FCC Warns Arizona Utility of Looming Sanctions if 800 MHz Rebanding Doesn't Proceed
The FCC Public Safety Bureau ordered the Arizona Public Service to “show cause” why APS shouldn't be held to have acted in bad faith in refusing to conclude a frequency reconfiguration agreement (FRA) with Sprint on 800 MHz rebanding. In…
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March, the bureau said APS was entitled to less than half of the reimbursement it sought from Sprint to retool its 800 MHz radios (see 1503100041). APS subsequently sought a stay of the order and FCC reconsideration, and both requests were denied, the bureau said Monday. After discussions between the two broke down, Sprint presented APS with an FRA consistent with the March order, the bureau said. But APS “has refused to execute the FRA provided by Sprint, contending that it should not be required to commence the retuning of subscriber equipment until notified that all of its replacement frequencies are or soon will be ‘clear,' i.e., free of frequency conflicts with other U.S. stations and stations in Mexico,” the bureau said. The FCC 2004 800 MHz rebanding order “places a strict obligation on all parties to rebanding, i.e., they must at all times act in utmost good faith,” the bureau said. “Failure to do so can result in a licensee’s facilities being relegated to secondary status, whereby they must not interfere with other licensees and must accept interference from other licensees without recourse. A licensee that does not operate in good faith can also be required to pay its own reconfiguration costs.” APS had no immediate comment.