FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,888
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Federal Communications Commission
Washington, D.C. 20554
In the matter of )
Port Authority of New York and New Jersey ) WT Docket No. 02-55
Nextel Communications, Inc. ) Mediation No. TAM-50077
MEMORANDUM OPINION AND ORDER
Adopted: March 6, 2012 Released: March 6, 2012
By the Deputy Chief, Policy and Licensing Division. Public Safety and Homeland Security Bureau:
1. In this Memorandum Opinion and Order, we address a case referred to us for de novo review
from the 800 MHz Transition Administrator, LLC (TA) involving a dispute between the Port Authority of
New York and New Jersey (Port Authority) and Nextel Communications, Inc. (Sprint)' (collectively the
Parties).2 The dispute involves a Change Notice submitted by Port Authority totaling $955,865.43 for the
services of M/A COM Technology Solutions (M/A-COM), Booz Allen Hamilton (BAH), and Port
Authority's internal staff, in addition to internal legal and administrative costs.' Based on our de novo
review of the mediation record, the Recommended Resolution submitted by the TA-appointed mediator in
this case, and the Parties' statements of position, we disapprove the Change Notice in part and approve
Port Authority's legal and administrative costs associated with mediation and preparation of pleadings.
II. EXECUTIVE SUMMARY
2. After completing rebanding of its system. Port Authority submitted a Change Notice to Sprint
for $955,865.43 for services rendered by its vendor, M/A-COM. its consultant. BAH, and Port Authority
internal staff. Sprint disputes most of the claimed $955,865.43, arguing that Port Authority submitted the
Change Notice after the charges were incurred instead of submitting the Change Notice prior to incurring
the charges as required by the Parties' Frequency Reconfiguration Agreement (FRA) and the TA's
Change Notice guidelines.5
For purposes of uniformity in de novo review decisions, we refer to Nextel Communications, Inc. herein as its
parent. Sprint Nextel Corp. (Sprint).
2 TA Recommended Resolution, TAM No. 50077 filed August 25, 2011 (RR).
* Proposed Resolution Memorandum filed by the Port Authority of New York and New Jersey, TAM No. 50077 at 1
(dated July 13, 201 1) (Port Authority PRM); Reply of the Port Authority of New York and New Jersey to the
Proposed Resolution Memorandum of Nextel Communications, Inc.. TAM No. 50077 at I (dated Aug. 5. 2011)
(Port Authority Reply).
4 Statement of Position of Nextel Communications, Inc., dated Sept. 9. 2011 (Sprint SOP); Statement of Position of
the Port Authority of New York and New Jersey. dated Sept. 9, 2011 (Port Authority SOP).
See infra para. 67.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94252/m1/29/: accessed February 21, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.