HomeMy WebLinkAboutNextel West Corp.-Mutual Assignment of FCC Licenses-12.22.2008 api<2,teyj I .2- - Or
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City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
MUTUAL ASSIGNMENT OF FCC LICENSES
RECONFIGURATION CERTIFICATIONS
A. City of Waterloo,Iowa,an Iowa municipality ("Incumbent") and Nextel West Corp.,a
wholly owned indirect subsidiary of Nextel Communications, Inc., have entered into a Frequency
Reconfiguration Agreement ("Agreement"), dated April 11, 2007, as amended on April 10, 2008 for the
reconfiguration of Incumbents 800 MHz system which includes the assignment by Incumbent to Nextel
of certain 800 MHz frequencies previously licensed to Incumbent(the "Incumbent Frequencies") and the
creation or assignment by Nextel to Incumbent of certain 800 MHz frequencies previously licensed to
Nextel (the"Replacement Frequencies").
B. Incumbent and Nextel have applied for and received the Federal Communications
Commission ("FCC") approvals as required under the Agreement for the assignment of the Incumbent
Frequencies and Replacement Frequencies;
NOW,THEREFORE:
1. Incumbent has caused the assignment of the Incumbent Frequencies identified on the
attached Schedule A to Nextel or has caused the deletion of the Incumbent Frequencies from the
Incumbent Licenses (as defined in the Agreement). Nextel accepts such assignment and assumes
responsibility as licensee from and after the date hereof.
2. Nextel or Incumbent has caused the modification of the Incumbent Licenses to add the
Replacement Frequencies and/or Nextel has caused the creation of a new FCC license for Incumbent that
includes the Replacement Frequencies as identified on the attached Schedule B. Incumbent accepts this
grant/assignment and assumes responsibility as licensee from and after the date hereof.
3. Nextel has caused the modification and/or cancellation of the FCC licenses it holds for
the operation of 800 MHz frequencies that are co-channels of the Replacement Frequencies, to the extent
required to meet the technical short-spacing requirements of Section 90.621(b) of the FCC's Rules, 47
C.F.R. § 90.621(b),as such rule may be amended from time to time by the FCC.
4. Incumbent agrees that all necessary work contemplated by the Agreement to reconfigure
Incumbent's facilities has been satisfactorily completed.
5. Incumbent has requested payment from Nextel, either as part of Incumbent's initial Cost
Estimate (Schedule C of the Agreement) or as changes thereto submitted pursuant to Section 8 of the
Agreement, of the Actual Costs Incumbent reasonably incurred or paid in connection with the
reconfiguration of its system from the Incumbent Frequencies to the Replacement Frequencies and that
Incumbent believes Nextel is obligated to pay under the Order.
6. Nextel and Incumbent agree to the following calculations related to the Actual Costs and
agree to the delivery of the remaining payment or refund as outlined below (in accordance with
Incumbents payment instructions or Nextel's payment instructions(as the case may be)):
Total Actual Costs of Reconfiguration: $54,941.60
Less: Advance Payment ($22,760.00)
Less: Vendor Payments (if applicable) ($0.00)
Remaining Payment (as of the date on the signed Reconciliation $32,181.60
Statement)due to Vendor prior to the Closing Date:
Refund (as of the date on the signed Reconciliation Statement) due to $0.00
Nextel prior to the Closing Date: (if applicable)
7. Incumbent agrees that the total amount that will be paid by Nextel to Incumbent and on
behalf of Incumbent for the reconfiguration of Incumbent's facilities from the Incumbent Frequencies to
the Replacement Frequencies is $54,941.60 and is equal to the Actual Costs Incumbent reasonably
incurred or paid to other entities to reconfigure Incumbent's facilities.
8. Prior to the Closing Date, or upon receipt of the Remaining Payment due to Incumbent or
Refund due to Nextel (as outlined in the table above), Incumbent agrees that Nextel does not owe
Incumbent any additional amount for the reconfiguration of Incumbent's facilities pursuant to the
Agreement.
