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FREQUENCY RECONFIGURATION AGREEMENT ` ' t <br /> THIS F),, EQUENCY RECONFIGURATION AGREEMENT (this "Agreement") is made <br /> as of this �h day of LXC , 2007 (`Effective Date"), by and between County of Indian River, a <br /> political subdivision of the State of Florida, ("Incumbent"), and Nextel South Corporation ("Nextel"), a <br /> wholly owned indirect subsidiary of Sprint Nextel Corp. , a Kansas corporation (each is referred to in this <br /> Agreement as a "Party" and collectively as the "Parties'). <br /> RECITALS <br /> A. On August 6, 2004, the Federal Communications Commission ("FCC") issued a Report and <br /> Order that modified its rules governing the 800 MHz band. The purpose of the Order was to <br /> reconfigure the 800 MHz band to minimize harmful interference to public safety radio <br /> communications systems in the band ("Reconfiguration"). <br /> B. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. <br /> The August 6, 2004 and December 22, 2004 FCC orders, and any supplemental FCC Orders <br /> in the Reconfiguration proceeding or subsequent actions after the date of this Agreement, are <br /> collectively referred to as the "Order." <br /> C. Pursuant to the Order, Incumbent and Nextel are licensed on frequency allocations subject to <br /> Reconfiguration. <br /> D. Pursuant to the Order, Nextel will pay Incumbent an amount to effect a Reconfiguration of <br /> Incumbent' s affected frequency allocations ("Reconfiguration Cost"). Incumbent will certify <br /> to the Transition Administrator appointed pursuant to the Order (the "Transition <br /> Administrator") that the Reconfiguration Cost is the minimum amount necessary to provide <br /> comparable facilities. <br /> FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY <br /> ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS : <br /> AGREEMENT <br /> 1 . Frequencies to be Reconfieured: Incumbent is the licensee under the license(s) granted by <br /> the FCC identified in Schedule A (the "Incumbent Licenses") for the operation of certain 800 MHz <br /> frequencies at the locations identified on Schedule A (the "Incumbent Frequencies"). Nextel, including its <br /> subsidiaries or affiliates, is the licensee under license(s) granted by the FCC (the "Nextel Licenses") for the <br /> operation of Specialized Mobile Radio ("SMR") systems on the frequencies and at the locations identified <br /> in Schedule B (the "Replacement Frequencies"). Pursuant to the Order, Incumbent must relinquish the <br /> Incumbent Frequencies and relocate its system to the Replacement Frequencies. <br /> 2. Frequency Reconfieuration Process: <br /> (a) On or before the Closing Date (as defined below) (i) Nextel or Incumbent will cause the <br /> modification of the Incumbent Licenses to add the Replacement Frequencies or Nextel will cause the <br /> creation of a new FCC license for Incumbent that includes the Replacement Frequencies; (ii) Incumbent will <br /> cause the assignment of the Incumbent Frequencies to Nextel or will cause the deletion of the Incumbent <br /> Frequencies from the Incumbent Licenses following Reconfiguration of Incumbent' s system; and (iii) <br /> Nextel will cause the modification and/or cancellation of the FCC licenses it holds for the operation of 800 <br /> MHz frequencies that are co-channels of the Replacement Frequencies, to the extent required to meet the <br /> technical short-spacing requirements of Section 90.621 (b) of the FCC's Rules, 47 C.F.R. § 90.621 (b), as <br /> such rule may be amended from time to time by the FCC. <br /> Page 1 of 21 <br /> County of Indian River (FL) DL8910427967 <br />