Goto Section: 301.210 | 301.220 | Table of Contents

FCC 301.220
Revised as of October 1, 2018
Goto Year:2017 | 2019
  § 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: 2017 | 2019
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