FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,169
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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of )
TeleBEEPER of New Mexico, Inc. ) WT Docket 02-55
And Sprint Nextel Corporation )
Mediation No. TAM 50069 )
MEMORANDUM OPINION AND ORDER ON RECONSIDERATION
Adopted: April 8, 2011 Released: April 8, 2011
By the Deputy Chief, Policy Bureau, Public Safety and Homeland Security Bureau:
I. On March 10, 2001, TeleBEEPER of New Mexico. Inc. (TeleBEEPER) filed a Petition
for Reconsideration (Petition) of the Public Safety and Homeland Security Bureau's Memorandum
Opinion and Order' which found that TeleBEEPER failed to act in good faith in negotiating with Sprint
Nextel Corporation (Sprint) for the rebanding of TeleBEEPER's 800 MHz licenses, call signs WPUV450
et al.2 For the reasons set out below, we deny TeleBEEPER's Petition, in part, and dismiss it in part.
2. In the TeleBEEPER Order, the Bureau found that TeleBEEPER had failed to negotiate in
good faith for the "paper retune"'3 of its 800 MHz licenses because, during mediation, TeleBEEPER had
knowingly advanced claims which it knew were unmeritorious and inconsistent with the Commission's
rules and 800 MHz Orders.4 Specifically, TeleBEEPER claimed that:
* it was entitled to replacement channels free of encumbrances,
* it was entitled to sell its pre-rebanding frequencies to a third party,
* Sprint had illegally obtained authorizations that diminished TeleBEEPER's "white area," and
* TeleBEEPER was entitled to $250,000 in "damages" from Sprint on account of the
protracted negotiation and mediation process.
' TeleBEEPER of New Mexico, Inc. and Sprint Nextel Corp., Memorandum Opinion and Order, 26 FCC Red 1164
(PSHSB 2011) (TeleBEEPER Order).
2 TeleBEEPER holds unconstructed Basic Economic Area (BEA) licenses in the Evansville-Henderson, Indiana,
Kentucky, Illinois BEA - call signs WPUV4SO, WPUV451; the Tulsa, Oklahoma, Kansas BEA - call sign
WPUV452; and the Pueblo, Colorado, New Mexico BEA, call sign WPUV453.
3 So called because retuning TeleBEEPER's unbuilt system does not involve the modification of physical
equipment, as in most other retunes, but requires only the conclusion ofa Frequency Reconfiguration Agreement
and the filing of license modification and assignment applications with the Commission.
4TeleBEEPER Order at 2, 4.
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/m1/341/: accessed June 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.