities Added During 800 MHz Band Reconfiguration, Public Notice, 21 FCC Rcd 14658 (PSHSB 2006) (STA Public Notice). IncWlleen6 i.uunry 01 1w1411 rawer, rL DL# 8910427967 I ' Amendment 8/2008