§ 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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