IN WITNESS WHEREOF, Nextel and Incumbent have caused this MUTUAL ASSIGNMENT OF FCC
LICENSES/RECONFIGURATION CERTIFICATION to be executed as of the dates set forth below.
INCUMB ' NEXTEL:
City of W: I I w Nextel West Corp.
By: � By:
Name: I t Se b m• ►+t Name: Patricia C. Tikkala
Title: n k ya f Pt o 12n•, Title: Authorized Signatory
Date: l a _ -D Date:
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
MUTUAL ASSIGNMENT OF FCC LICENSES
RECONFIGURATION CERTIFICATIONS
SCHEDULE A
Incumbent Frequencies
Incumbent's Name: City of Waterloo, Iowa
Incumbent Assigns to Nextel:
Long(W)
CALLSIGN Frequencies Licensee Location #of Issue Date Lat(N)
Frequencies
WPJS208 866.0125 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.0125 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 866.1625 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.1625 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 866.4125 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.4125 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of •
WPJS208 866.7625 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.7625 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 867.1750 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 867.1750 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 868.1750 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 868.1750 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 868.6500 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 868.6500 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 868.9000 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.9000 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
MUTUAL ASSIGNMENT OF FCC LICENSES
RECONFIGURATION CERTIFICATIONS
SCHEDULE B
Replacement Frequencies
Incumbent's Name: City of Waterloo, Iowa
Nextel Assigns to Incumbent:
Replacement Lat(N) Long(W) ERP Gnd Ant. New Licensee Location
Frequencies (W) Elev Height
(ft) (ft)
851.0125 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.0125 42-28-29 92-18-11.7 70 Waterloo,City
of
851.1625 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.1625 42-28-29 92-18-11.7 70 Waterloo,City
of
851.4125 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.4125 42-28-29 92-18-11.7 70 Waterloo,City
of
851.7625 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.7625 42-28-29 92-18-11.7 70 Waterloo,City
of
852.1750 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
852.1750 42-28-29 92-18-11.7 70 Waterloo,City
of
853.1750 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
853.1750 42-28-29 92-18-11.7 70 Waterloo,City
of
853.6500 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
853.6500 42-28-29 92-18-11.7 70 Waterloo,City
of
853.9000 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
853.9000 42-28-29 92-18-11.7 70 Waterloo,City
of
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
MUTUAL ASSIGNMENT OF FCC LICENSES
RECONFIGURATION CERTIFICATIONS
SCHEDULE C
Intentionally Omitted
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
CLOSING CERTIFICATE OF CITY OF WATERLOO,IOWA
I do hereby certify of behalf of City of Waterloo, Iowa, an Iowa municipality
("Incumbent"),that:
1. Incumbent is a municipality, and the undersigned is a duly appointed and acting
officer or authorized signatory of Incumbent.
2. Incumbent has in all material respects complied with, satisfied and performed all
obligations and conditions under the Frequency Reconfiguration Agreement (the "Agreement")
dated April 11,2007,as amended on April 10, 2008,by and between Incumbent and Nextel West
Corp., a wholly-owned indirect subsidiary of Nextel Communications, Inc., a Delaware
corporation ("Nextel"), required to be complied with, satisfied or performed by Incumbent on or
prior to the date set forth below including but not limited to the "Closing Conditions"as set forth
in the Agreement.
3. All the representations and warranties made by Incumbent in the Agreement are
true and correct with respect to Incumbent as of the date set forth below.
IN WITHNESS WHEREOF, Incumbent has caused this CLOSING CERTIFICATE to be executed as
of the date set forth below.
INCUMBE .
City of Wat rloo, ovJa
By:
Name: ICE's s<< Sc ,r 14
Title: rIlcx y t Pro Te W.
Date: t - 1 -o
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
CLOSING CERTIFICATE OF NEXTEL WEST CORP.
I do hereby certify on behalf of Nextel West Corp., a wholly-owned indirect subsidiary
of Nextel Communications,Inc., a Delaware corporation("Nextel"),that:
1. Nextel is a corporation or other entity and the undersigned is a duly appointed
and acting officer or authorized signatory of Nextel.
