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Sprint Corporation and License Acquisitions, LLC

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Released: April 2, 2014

Federal Communications Commission

DA 14-448

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

SPRINT CORPORATION
)
Docket No. 02-55
)
TAM-45083
and
)
)

LICENSE ACQUISITIONS, LLC
)

ORDER

Adopted: April 2, 2014

Released: April 2, 2014

By the Deputy Chief, Policy and Licensing Division Public Safety and Homeland Security Bureau:
1.
Under consideration is the Request for Extension or Suspension of Mediation (Request)
filed in the captioned proceeding by Sprint Corporation (Sprint). Sprint requests the Public Safety and
Homeland Security Bureau (Bureau) to direct the TA Mediator to extend or suspend the mediation in the
matter of Sprint and License Acquisitions, LLC (License Acquisitions) until a ruling is had on License
Acquisitions’ “underlying petitions for waiver of FCC rules and/or its requests for license renewal.”1 For
the reasons set out below, we deny the Request.
2.
Sprint argues that “[k]nowing the outcome of these proceedings would conserve what
might otherwise be a waste of resources, as one possible outcome could be the conclusion that there are
no valid or active licenses to reband and thus no need for further mediation.”2 Similarly, however, a
possible outcome of License Acquisitions’ waiver request and license renewal applications could be the
conclusion that License Acquisitions holds valid licenses that should be renewed and that rebanding of
those licenses will be required. Were we to grant Sprint’s request, and if a favorable determination were
made on the pending waiver request and license renewal applications, the parties then would have to
initiate mediation, with a consequent delay to the overall 800 MHz rebanding program as compared to
their timely mediating a Frequency Reconfiguration Agreement.
3.
We note that License Acquisitions has neither joined in the Sprint request nor filed
supporting comments. It therefore apparently is prepared to go forward with mediation at this time.
4.
Because unconstructed licenses are at issue, conclusion of a Frequency Reconfiguration
Agreement is a relatively uncomplicated process, involving assigning License Acquisitions to new
frequencies. We therefore conclude that it would not be unduly burdensome on either Sprint or License
Acquisitions to agree on the transactional cost of effecting such a “paper retune.” Accordingly, we are
denying the Request to extend or suspend the mediation period until a ruling is had on License
Acquisitions’ pending applications and waiver request. The mediation period, however, is extended by
twenty working days from the release date of this order so that the parties may negotiate a Frequency
Reconfiguration Agreement under the auspices of the TA Mediator. At such time as a Frequency
Reconfiguration Agreement is reached, it shall be submitted to the 800 MHz Transition Administrator

1 Sprint Request for Extension or Suspension of Mediation, Feb. 20, 2014 (Request)(filed via email).
2 Id.

Federal Communications Commission

DA 14-448

who will retain it in escrow until a ruling has been had on License Acquisitions’ waiver request and
license renewal applications.
5.
Accordingly, IT IS ORDERED that the Request for Extension or Suspension of
Mediation filed by Sprint Corporation IS DENIED.
6.
IT IS FURTHER ORDERED that the mediation period is extended by twenty working
days from the release date of this Order.
7.
IT IS FURTHER ORDERED that Sprint Corporation and License Acquisitions LLC
SHALL SUBMIT to mediation for the rebanding of License Acquisitions’ licenses.
8.
IT IS FURTHER ORDERED that, on conclusion of a Frequency Reconfiguration
Agreement, the 800 MHz Transition Administrator shall hold that the Frequency Reconfiguration
Agreement in escrow pending further direction from the Commission.
9.
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
Michael J. Wilhelm,
Deputy Chief, Policy and Licensing Division
Public Safety and Homeland Security Bureau
2

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