FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,074
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agree with Sprint that "the Petition is a repetitious catalogue of alleged injustices presented in the hope
that one of them will gain some traction." This scattershot approach to pleading, with clear disregard for
the Commission's procedural rules, borders on abuse of process and unnecessarily burdens the resources
of the Commission and other parties - resources better devoted to the timely completion of nationwide
800 MHz band reconfiguration. We have not, however, summarily dismissed the Petition and, instead,
have explained the respects in which it does not conform to the Commission's procedural rules, in the
expectation that Indiana, and any other party similarly disposed to ignore the procedural rules, will fully
realize the impropriety, and futility, of doing so.
28. Indiana's belief that the Commission's rules and 800 MHz orders entitle it to the vendor
of its choice, no matter what the price, is misplaced - the minimum necessary cost standard is to the
contrary. We therefore affirm the Indiana Order's determination that the sum of $51,590 is the minimum
necessary cost for obtaining the ministerial licensing services associated with rebanding Indiana's system.
We also affirm the Indiana Order's determination that it was reasonably foreseeable that replacement
radios should be deployed with both the pre-rebanding and post-rebanding channels installed. Therefore,
Indiana's change order request to require Sprint to pay for retrieving the radios from the field to give them
a first touch was properly disallowed.
V. ORDERING CLAUSES
29. Accordingly, pursuant to the authority of Section 4(i) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i) and Sections 1.106 and 90.677 of the Commission's Rules, 47
C.F.R. 1.106, 90.677, IT IS ORDERED that the petition for reconsideration, filed February 22, 2011,
by the State of Indiana, IS DENIED.
30. IT IS FURTHER ORDERED that the Transition Administrator shall convene a meeting
of the parties within seven business days of the date of this Memorandum Opinion and Order for the
purpose of negotiating an amendment to the Frequency Reconfiguration Agreement between the parties
consistent with the resolution of issues as set forth herein.
31. 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 Division
Public Safety and Homeland Security Bureau
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/246/: accessed May 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.