§ 64.1703   Dispute resolution default process.

   (a) Tri-Partite Panel. Technical disputes governed by this section shall be
   resolved in accordance with the recommendation of a three-person panel,
   subject to a vote of the funding parties in accordance with paragraph (b) of
   this  section. Persons who participated in the generic requirements or
   standards development process are eligible to serve on the panel. The panel
   shall be selected and operate as follows:

   (1) Within two (2) days of the filing of a dispute with the NASDO invoking
   the dispute resolution default process, both the funding party seeking
   dispute resolution and the NASDO shall select a representative to sit on the
   panel;

   (2) Within four (4) days of their selection, the two panelists shall select
   a neutral third panel member to create a tri-partite panel;

   (3) The tri-partite panel shall, at a minimum, review the proposed text of
   the NASDO and any explanatory material provided to the funding parties by
   the NASDO, the comments and any alternative text provided by the funding
   party seeking dispute resolution, any relevant standards which have been
   established  or which are under development by an accredited-standards
   development  organization, and any comments submitted by other funding
   parties;

   (4)  Any  party  in  interest  submitting information to the panel for
   consideration (including the NASDO, the party seeking dispute resolution and
   the other funding parties) shall be asked by the panel whether there is
   knowledge of patents, the use of which may be essential to the standard or
   generic requirement being considered. The fact that the question was asked
   along with any affirmative responses shall be recorded, and considered, in
   the panel's recommendation; and

   (5)  The tri-partite panel shall, within fifteen (15) days after being
   established, decide by a majority vote, the issue or issues raised by the
   party seeking dispute resolution and produce a report of their decision to
   the  funding parties. The tri-partite panel must adopt one of the five
   options listed below:

   (i) The NASDO's proposal on the issue under consideration;

   (ii) The position of the party seeking dispute resolution on the issue under
   consideration;

   (iii)  A  standard  developed  by  an accredited standards development
   organization that addresses the issue under consideration;

   (iv) A finding that the issue is not ripe for decision due to insufficient
   technical evidence to support the soundness of any one proposal over any
   other proposal; or

   (v) Any other resolution that is consistent with the standard described in
   section 64.1703(a)(6).

   (6) The tri-partite panel must choose, from the five options outlined above,
   the option that they believe provides the most technically sound solution
   and base its recommendation upon the substantive evidence presented to the
   panel. The panel is not precluded from taking into account complexity of
   implementation and other practical considerations in deciding which option
   is most technically sound. Neither of the disputants (i.e., the NASDO and
   the funding party which invokes the dispute resolution process) will be
   permitted to participate in any decision to reject the mediation panel's
   recommendation.

   (b) The tri-partite panel's recommendation(s) must be included in the final
   industry-wide  standard  or  industry-wide generic requirement, unless
   three-fourths of the funding parties who vote decide within thirty (30) days
   of the filing of the dispute to reject the recommendation and accept one of
   the options specified in paragraphs (a)(5) (i) through (v) of this section.
   Each funding party shall have one vote.

   (c) All costs sustained by the tri-partite panel will be incorporated into
   the cost of producing the industry-wide standard or industry-wide generic
   requirement.

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