ADDENDUM VII TO SPRINT PCS MANAGEMENT AGREEMENT Dated as of July 31, 2003
EXHIBIT 10.3
ADDENDUM VII
TO SPRINT PCS MANAGEMENT AGREEMENT
Dated as of July 31, 2003
Manager: UbiquiTel Operating Company
Service Areas:
BTA No. 15 Anderson, IN (partial)
BTA Xx. 00 Xxxxxxxxxxx, XX
BTA No. 47 Bloomington-Bedford, IN
BTA Xx. 00 Xxxxx-Xxxxx, XX
BTA No. 00 Xxxxxxx Xxxxx-Xxxxxxx, XX
BTA Xx. 00 Xxxxx-Xxxxxxxx, XX
BTA No. 81 Cincinnati, OH (partial)
BTA No. 83 Clarksville, TN-Hopkinsville, KY
BTA No. 93 Columbus, IN
BTA No. 000 Xxxxxx, XX
BTA No. 135 Evansville, IN
BTA No. 000 Xxxxxx, XX
BTA No. 000 Xxxxx Xxxxx, XX
BTA No. 204 Indianapolis, IN (partial)
BTA No. 245 Las Vegas, NV (partial)
BTA No. 000 Xxxxxxxx-Xxxxxx, XX
XXX Xx. 000 Xxxxx, XX
BTA No. 263 Louisville, KY (partial)
BTA No. 000 Xxxxxxxxxxxx, XX
BTA No. 000 Xxxxxx, XX
XXX Xx. 000 Xxxxxxx, XX
BTA No. 000 Xxxxxxxxx, XX
BTA No. 000 Xxxxxxx-Xxxxxx-Xxxxxxxx, XX
BTA Xx. 000 Xxxxxxxxx, XX
BTA No. 365 Provo-Orem, UT (partial)
BTA Xx. 000 Xxxxxxx, XX
BTA No. 372 Reno, NV
BTA No. 373 Richmond, IN
BTA No. 389 Sacramento, CA (partial)
BTA No. 392 St. Xxxxxx, UT
BTA No. 399 Salt Lake City-Ogden, UT (partial)
BTA Xx. 000 Xxxxxxx, XX
BTA Xx. 000 Xxxxxxxx, XX
BTA No. 442 Terre Haute, IN (partial)
BTA No. 000 Xxxx Xxxxx, XX
BTA No. 457 Vincennes-Washington, IN
BTA No. 458 Visalia-Porterville-Hanford, CA
BTA No. 485 Yuba City-Marysville, CA (partial)
1
This Addendum VII (this “Addendum”) contains certain additional and supplemental terms and provisions to that certain Sprint PCS Management Agreement entered into as of October 15, 1998, by UbiquiTel L.L.C. (but subsequently transferred to UbiquiTel Operating Company) (the “Manager”), Sprint Spectrum L.P., WirelessCo, L.P. and Sprint Communications Company, L.P., as amended by that certain Addendum I, entered into as of October 15, 1998, that certain Addendum II, entered into as of December 28, 1999, that certain Addendum III, entered into as of February 14, 2000, that certain Addendum IV, entered into as of April 5, 2000, that certain Addendum V, entered into as of June 6, 2000, and that certain Addendum VI entered into as of February 21, 2001 (as amended, the “Management Agreement”).
The terms and provisions of this Addendum control, supersede and amend any conflicting terms and provisions contained in the Management Agreement. Except for express modifications made in this Addendum, the Management Agreement continues in full force and effect.
Capitalized terms used and not otherwise defined in this Addendum have the meanings ascribed to them in the Management Agreement. Section and Exhibit references in this Addendum are to Sections and Exhibits of the Management Agreement unless otherwise noted.
The parties agree that the Management Agreement is modified as follows:
1. Deletion of BTAs from Service Area. The BTA No. 41 Billings, MT, BTA Xx. 00 Xxxxxxx, XX, BTA Xx.00 Xxxxx, XX, BTA No. 000 Xxxxx Xxxxx, XX, BTA Xx. 000 Xxxxxx, XX, BTA Xx. 000 Xxxxxxxxx, XX, and BTA No. 000 Xxxxxxxx, XX are deleted from the Service Area (“Deleted BTAs) and the Deleted BTAs are deleted from the Service Area Network. The attached Service Area Exhibit supersedes and replaces all prior Service Area Exhibits. Within 14 days after the date that both parties sign this Addendum, Manager must deliver to Sprint PCS all site acquisition materials in Manager’s or its contractor’s possession relating to the Deleted BTAs, including, without limitation, studies, reports, surveys, title reports, governmental permits and approvals and plans.
2. Revised Build-out Plan. Exhibit 2.1 attached to this Addendum, comprised of a Build-Out Plan Description, a Build-Out Plan Table and Build-Out Plan Maps, supersedes and replaces in its entirety all Exhibits 2.1 previously agreed to by Manager and Sprint PCS. All references in the Management Agreement to the Build-out Plan are deemed to refer to the attached Build-out Plan Description, Build-out Plan Table and Build-out Plan Maps, collectively.
