§ 301.200   Requests to resolve disputes.

   (a) Non-Federal User requests—(1) In general. A Non-Federal User may
   submit a written request to NTIA in accordance with this section to
   establish a Dispute Resolution Board (hereinafter “board”) to resolve
   an actual, unresolved dispute that has arisen between the Non-Federal
   User and a Federal Entity regarding the execution, timing, or cost of
   the Transition Plan submitted by the Federal Entity pursuant to section
   113(h)(1) of the NTIA Organization Act (47 U.S.C. 923(h)(1)).

   (2) Negotiation, mediation and arbitration. Any dispute arising out of
   the execution, timing, or cost of the Transition Plan submitted by a
   Federal Entity must be raised, in the first instance, with the officer
   or employee of the Federal Entity identified in the Transition Plan as
   being responsible for the relocation or sharing efforts of the entity
   and who is authorized to meet and negotiate with Non-Federal Users
   regarding the transition. To the extent that the parties cannot resolve
   such dispute on an informal basis or through good faith negotiation,
   they are strongly encouraged to use expedited alternative dispute
   resolution procedures, such as mediation or non-binding arbitration,
   before submitting a written request in accordance with this section to
   establish a board.

   (3) Eligibility to request the establishment of a board. To submit a
   request to establish a board, a Non-Federal User must satisfy the
   definition of such term in § 301.20 of this part and the dispute must
   pertain to the execution, timing, or cost of the Transition Plan
   associated with the license or licenses subject to the winning bid or
   bids.

   (4) Contents of request. In order to be considered by a board under
   this subpart, a request must include:

   (i) Specific allegations of fact regarding the Federal Entity's
   deviation from the Transition Plan sufficient to support the requested
   resolution of the dispute. Such allegations of fact, except for those
   of which official notice may be taken by the board, shall be supported
   by affidavits of a person or persons having personal knowledge thereof;

   (ii) A summary of the parties' prior efforts and attempts to resolve
   the dispute, including negotiation, mediation, or non-binding
   arbitration efforts pursuant to paragraph (a)(2) of this section;

   (iii) A detailed description of each of the claims upon which a
   resolution is sought by and available to the Non-Federal User;

   (iv) A detailed description of the requested resolution of the dispute;

   (v) The requestor's contact information and a certificate of service
   showing to whom and when an identical copy of the request was provided
   to the Federal Entity; and

   (vi) A meeting proposal setting forth the proposed date, time, and
   place (including suggested alternatives) for a meeting with the Federal
   Entity and the board, the date for which shall be no later than fifteen
   (15) days from the date the request is sent to NTIA.

   (vii) A self-certification that the Non-Federal User is a licensee
   authorized to use Eligible Frequencies or winning bidder in an FCC
   auction for the Eligible Frequencies.

   (5) Federal Entity response. A Federal Entity has the right to submit a
   response to the board prior to the date of the scheduled meeting. If so
   directed by the Chair of the board, the Federal Entity shall submit a
   written response to the Non-Federal User's request.

   (b) Federal Entity requests—(1) In general. An Eligible Federal Entity
   may submit a written request in accordance with this section to
   establish a Dispute Resolution Board to resolve an actual dispute that
   has arisen between the Federal Entity and a Non-Federal User regarding
   the execution, timing, or cost of the Transition Plan submitted by the
   Federal Entity pursuant to section 113(h)(1) of the NTIA Organization
   Act (47 U.S.C. 923(h)(1)).

   (2) Eligibility to request the establishment of a board. To submit a
   request to establish a board, a Federal Entity, as such term is defined
   in § 301.20 of this part, must have submitted a Transition Plan pursuant
   to section 113(h)(1) of the NTIA Organization Act (47 U.S.C. 923(h)(1))
   and the dispute must pertain to the execution, timing, or cost of such
   plan in connection with that Non-Federal User's license or licenses to
   use the Eligible Frequencies.

   (3) Contents of request. In order to be considered by a board under
   this subpart, a request must include:

   (i) Specific allegations of fact regarding the factors hindering or
   affecting the plan's execution, timing, or cost sufficient to support
   the requested resolution of the dispute. Such allegations of fact,
   except for those for which official notice may be taken by the board,
   shall be supported by affidavits of a person or persons having personal
   knowledge thereof;

   (ii) A summary of the parties' prior efforts and attempts to resolve
   the dispute;

   (iii) A detailed description of each of the claims upon which a
   resolution is sought by and available to the Federal Entity;

   (iv) A detailed description of the requested resolution of the dispute;

   (v) The requestor's contact information and a certificate of service
   showing to whom and when an identical copy of the request was provided
   to the Non-Federal User; and

   (vi) A meeting proposal setting forth the proposed date, time, and
   place (including suggested alternatives) for a meeting with the
   Non-Federal User and the board, the date for which shall be no later
   than fifteen (15) days from the date the request is sent to NTIA.

   (4) Non-Federal User response. A Non-Federal User has the right to
   submit a response to the board prior to the date of the scheduled
   meeting. If so directed by the Chair of the board, the Non-Federal User
   shall submit a written response to the Federal Entity's request.

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