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Home My WebLink About2008-151D FIRST AMENDMENT TO FREQUENCY RECONFIGURATION AGREEMENT This first amendment to the frequency reconfiguration agreement (the "Amendment") is dated this 10th day of Septerber , 2008, (the "Effective Date") amends and revises the Frequency Reconfiguration Agreement (the `FRA") , dated December 4, 2007 between the County of Indian River, a political subdivision of the State of Florida, ("Incumbent"), and Nextel South Corporation ("Nextel"), a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation (each referred to in this Agreement as a "Party" and collectively as the Parties .") A. Section 25 of the Agreement, (Amendment), requires that any amendment to an executed FRA be by a written agreement authorized by the Parties. B . Subsequent to the Parties ' signing of the FRA, the Incumbent applied to the Federal Communications Commission (the "FCC") for a waiver to add ten special temporary license channel frequencies ("STA"), call sign WQHY812, to the 800 MHz reconfiguration. The Incumbent' s STAB are for Incumbent' s back-up transmitter site located in Wabasso, Florida. The FCC approved the waiver (see attached exhibit) therefore the new frequencies are added to FRA schedules A and B. For good and valuable consideration, the receipt of which the Parties hereby acknowledge, Incumbent and Nextel hereby agree to amend the Agreement as follows: 1 . Schedule A- Frequencies Asshmed to Nextel By Incumbent: Schedule A is amended by adding ten frequencies under the call sign WQHY812. There are no additional modifications to Schedule A. See attached exhibit of the revision to Schedule A. 2, Schedule B- Equipment- Frequencies Assiened by Nextel to Incumbent: Schedule B is amended by adding ten frequencies under the call sign WQHY812. There are no additional modifications to Schedule B. See attached exhibit of the revision to Schedule B . IN WITNESS WkWREOF, the Parties have signed this Amendment as of the date first written above. Incumbent: Nextel: County of Indian Rive ) Nextel South Cor orati B — ' `y 1 i By: NameAandra L, owden Name: liam Jenkins Title: Chairman Title: Vice President Spectrum Resources Approved: N13V . 13 , 2008 Attest: J .K. Barton, Clerk By: - �P Pagel of 8 Incumbent: County of Indian River, FL DLit 8910427967 I ' Amendment 8/2008 SCHEDULE A Incumbent Frequencies Amended 7/ 2008 The Incumbent frequencies listed on this amended section of Schedule A, are in addition to the frequencies identified in FRA Schedule A which are hereby incorporated by reference Incumbent Name: County of Indian River (FL) Incumbent Assigns to Nextel : Call Sign Licensee Lat (N) Long City State Expiration Frequencies (N) Date WQHY812 Indian River, 27-44- 80-26-29 Wabasso FL 11 /24/2008 866 .0625 County of 11 WQHY812 Indian River 27-44- 80-26-29 Wabasso FL 11 /24/2008 866 .2875 11 WQHY812 Indian River 27-44- 80-26-29 Wabasso FL 11 /24/2008 866 .3625 11 WQHY812 Indian River 2744- 80-26-29 Wabasso FL 11 /24/2008 866 .7375 11 WQI Y812 Indian River 2744- 80-26-29 Wabasso FL 11 /24/2008 867 .2250 11 WQHY812 Indian River 2744- 80-26-29 Wabasso FL 11 /24/2008 867 .7250 11 WQHY812 Indian River 2744- 80-26-29 Wabasso FL 11 /24/2008 867 . 8625 11 WQHY812 Indian River 2744- 80-26-29 Wabasso FL 11 /24/2008 868 .2250 11 WQHY812 Indian River 27-44- 80-26-29 Wabasso FL 11 /24/2008 868 .3375 11 WQHY812 Indian River 27-44- 80-26-29 Wabasso FL 11 /24/2008 868 .7250 11 Page 2 of 8 Incumbent: County of Indian River, FL DL# 8910427967 I ' Amendment V2008 SCHEDULE B Replacement Frequencies Amended 7/2008 The Nextel frequencies listed on this amended section of Schedule B, are in addition to the frequencies identified in FRA Schedule B which are hereby incorporated by reference Incumbent Name: County of Indian River (FL) Nextel Assigns to Incumbent Replacement Lat (N) Long (W) ERP Grnd Ant New Call Sign Channels (W) Elev. Hgt. Licensee MHz (frcgs) (ft) (ft) (FL) 851 .0625 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 851 .2875 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 851 .3625 27114- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 851 .7375 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 852.2250 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 852 .7250 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 852 . 