Goto Section: 27.1420 | 27.1422 | Table of Contents
FCC 27.1421
Revised as of October 1, 2020
Goto Year:2019 |
2021
§ 27.1421 Disputes over costs and cost-sharing.
(a) Parties disputing a cost estimate, cost invoice, or payment or
cost-sharing obligation must file an objection with the Relocation
Payment Clearinghouse.
(b) The Relocation Payment Clearinghouse may mediate any disputes
regarding cost estimates or payments that may arise in the course of
band reconfiguration; or refer the disputant parties to alternative
dispute resolution fora.
(1) Any dispute submitted to the Relocation Payment Clearinghouse, or
other mediator, shall be decided within 30 days after the Relocation
Payment Clearinghouse has received a submission by one party and a
response from the other party.
(2) Thereafter, any party may seek expedited non-binding arbitration,
which must be completed within 30 days of the recommended decision or
advice of the Relocation Payment Clearinghouse or other mediator.
(3) The parties will share the cost of this arbitration if it is before
the Relocation Payment Clearinghouse.
(c) Should any issues still remain unresolved, they may be referred to
the Bureau within ten days of recommended decision or advice of the
Relocation Payment Clearinghouse or other mediator and any decision of
the Relocation Payment Clearinghouse can be appealed to the Chief of
the Bureau.
(1) When referring an unresolved matter, the Relocation Payment
Clearinghouse shall forward the entire record on any disputed issues,
including such dispositions thereof that the Relocation Payment
Clearinghouse has considered.
(2) Upon receipt of such record and advice, the Bureau will decide the
disputed issues based on the record submitted. The Bureau is directed
to resolve such disputed issues or designate them for an evidentiary
hearing before an Administrative Law Judge. If the Bureau decides an
issue, any party to the dispute wishing to appeal the decision may do
so by filing with the Commission, within ten days of the effective date
of the initial decision, a Petition for de novo review; whereupon the
matter will be set for an evidentiary hearing before an Administrative
Law Judge.
(3) Parties seeking de novo review of a decision by the Bureau are
advised that, in the course of the evidentiary hearing, the Commission
may require complete documentation relevant to any disputed matters;
and, where necessary, and at the presiding judge's discretion, require
expert engineering, economic or other reports or testimony. Parties may
therefore wish to consider possibly less burdensome and expensive
resolution of their disputes through means of alternative dispute
resolution.
Goto Section: 27.1420 | 27.1422
Goto Year: 2019 |
2021
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