SPRINT (NEXTEL OF CLAIFORNIA, INC.)

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JAN 2 4 2014 N- 2014 -004 ©.SApp(2) T� print g"rI �an�" z ` , December 9, 2013 VIA FEDERAL EXPRESS Santa Ana, CA Attn: Tina Horner Police Communications Supervisor Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Dear Tina Horner: On August 6, 2004 the Federal Communications Commission ( "FCC') issued a report and order that modified its rules governing the 800 MHz band. On the December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. On April 1, 2013 the FCC issued a Fifth Report and Order adopting a reconfigured channel plan for the 800 MHz band along the U.S. - Mexico border. The August 6, 2004, December 22, 2004 and April 1, 2013 FCC orders, any binding actions issued by the Transition Administrator ( "TA ") pursuant to its delegated authority under the orders ( "Actions "), and any supplemental FCC orders in the Reconfiguration proceeding or subsequent Actions after the date of this letter, are collectively referred to as the "Order." Such Order having a purpose of minimizing harmful interference to public safety radio communications systems, Santa Ana, City of ( "Incumbent ") and Nextel of California, Inc. ( "Sprint') wish to memorialize a frequency reconfiguration transaction (the "Reconfiguration ") in compliance with the Order. By this letter agreement (the "Agreement'), the Parties acknowledge and agree to the following: (A) Incumbent is the lawful and exclusive FCC licensee of frequencies 868.4500 and 866.5750 (the "Incumbent Frequencies ") under call signs WNSS307 and WPKM399 (the 'Incumbent License "). Sprint, including its subsidiaries or affiliates, is the lawful and exclusive licensee of frequencies 851.5750 and 853.4500 (the "Replacement Frequencies ") under the license granted by the FCC (the "Sprint License "). Incumbent shall relinquish the Incumbent Frequencies and must relocate its system to the Replacement Frequencies assigned to it by the Transition Administrator (TA) pursuant to authority granted to the TA by the FCC. Sprint shall relinquish the Replacement Frequencies to the Incumbent. Incumbent warrants that there is no pending or threatened action or claim that would prevent the consummation of this Agreement. (B) Sprint will cause the modification of the Incumbent License to add the Replacement Frequencies or Sprint will cause the creation of a new FCC license for Incumbent that includes the Replacement Frequencies. Incumbent will cause the assignment of the Incumbent Frequencies to Sprint, and Sprint will cause the modification and /or cancellation of the FCC licenses it holds that