2. That Nextel has in all material respects complied with, satisfied or performed all
obligations and conditions under that certain Frequency Reconfiguration Agreement (the
"Agreement"), dated April 11, 2007, as amended on April 10, 2008, by and between Nextel and
City of Waterloo, Iowa, an Iowa municipality ("Incumbent") required to be complied with,
satisfied or performed by Nextel on or prior to the date set forth below including but not limited
to the"Closing Conditions"as set forth in the Agreement.
3. All the representations and warranties made by Nextel in the Agreement are true
and correct with respect to Nextel as of the date set forth below.
IN WITHNESS WHEREOF, Nextel has caused this CLOSING CERI'mICATE to be executed as of
the date set forth below.
NEXTEL:
Nextel West Corp.
By:
Name: Patricia C.Tikkala
Title: Authorized Signatory
Date:
Quill Transition
Administrator
The Official Reconfiguration Manager
800 MHZ RECONFIGURATION
COMPLETION CERTIFICATION
Incumbent Name: City of Waterloo, Iowa
Certification
Pursuant to the FCC's order mandating the 800 MHz band reconfiguration (the "Order"),
the above-name incumbent licensee (the "Incumbent")hereby certifies to the Transition
Administrator appointed pursuant to the Order as follows:
1. That Incumbent has relinquished its original 800 MHz frequencies identified on
Schedule A attached and reconfigured its facilities to operate on the replacement
frequencies identified on Schedule B attached (the "Replacement Frequencies");
2. That all work required to reconfigure Incumbent's facilities to operate on the
Replacement Frequencies has been satisfactorily completed; and
3. That Nextel West Corp. ("Nextel") and Incumbent have agreed to the sum
paid by Nextel for such work.
Signature:
Print Name: e_ le Cc') n ;ffi
Title: nl a ro e
Phone Number:
E-mail:
Date: a- a-a S
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
MUTUAL ASSIGNMENT OF FCC LICENSES
RECONFIGURATION CERTIFICATIONS
SCHEDULE A
Incumbent Frequencies
Incumbent's Name: City of Waterloo, Iowa
Incumbent Assigns to Nextel:
Long(W)
CALLSIGN Frequencies Licensee Location #of Issue Date Lat(N)
Frequencies
WPJS208 866.0125 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.0125 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 866.1625 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.1625 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 866.4125 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.4125 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 866.7625 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.7625 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 867.1750 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA _
WPJS208 867.1750 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 868.1750 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 868.1750 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 868.6500 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 868.6500 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
WPJS208 868.9000 Waterloo, Waterloo, 1 10/22/2001 42-46-45 92-22-29.7
City of IA
WPJS208 866.9000 Waterloo, 1 10/22/2001 42-28-29 92-18-11.7
City of
City of Waterloo,Iowa
Frequency Reconfiguration Agreement
Final Closing
MUTUAL ASSIGNMENT OF FCC LICENSES
RECONFIGURATION CERTIFICATIONS
SCHEDULE B
Replacement Frequencies
Incumbent's Name: City of Waterloo, Iowa
Nextel Assigns to Incumbent:
Replacement Lat(N) Long(W) ERP Gnd Ant. New Licensee Location
Frequencies (W) Elev Height
(ft) (ft)
851.0125 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.0125 42-28-29 92-18-11.7 70 Waterloo,City
of
851.1625 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.1625 42-28-29 92-18-11.7 70 Waterloo,City
of
851.4125 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.4125 42-28-29 92-18-11.7 70 Waterloo,City
of
851.7625 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
851.7625 42-28-29 92-18-11.7 70 Waterloo,City
of
852.1750 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
852.1750 42-28-29 92-18-11.7 70 Waterloo,City
of
853.1750 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
853.1750 42-28-29 92-18-11.7 70 Waterloo,City
of
853.6500 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
853.6500 42-28-29 92-18-11.7 70 Waterloo,City
of
853.9000 42-26-45 92-22-29.7 78 961 374 Waterloo,City Waterloo,IA
of
853.9000 42-28-29 92-18-11.7 70 Waterloo,City
of