Goto Section: 301.210 | 301.220 | Table of Contents
FCC 301.220
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 301.220 Dispute Resolution.
(a) Meeting with parties. In consideration of the proposal set forth in a
request pursuant to either § 301.200(a)(4)(vi) or (b)(3)(vi) of or at another
mutually convenient date, time, and place (including via teleconference or
other electronics means), the Chair of the board established under this
subpart shall call a meeting of the board to be held simultaneously with
representatives of the parties to the dispute to discuss the dispute.
(b) Additional written submissions. The parties to the dispute shall provide
the board with any additional written materials and documents as it may
request. In cases where the dispute or an element thereof relates to the
impact on the Federal Entity's national security, law enforcement, or public
safety operations or functions, the board may request, and the Federal
entity shall provide, additional written submissions concerning such impact.
(c) Assistance from Technical Panel. A board established under this subpart
may request technical assistance, as necessary, from the Technical Panel
governed by subpart B of this part.
(d) Deadline for decision. The board shall rule on the dispute not later
than thirty (30) days from the date the request was received by the NTIA,
unless the parties and the board all agree in writing, and subject to the
approval of the Assistant Secretary, to extend this period for a specified
number of days.
(e) Board decision. The decision of a board established under this subpart
shall:
(1) Be in writing;
(2) Be limited to determinations related to the execution, timing, or cost
of the Transition Plan submitted by the Federal entity;
(3) Be based only on the record before it, including the request; meeting(s)
with the parties all at the same time; any additional written submissions
requested by the board and served on the other party, including submissions
from the Federal entity concerning the potential impact on its national
security, law enforcement, or public safety operations or functions; input
from the Technical Panel, and other matters and material for which it may
take official notice;
(4) Ensure that the decision does not have a detrimental impact on the
Federal entity's operations or services that have national security, law
enforcement, or public safety functions; and
(5) Be final upon issuance.
(f) Recommendations. A decision of the board may include recommendations for
remedial or other corrective actions to the appropriate Federal agency with
the legal authority to take such actions based on the board's findings.
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Goto Section: 301.210 | 301.220
Goto Year: 2014 |
2016
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