2
3. Restricted Markets. Exhibit 2.4 attached to this Addendum is the current Sprint Local Exchange Carrier Restricted Markets Table and Map and supersedes and replaces all prior Exhibits 2.4.
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3
The parties have executed this Addendum on the date first written above.
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UBIQUITEL OPERATING COMPANY |
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By: |
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Xxxx X. Xxxxxxx |
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Chief Operating Officer |
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SPRINT SPECTRUM L.P. |
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By: |
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Xxxxxx X. Xxxxxx, |
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Vice President – Affiliations, PLS & ICS |
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WIRELESSCO, L.P. |
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By: |
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Xxxxxx X. Xxxxxx, |
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Vice President – Affiliations, PLS & ICS |
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SPRINT TELEPHONY PCS, L.P. |
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By: |
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Xxxxxx X. Xxxxxx, |
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Vice President – Affiliations, PLS & ICS |
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SPRINT PCS LICENSE, L.L.C. |
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By: |
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Xxxxxx X. Xxxxxx, |
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Vice President – Affiliations, PLS & ICS |
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SPRINT COMMUNICATIONS COMPANY, L.P. |
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Xxxx Xxxx |
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Vice President – Brand Management |
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Addendum VII
S-I
SERVICE AREA EXHIBIT
BTA# |
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BTA Name |
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Spectrum |
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License Holder |
15 |
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Anderson, IN (partial) |
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A |
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WirelessCO, LP |
28 |
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Bakersfield, CA |
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A |
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Sprint PCS License, L.L.C. |
47 |
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Bloomington-Bedford, IN |
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A |
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WirelessCO, LP |
50 |
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Boise-Nampa, ID |
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B |
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WirelessCO, LP |
00 |
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Xxxxxxx Xxxxx-Xxxxxxx, XX |
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B |
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WirelessCO, LP |
79 |
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Chico-Oroville, CA |
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A |
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WirelessCO, LP |
81 |
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Cincinnati, OH (partial) |
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D |
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SprintCom, Inc. |
00 |
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Xxxxxxxxxxx, XX-Xxxxxxxxxxxx, XX |
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A |
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WirelessCO, LP |
93 |
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Columbus, IN |
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A |
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WirelessCO, LP |
000 |
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Xxxxxx, XX |
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A |
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WirelessCO, LP |
135 |
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Evansville, IN |
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B |
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WirelessCO, LP |
000 |
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Xxxxxx, XX |
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A |
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WirelessCO, LP |
000 |
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Xxxxx Xxxxx, XX |
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B |
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WirelessCO, LP |
204 |
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Indianapolis, IN (partial) |
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A |
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WirelessCO, LP |
245 |
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Las Vegas, NV (partial) |
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A |
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Sprint PCS License, L.L.C. |
000 |
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Xxxxxxxx-Xxxxxx, XX |
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B |
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WirelessCO, LP |
258 |
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Logan, UT |
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B |
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WirelessCO, LP |
263 |
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Louisville, KY (partial) |
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B |
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WirelessCO, LP |
000 |
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Xxxxxxxxxxxx, XX |
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B |
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WirelessCO, LP |
291 |
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Merced, CA |
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A |
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WirelessCO, LP |
000 |
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Xxxxxxx, XX |
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A |
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WirelessCO, LP |
000 |
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Xxxxxxxxx, XX |
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B |
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WirelessCO, LP |
000 |
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Xxxxxxx-Xxxxxx-Xxxxxxxx, XX |
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B |
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WirelessCO, LP |
000 |
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Xxxxxxxxx, XX |
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B |
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WirelessCO, LP |
365 |
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Provo-Orem, UT (partial) |
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B |
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WirelessCO, LP |
371 |
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Redding, CA |
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A |
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WirelessCO, LP |
372 |
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Reno, NV |
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A |
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WirelessCO, LP |
373 |
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Richmond, IN |
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A |
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WirelessCO, LP |
389 |
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Sacramento, CA (partial) |
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A |
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WirelessCO, LP |
392 |
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St. Xxxxxx, UT |
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B |
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WirelessCO, LP |
000 |
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Xxxx Xxxx Xxxx – Xxxxx, XX (partial) |
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B |
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WirelessCO, LP |
000 |
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Xxxxxxx, XX |
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B |
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WirelessCO, LP |
000 |
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Xxxxxxxx, XX |
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A |
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WirelessCO, LP |
442 |
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Terre Haute, IN (partial) |
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A |
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WirelessCO, LP |
000 |
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Xxxx Xxxxx, XX |
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B |
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WirelessCO, LP |
457 |
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Vicennes-Washington, IN |
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A |
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WirelessCO, LP |
458 |
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Visalia-Xxxxxxxxxxx-Hanford, CA |
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A |
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WirelessCO, LP |
485 |
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Yuba City, CA (partial) |
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A |
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WirelessCO, LP |
7/10/2003