Sprint Nextel sought a rehearing at the FCC on a Public Safety Bu...

costs of using MCM software for inventory management and tracking of end-user radio equipment. The case bears similarities to Sprint’s well publicized challenge of a ruling that the carrier must replace NPSPAC-capable radios in Tazewell County, Ill., in the 800 MHz rebanding, said Alan Tilles, the attorney for the licensee in both cases (CD June 4 p3). Tilles and other attorneys for licensees say such appeals are expensive for their clients and aren’t a recoverable cost under the FCC’s 800 MHz rebanding order. “We're certainly disappointed that Nextel chose to appeal this decision, which we felt was well reasoned,” Tilles said. “Obviously, this will delay the ability of Washoe County to timely complete its rebanding.” It will also drive up the cost of rebanding, he said. “I thought reasonable costs are recoverable. Why is this not a recoverable cost?” But Sprint Nextel said the bureau erred. “Throughout the order, the Bureau arbitrarily and capriciously applied the Commission’s standard for what constitutes a reasonable, prudent and minimum necessary cost during the 800 MHz configuration process,” the company said.