Sec. 101.73  Mandatory negotiations.

    (a) If a relocation agreement is not reached during the voluntary 
period, the ET licensee may initiate a mandatory negotiation period. 
This mandatory period is triggered at the option of the ET licensee, but 
ET licensees may not invoke their right to mandatory negotiation until 
the voluntary negotiation period has expired.
    (b) Once mandatory negotiations have begun, an FMS licensee may not 
refuse to negotiate and all parties are required to negotiate in good 
faith. Good faith requires each party to provide information to the 
other that is reasonably necessary to facilitate the relocation process. 
In evaluating claims that a party has not negotiated in good faith, the 
FCC will consider, inter alia, the following factors:
    (1) Whether the ET licensee has made a bona fide offer to relocate 
the FMS licensee to comparable facilities in accordance with Section 
101.75(b);
    (2) If the FMS licensee has demanded a premium, the type of premium 
requested (e.g., whether the premium is directly related to relocation, 
such as system-wide relocations and analog-to-digital conversions, 
versus other types of premiums), and whether the value of the premium as 
compared to the cost of providing comparable facilities is 
disproportionate (i.e., whether there is a lack of proportion or 
relation between the two);
    (3) What steps the parties have taken to determine the actual cost 
of relocation to comparable facilities;
    (4) Whether either party has withheld information requested by the 
other party that is necessary to estimate relocation costs or to 
facilitate the relocation process.
    (c) Any party alleging a violation of our good faith requirement 
must attach an independent estimate of the relocation costs in question 
to any documentation filed with the Commission in support of its claim. 
An independent cost estimate must include a specification for the 
comparable facility and a statement of the costs associated with 
providing that facility to the incumbent licensee.
[ 61 FR 29694 , June 12, 1996, as amended at  62 FR 12758 , Mar. 18, 1997]