FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,900
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Authority also accuses Sprint of bad faith in demanding a greater level of specificity to document BAH's
work in support of the Detailed Task Plan than is required by the FRA.'18 Further, it claims that Sprint
has offered no support for the claim that work associated with the Kennedy Airport radios and MDT racks
could have been accomplished more efficiently."9
46. Sprint Position. Sprint asserts that it negotiated in good faith. It characterizes Port
Authority's bad faith claim as "groundless" and contends that Port Authority misunderstands the elements
of proving bad faith in negotiations.'0
D. Legal and Administrative Fees
47. Port Authority requests $12,076.16 in legal and administrative fees for participating in the
Change Notice mediation and in preparing its PRM and Reply PRM.'2' Port Authority has provided
affidavits containing detailed time and cost figures from the people that participated in the process.'22
Sprint does not object to Port Authority's costs associated with mediation and the preparation of related
E. TA Mediator Recommendation
48. The TA Mediator recommends finding that (I) Port Authority has failed to demonstrate that
its Change Notice satisfies the Commission's Minimum Necessary Cost Standard, and (2) Sprint's
payment obligation should be limited to the amounts it offered for M/A-COM and BAH's services and
Port Authority's internal costs.123
49. Cost Metrics Analysis. In conducting its analysis, the TA Mediator compares the cost of the
Port Authority rebanding project against cost metrics that the TA has derived from the rebanding costs of
other licensees that have reached FRAs with Sprint (TA Metrics).'24 The TA Mediator observes that Port
Authority's total rebanding cost as reflected in the FRA is $2.265,031.76, which places Port Authority in
the TA Metrics' 92'd percentile relative to similarly sized systems.'2" The additional amount requested by
Port Authority in its Change Notice increases the total cost to $3,220,897.18, which would place Port
Authority in the 99'h percentile of similarly sized systems.'26 Based on the high cost of the Port Authority
project compared to other systems, the TA Mediator concludes that under the Commission's standards
and precedent, Port Authority's Change Notice warrants "careful scrutiny" and Port Authority bears a
very high burden "to justify its costs with record evidence."'27
"8 Id. at 12.
"9 Id.at 13.
120 Sprint Reply at 11, citing 800 MI Iz Transition Administrator. LLC, Alternative Dispute Resolution Plan, 5 (V.
1.8. Aug. 20, 2010); 47 C.F.R. ? 90.677(c).
121 Port Authority Reply at 17.
122 Id. at Ex. 1-2.
12 RR at 24.
124 'he TA has made the Metrics available on its website.
http:i//www.800ta.org/contentent/resources/FRAMetrics.pdf (TA Metrics)(Oct. 31. 2011 - v.9.2).
15s RR at 20.
127 Id. at 20-21.
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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/m1/41/: accessed April 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.