8625 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 853 .2250 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of 853 .3375 27-44- 11 80-26 -29 20 15 405 Indian WQHY812 River, County of Page 3 of 8 Incumbent: County of Indian River, FL DL# 8910427967 1 " Amendment 8/2008 853 . 7250 27-44- 11 80-26-29 20 15 405 Indian WQHY812 River, County of Page 4 of 8 Incumbent: County of Indian River, FL DL# 8910427967 1 " Amendment 8/2008 EXHIBIT — FCC WAIVER (following pages) Page 5 of 8 Incumbent: County of Indian River, FL DL# 8910427967 1 " Amendment 8/2008 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 Alan S. Tilles safety radio facilities authorized pursuant to STA. The Bureau stated that "as a general rule, Sprint must pay the cost of relocating facilities that are authorized on a licensee's old frequency band before the end of the [800 MHz application] freeze in the applicable region, including facilities authorized by STAB or waivers granted during the freeze."' The STA Public Notice provides that Sprint is generally not required to pay for relocating public safety facilities authorized by STA after the applicable freeze has ended, but allows public safety licensees to seek a waiver.10 To obtain a waiver, a petitioner must demonstrate either that: (i) the underlying purpose of the rule(s) would not be served or would be frustrated by application to the present case, and that a grant of the waiver would be in the public interest or (ii) in view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome, or contrary to the public interest, or the applicant has no reasonable alternative! t We find the waiver standard to be met here. The waiver discussion in the STA Public Notice focuses on facilities that public safety licensees seek to construct and activate after the freeze has ended." In this case, local public agencies depend exclusively on Indian River's back-up NPSPAC communications system whichhas been operating since I996." Indian River also asserts the 9- 1-1 communications system is the hub center for all of its public safety agencies and is critical for interoperable communications." Because Indian River has demonstrated that these facilities are critical to its public safety communications and interoperability, we conclude that Indian River has shown that requiring Sprint to pay for relocating these facilities will not frustrate the underlying purpose of the rule articulated in the STA Public Notice and will serve the public interest in facilitating rebanding. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Section 1 .925 of the Commission's rules, 47 C.F.R. § 1 .925, the waiver request filed by the County of Indian River, Florida, IS GRANTED to the extent discussed herein. SPA Public Notice, 21 FCC Red at 14661 . o Id. � € 47 C.F.R. § 1 .925(b)(3)(i-ii). is Id. The Bureau stated that licensees seeking. a waiver to require payment by Sprint for retuning of post-freeze facilities would be expected to demonstrate that "(a) the need for the facility could not reasonably have been anticipated before die end of the mandatory negotiation period; and (b) safety considerations dictate that the modified facilities must be activated before band reconfiguration is completed in the relevant NPSPAC region." €s Indian River Request at 2. 4 !d 2 InenrllUCOI, wuuLy v, wwnu N V61 , r ,, DL# 8910427967 I " Amendment 8/2008 Alan S. Tilles This action is taken under delegated authority pursuant to Sections 0. 191 and 0.392 of the Commission's rules, 47 C.F .R. § § 0 . 191 , 0.392 . FEDERAL COMMUNICATIONS COMMISSION David L. Furth Associate Chief Public Safety and Homeland Security Bureau CC: Robert B. Kelly Squire Sanders & Dempsey, L.L.P. 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2401 James B. Goldstein Director — Spectrum Reconfiguration Sprint Nextel Corporation 2001 Edmund Halley Drive Reston, VA 20191 Page 8 of 8 Incumbent: County of Indian River, FL DL# 8910427967 1 " Amendment 8/2008