|
Title: Special Meeting re: Sprint Settlement & Lease Agreement Recommendation:
I recommend the School Board approve a Settlement Agreement and General Release with WBSEP Licensing Corporation, Wireless Broadcasting Systems of West Palm Beach, Inc., People’s Choice TV, Inc. and a Broadband Radio Service Long-Term De Facto Transfer Lease Agreement with WBSWP Licensing Corporation and authorize the Superintendent and Board Chairman to sign all necessary documents.
Description: Pursuant to a Federal Communications Commission (FCC) mandate to engage in negotiations with Sprint Nextel to resolve issues involving each party’s overlapping license for the E Group channels, School Board counsel has negotiated a Settlement Agreement and Long-Term Lease with Sprint Nextel’s subsidiaries. The essential elements of the Settlement and Lease Agreement are as follows:
- The School Board will file the FCC for a cancellation of its existing license for Channels E1, E2 and E3, thereby giving Sprint Nextel sole ownership of these channels.
- Spring will file with the FCC for a cancellation of its existing license for channel E4, thereby giving the School Board sole ownership of this channel.
- Upon FCC approval of each of the license cancellations, Sprint will pay $5,000,000 to the School Board.
- Once Channels E1, E2 and E3 have been deleted from the School Board’s license, the Long-Term Lease will automatically become effective and the School Board will have the full use of these channels until the transition from the existing FCC band plan to the new FCC band plan is completed. The lease will allow The Education Network (TEN) and our counter-part at the School Board of Broward County (BECON) to begin or continue using these channels until the transition is complete.
- The Settlement Agreement also contains a mutual general release that will resolve all other disputes with Sprint Nextel, including the disputes that arose last fall with regard to the licenses on the School Board’s A and H Group channels.
Both the Settlement and Lease require that parties abide by the Non-Disclosure Agreement that was previously approved by the Board, provided Sprint Nextel acknowledges that the Board and staff may discuss the terms of these Agreements now and in the future at any public meeting.
Financial Impact:
The financial impact of entering into these Agreements is a positive $5,000,000.
For Additional Information, contact:
Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)
Blair R. LittleJohn, III, Esq.
Attachments (list):
Sprint Settlement Release 53007.pdf
Sprint Lease Agmt 53007.pdf
Sprint Contract Review Checklist 53007 .pdf
New Band Plan Chart 53007.pdf
T.E.N. ENDOWMENT PROPOSAL EAGENDA BOARD ITEM.doc
|
